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TMI Blog2021 (7) TMI 1004X X X X Extracts X X X X X X X X Extracts X X X X ..... al high court s decision in the very group of cases - Revenue cannot be treated as an aggrieved party when the Assessing Officer s remand report agrees with an assessee s contentions. - IT(SS)A No. : 69/Hyd/05, 74/Hyd/05 - - - Dated:- 28-6-2021 - Shri S.S.Godara, Judicial Member And Shri Laxmi Prasad Sahu, Accountant Member For the Revenue : Shri Narayan Murthy Naik, DR For the Assessee : Shri P.Murali Mohana Rao, AR ORDER PER S.S.GODARA, J.M. : These Revenue s and Assessee s cross appeals for block period AYs.1996-97 to 2001-02 and 01-04-2001 to 03-01- 2002, arise against the CIT(A)-1, Hyderabad s order dated 11-01-2005 passed in ITA No.029/CC-1, Hyd/CIT(A)-1/03-04 involving proceedings u/s.158BC of the Income Tax Act, 1961 [in short, the Act ]. Heard both the parties. Case files perused. 2. We notice at the outset that this is the second round of proceedings between department and the assessee in the instant cross appeals. Learned co-ordinate bench s earlier common order dt.03-08-2012 had disposed-of a batch of 35 cases arising out of the very search dt.03-01-2002 at the office and factory premises of M/s.Gemini Distilleries (HYD) Pvt. Ltd. as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned amount was deposited in the books of account of M/s. Sree Balaji Enterprises and the said amount had came from M/s. Golden Agencies. It is an admitted fact that M/s. Golden Agencies was not filing the return of income other than disclosing income under VDIS for Ays 1993-94 and 1994-95. Being so, we are inclined to hold that the capacity of MIs. Golden Agencies for giving this amount to the assessee is not explained. Hence the addition is made in the hands of the assessee on this count is justified. This ground of the assessee is dismissed. The Hon'ble ITAT ought to have appreciated that once it is established that the entries are reflected in the books of account, the same cannot be added under Block Period and deleted the addition. 2. Similarly, in IT(SS)A No.74/H/05, in respect of addition of ₹ 21,11,000/the order mentions as under at para no 14 of Page 12 of the order: ... Brief facts of the issue are that in the capital account for the assessment year 199798, following credit entries are appearing which have been treated as unexplained deposits, thereby treating the sum of ₹ 37,13,100/- as undisclosed income of the b lock per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment. It is observed in Page No. 26 Para No. 43 of the ITAT Order that Even before us no material was produced in order to substantiate the credit. Accordingly, we confirm the addition. The Hon'ble ITAT ought to have appreciated that once it is established that the entries are reflected in the books of account, the same cannot be added under Block Period and deleted the addition. 5. Similarly, in IT(SS)A No. 74/H/05, in respect of addition of ₹ 7,43,750/- the same amount is reflected in books of account as can be seen from para 44-46 at page 26 of order and cannot be added in block assessment. It is observed in Page No. 27 Para No. 46 of the ITAT Order that no material was placed before us to substantiate the credits relating to ₹ 3,00,000. Being so, we are inclined to confirm the order of CIT(A) on this issue. Regarding the addition of ₹ 4,43,750, as this issue was not pressed before the CIT(A), before us the assessee cannot have grievance. Accordingly, the ground relating to sustaining addition of ₹ 7,43,750 by the assessee is dismissed. The Hon'ble ITAT ought to have appreciated that once it i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Satpal Singh Bagga were allowed vide order dt. 30-07-2015. 6. We have considered the contentions of the rival parties. Neither of us are party to the hearings in the original appeals and to the order passed on 03-08- 12 and we are not in a position to consider whether the contentions were raised at that point of time. However, considering the detailed submissions made in MA in IT(SS)A No. 74/Hyd/2005 above and the order of coordinate bench dt 30- 07-2015 in other group cases wherein on similar applications some of the grounds were recalled, We in the interest of justice, recall these two appeals to consider afresh those grounds as stated above. We make it clear that we are not adjudicating the merits of the contentions raised by assessee. It is only for the purpose of re-examination on the basis of the documents placed on record and the provisions of law and to give an opportunity to assessee, we are inclined to recall the orders for the limited purpose of considering the contentions. Registry is directed to post these two appeals in course of time. 7. In the result, both the Miscellaneous Applications are considered allowed . It is in this backdrop of facts that we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and unexplained cash credits addition in 1999-2000 of ₹ 20 lakhs involving M/s.Seshadri Chit Funds, Sonu Wines and Wine Junction having respective sums of ₹ 5 Lakhs, 3 Lakhs and ₹ 12 Lakhs; respectively. 5.1. Case records further indicate that a remand report dt.02- 05-2018 has been submitted from Assessing Officer s end before us inter alia accepting the assessee s case (except) Sindicate Bank-624, involving ₹ 8,532/- in ITA No.74/Hyd/2005 and therefore, all these additions are based on the entries made in the regular books of account only. This gives rise to the very precise sole question before us as to whether the impugned additions in Sec.158BC proceedings based on the entries made in assessee s regular books of account could be made. 5.2. We notice in this factual backdrop that the foregoing issue is no more resjudicata . It is not in dispute that the impugned search had also covered the case of assessee s family/member Shri Kuldip Singh Bagga. This tribunal s coordinate bench s earlier order dt.14-10-2011 for the very block period and search had held that the credits in issue cannot be gone into in block assessment proceedings as the same w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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