Mumbai v. Shri.omprakash K.jain Surat And Ors

Vs. Shri.Omprakash K.Jain Surat and ors. ....Respondents. Mr.Y.P.Patki with Mr.B.M.Chatterji and P.S.Sahadevan forthe Appellant. Mr.S.N. Inamdar with A.K. Jasani, S.S.Shetty, Mr.P.C.Tripathi for the Respondents. PC : CORAM : F.I. REBELLO & R.S.MOHITE, JJ.DATE : 12th January, 2009. 1. All these appeals are being disposed off by this common order. In these circumstances, directed that the additions madein the case of the assessee for the assessment year2001-02 to 2004-05 would stand deleted.3. In so far as other appeals are concerned, thelearned Tribunal in Para-32 issued the followingdirections.(a) If the details like statement of purchaseand sales, quantitative details of turnover,ledger account of the parties with whom businesswas conducted on account of purchase and sales,bank statement indicating payments forrespective purchase and sales and confirmationof parties from whom purchases and with whomsales were made, their sales tax returns etc.had already been filed by the Assessee beforethe A.O. then for the reasons stated in thecase of Mr. Sanjay Jain, the additions made inthe case of the assessee in all these assessmentyears would stand deleted.(b) If no such details were filed by theAssessee before the A.O. earlier, then theAssessee would file the same in the set asideproceedings and the A.O. will examine the sameand decide the issue in accordance with law. 4. At the time of hearing of these appeals in case ofSanjay S. Jain on behalf of the revenue, the learnedcounsel submits that apart from the statement which wasretracted on 21.1.2004, there was a subsequent statementwhich was made by the assessee on 25.3.2004. Therefore,even if, by subsequent affidavit of June, 2004 theearlier statement was retracted, the statement of25.3.2004 could not have been ignored. It is alsopointed out that on prima facie consideration of thedocumentary evidence, the tribunal could not haveaccepted the evidence without examining the genuinenessof the documents and the entries made therein. It is submitted that this exercise has not been done by the Tribunal. additions. No fault can be found with this approach of the Tribunal. .In so far as other assesses are concerned, it is remand the matters for fresh consideration of the A.O. on all these aspects. order. same according to law. consideration of the issues stated hereinabove. Appeals accordingly disposed off. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)