2020 (9) TMI 1147

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....nce common issue is involved in all these appeals, they are heard together and consolidated order is passed for the sake of convenience. We take up ITA No.748/Bang/2019 for consideration. 2. The assessee has raised the following grounds : 3. The facts of the case are that the assessee filed his Return of Income for A.Y. 2008-09 on 30.09.2008 declaring a total income of Rs. 2,13,550. As per the information received from the DIT (Intelligence and Criminal Investigation) New Delhi, a search action was conducted in the case of Mahasagar Group on 25.11.2009. Out of the persons benefitted, the assessee in whose case information was gathered that an amount of Rs. 6,85,454 chargeable to tax as income from other sources has escaped assessment ....

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....re Bench of ITAT in the case of Ranjit Kumar Bothra Vs. ITO (supra) for the Assessment Year 2015-16 and held in pars 5 to7 as under : 5. After hearing both the sides and perusing the material on record, I find that similar issue was considered by this Tribunal in the case of Shri. Kirti K.Bhansali v. ITO for assessment year 2008-2009 in ITA No.105/Bang/2019. Vide order dated 24.05.2019, the Tribunal held as under:- "4.3.1 I have considered the rival submissions and first of all, I reproduce Para No.8 of the judgment of Hon'ble Karnataka High Court rendered in the case of M/s. Chandra Devi Kothari (Supra) and this is as under: "8. In the light of the facts and circumstances as adverted to above and as the petitione....

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....eld by the Tribunal in the case of Shri. Kirti K. Bhansali (supra). 6.1 In view of the above, I am not inclined to comment upon any other grounds of appeal on merits of the issue at this stage. 7. In the result, the appeal filed by the assessee is partly allowed for statistical purposes." Respectfully following the above decision of Tribunal, I am inclined to remit the matter to the file of Assessing Officer to decide the issue afresh after giving cross examination of the concerned parties, in accordance with law. Levy of interest under Section 234A, 234B, 234C and 234D of the Act are consequential in nature. 6. Since the issue involved in ITA Nos.1316 to 1321/Bang/2019 are similar, the above finding equally applies ....