BIMAL RAVJIBHAI PATEL,SURENDRANAGAR V. DCIT, CC-1(4), AHMEDABAD, AHMEDABAD

ITA 1418/AHD/2024

AI Insights

The case involves an appeal by Bimal Ravjibhai Patel against the order of the Commissioner of Income-tax (Appeals)-11, Ahmedabad, concerning the assessment year 2013-14. The primary contention was regarding the validity of a notice issued under Section 148 of the Income-tax Act, 1961, and the subsequent assessment which included an addition of Rs. 10,50,528 by estimating profit at 12% on alleged unaccounted receipts from the sale of plots. The Tribunal did not adjudicate on the issue of the notice's validity but focused on the merit of the profit estimation, ultimately reducing the profit percentage from 12% to 6%.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 474052 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2024
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 12-11-2024
• Assessment Year: 2013-2014
• Appeal Filed On: 26-07-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: B.P. SRIVASTAVA
• Assessee Lawyers: MEHUL RANPURA
• Keywords: Unexplained expenditure; Income from undisclosed sources
• Section: 147; 148; 250; 133A

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT & SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER I.T.A. No. 1418/Ahd/2024 (Assessment Year: 2013-14) Bimal Ravjibhai Patel, 3, Kumbharpara, Surendranagar, Gujarat-363002 PAN : ABJPP 7976 N Vs. DCIT, CC-1(4), Ahmedabad (Appellant) .. (Respondent) Appellant by : Shri Mehul Ranpura, AR Respondent by: Shri B.P. Srivastava, Sr DR Date of Hearing 12.11.2024 Date of Pronouncement 19.11.2024 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT : This appeal has been filed by the assessee against the order passed by the Ld. Commissioner of Income-tax (Appeals)-11, Ahmedabad (hereinafter referred to as \"CIT(A)\" for short), dated 27.05.2024 passed under Section 250 of the Income-tax Act, 1961 [hereinafter referred to as \"the Act\" for short], for Assessment Year (AY) 2013-14. 2. The assessee has raised following grounds of appeal :- “1. The grounds of appeal mentioned hereunder are without prejudice to one another. 2. The ld. CIT(A) erred on facts as also in law rejecting ground of appeal related to validity of notice issued u/s 148 of the Income tax Act, 1961. That on facts as also in law, proceedings-initiated u/s. 147 of the Act is invalid and assessment finalized on such invalid initiation deserves to be quashed and may kindly be quashed. ITA No. 1418/Ahd/2024 Bimal Ravjibhai Patel Vs. DCIT Asst. Year – 2013-14 - 2– 3. The Id. CIT(A)erred on facts as also in law in retaining addition of Rs. 10,50,528/- by estimating profit at the 12% on alleged on money receipt of Rs.87,54,402/- on sale of plots. The addition retained is unjustified and deserves to be deleted, may kindly be deleted. 4. Your Honour's appellant craves leave to add, to amend, alter, or withdraw any or more grounds of appeal on or before the hearing of appeal.” 3. The brief issue involved in this case is that the ld. CIT(A) has determined income @ 12% on the unaccounted receipt. We find that the details pertaining to the unaccounted receipt have been impounded in the course of survey conducted u/s 133A of the Act. Based on the impounded material, the assessee has shown unaccounted income as well as the unaccounted expenditure. However, the Assessing Officer has not given any benefit of the cash expenses on the ground that the assessee has failed to provide the exact nature of cash expenses. The ld. CIT(A), after considering the submissions made by the assessee, has determined the profit @ 12%. 4. Having gone through the details of unaccounted cash, we find that the net income was Rs.22.92 lakhs and the share of the assessee was 25% which comes to Rs.5.73 lakhs. The assessee has disclosed the income of Rs.10.27 lakhs in the return of income. Keeping in view the entire facts of the case, we agree with the proposition of the ld. Counsel for the assessee that the assessee is willing to pay 6% of the gross margin instead of 12% as determined by the ld. CIT(A). On going through the entire facts of the case, we find that the proposal of the assessee can be accepted on the basis of the ITA No. 1418/Ahd/2024 Bimal Ravjibhai Patel Vs. DCIT Asst. Year – 2013-14 - 3– estimation of income. Hence, the profit percentage is directed to be determined @ 6% instead of 12% as determined by the ld. CIT(A). 5. Since the issue is adjudicated on merits of the case, the grounds taken up by the assessee on the issue of 148 are not being adjudicated. 6. In the result, the appeal filed by the assessee is partly allowed. The order is pronounced in the open Court on 19.11.2024 Sd/- Sd/- (SIDDHARTHA NAUTIYAL) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT Ahmedabad; Dated 19/11/2024 btk आदेश की \u0007ितिलिप अ\rेिषत/Copy of the Order forwarded to : 1. अपीलाथ\u0007 / The Appellant 2. \b\tथ\u0007 / The Respondent. 3. संबंिधत आयकर आयु\u0015 / Concerned CIT 4. आयकर आयु\u0015(अपील) / The CIT(A)- 5. िवभागीय \bितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड\u001f फाईल / Guard file. आदेशानुसार/ BY ORDER, True Copy उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation 12.11.2024 2. Date on which the typed draft is placed before the Dictating Member 13.11.2024 3. Other Member…13.11.2024……………… 4. Date on which the approved draft comes to the Sr.P.S./P.S 18.11.2024 5. Date on which the fair order is placed before the Dictating Member for pronouncement 19.11.24 6. Date on which the fair order comes back to the Sr.P.S./P.S….19.11.2024 7. Date on which the file goes to the Bench Clerk …19.11.2024….. 8. Date on which the file goes to the Head Clerk…………………………………... 9. The date on which the file goes to the Assistant Registrar for signature on the order 10. Date of Dispatch of the Order…………………………………… "