Shri Ashok Poonamchand Daga, Surat V. The ACIT, Central Circle-2, Surat

CO 185/AHD/2014

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 2894 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 22 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 19-04-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 18-04-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 28-07-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Income from undisclosed sources; Tax effect

Judgement Text

ITA NO. 1814 & CO NO. 1 85 / AHD/201 4 ASSESSMENT YEAR: 20 10 - 11 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S S GODARA JM] ITA NO. 1 814 /AHD/201 4 ASSESSMENT YEAR : 20 10 - 11 ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2, SURAT. .... . .... ..... .. .... . APPELLANT VS. ASHOK P. DAGA, ................... RESPONDENT 5 - B, RATNASHYAM APARTMENT, GHOD DOD ROAD, SURAT 395 001. [PAN: A ERPD 4689 P ] C.O. NO. 1 85 /AHD/2014 ( IN ITA NO. 1 814 /AHD/201 4 ) ASSESSMENT YEAR: 20 10 - 11 ASHOK P. DAGA, .... .... ............... APPELLANT 5 - B, RATNASHYAM APARTMENT, GHOD DOD ROAD, SURAT 395 001. [PAN: A ERPD 4689 P ] VS. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2, SURAT. .. ................... RESPONDENT APPEARANCES BY PRASOON KABRA FOR THE REVENUE NONE FOR THE ASSESSEE HEARING CONCLUDED ON: 18 . 0 4 . 20 1 7 ORDER PRONOUNCED ON : 19 . 0 4 .2017 O R D E R PER PRAMOD KUMAR , AM: 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 2 7 .0 3 . 2 014 , PASSED BY THE L EARNED CIT(A), FOR THE ASSESSMENT YEAR 20 10 - 11 , ON THE FOLLOWING GROUND S : - ITA NO. 1814 & CO NO. 1 85 / AHD/201 4 ASSESSMENT YEAR: 20 10 - 11 PAGE 2 OF 3 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE PENALTY OF RS. 8,04,307/ - IMPOSED U/S 271 AAA OF THE ACT 1961, IGNORING THE FACT THAT THE ASSESSE E HAS NOT SATISFIED THE CONDITIONS LAID DOWN IN SECTION 271AAA(2 ) (II) OF THE ACT. 2. THE LD. CIT(A) HAS NOT APPRECIATED THAT SECTION 271AAA(2) CASTS THE ONUS ON THE ASSESSEE TO ADMIT, SPECIFY AND SUBSTANTIATE THE UNDISCLOSED INCOME AND PAY TAX AND INTER EST THEREON. THE I NCOME TAX ACT DOES NOT CAST THE ONUS ON THE ASSESSING O FFICER TO ESTABLISH THE SOURCE OF UNACCOUNTED INCOME. 3. IT IS , THEREFORE, PRAYED THAT THE ORDER OF THE CIT (A) BE SET - ASIDE AND THAT OF THE ASSESSING O FFICER BE RESTORED TO THE ABO VE EXTENT. 2. WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/ - . IN VIEW OF THIS UNDISPUTED FACT AND IN THE LIGHT OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CONSIDERED VIEW THAT THIS APPE AL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3 . IN THE RESULT, APPEAL IS DISMISSED . 4 . COMING TO THE CROSS OBJECTION FILED BY THE ASSESSEE, A S THE APPEAL ITSELF IS HELD TO BE NON - MAINTAINABLE, THE VERY FOUNDATION OF CROSS OBJECTION CEASES TO HOLD GOOD IN LAW. THE CROSS OBJECTION IS, THEREFORE, ALSO DISMISSED. 5 . IN THE RESULT, APPEAL FILED BY THE REVENUE AND CROSS OBJECTION FILED BY THE ASSESSEE, BOTH ARE DISMISSED. PRONOUNCED IN THE OPEN COUR T TODAY ON THE 19 TH DAY OF APRIL , 2017 . SD/ - SD/ - S S GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: 19 TH APRIL , 201 7 . P BN /* ITA NO. 1814 & CO NO. 1 85 / AHD/201 4 ASSESSMENT YEAR: 20 10 - 11 PAGE 3 OF 3 COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD