Shri Amit K. Patel, Mehsana V. The ACIT, Central Circle-1(1), Ahmedabad

CO 210/AHD/2013

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2297 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 11 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 15-04-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 06-04-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 04-12-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAGDISH
• Keywords: Unexplained investment; Document seized; Tax effect; Documents seized

Judgement Text

I T(SS)A NO . 25 3 /AHD/201 3 & C.O. NO. 21 0 /AHD/201 3 ASSESSMENT YEAR: 200 7 - 08 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD B BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND S S GODARA JM ] I T(SS)A NO. 25 3 /AHD/ 20 1 3 ASSESSMENT YEAR : 200 7 - 08 ASSTT. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE - 1(1), AHMEDABAD. .. .APPELLANT VS. AMIT K. PATEL , .. .. . RESPONDENT 65, SNEHKUNJ SOCIETY, OPP. EYE HOSPITAL, MALGODOWN ROAD, MEHSANA 384 002 . [PAN: A GM PP 0135 D ] C.O. NO. 21 0 /AHD/201 3 ( IN I T(SS)A NO. 25 3 /AHD/201 3) ASSESSMENT YEAR: 200 7 - 08 AMIT K. PATEL, .. .. .... . APPELLANT 65, SNEHKUNJ SOCIETY, OPP. EYE HOSPITAL, MALGODOWN ROAD, MEHSANA 384 002. [PAN: A GMPP 0135 D ] VS. ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(1), AHMEDABAD. .. . RESPONDENT APPEARANCES BY: J AGDISH, FOR THE REVENUE ANIL KSHATRIYA , FOR THE ASSESSEE D ATE OF CONCLUDING THE HEARING : APRIL 6 TH , 201 6 DATE OF PRONOUNCING THE ORDER : APRIL 1 5 TH , 201 6 O R D E R PER PRAMOD KUMAR , AM : I T(SS)A NO . 25 3 /AHD/201 3 & C.O. NO. 21 0 /AHD/201 3 ASSESSMENT YEAR: 200 7 - 08 PAGE 2 OF 3 1. BY WAY OF THIS APPEAL, THE ASSESSING OFF ICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 5 TH APRIL, 201 3 , PASSED BY THE LD. CIT(A), FOR THE ASSESSMENT YEAR 200 7 - 08 , ON THE FOLLOWING GROUNDS : - 1 . T HE LEARNED CIT ( A ) HAS E R RED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.18,87,067/ - MADE ON ACCOUNT OF UNEXPLAINED INVESTMENT IN PURCHASE OF LAND, BECAUSE ON VARIOUS SEIZED DOCUMENTS INCLUDING BANAKHATS/MOU DATED 22.01.2007, 28.03.2007 AND 07.04.2007 RELATING TO THE LAND DEAL, THE SIGNATURE OF THE ASSESSEE APPEARS . 2 . IT IS, THEREFORE, PRA YED THAT THE ORDER OF THE CIT(A) BE SET ASIDE AND THAT OF THE A.O . B E RESTORED TO THE ABOVE 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 CI RCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CONSIDERED VIEW THAT THIS APPEAL 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, THE APPEAL IS DI SMISSED. 4 . IN THE CROSS OBJECTION, THE ASSESSEE HAS RAISED THE FOLLOWING GRIEVANCES: - 1. ON THE FACTS & CIRCUMSTANCES OF THE CASE AND IN LAW, T HE LEARNED C IT(A) HAS ERRED IN UPHOLDING THE JURISDICTION AND VALIDITY OF THE INITIATION OF THE PROCEEDINGS AND THE ASSESSMENT ORDER PASSED U/S.153A/153C, WITHOUT CONSIDERING THE GROUND (AMONGST OTHERS) T HAT WITHOUT HAVING RECORDED THE SATISFACTION BY THE A.O. PRIOR TO THE ISSUANC E OF NOTICE U/S. 153C OF THE ACT, THE INITIATION OF PROCEEDING U/S.153C IS ILLEGAL, UNLAWFUL AND BAD IN LAW. 2. ON THE FACTS & CIRCUMSTANCES OF THE CASE AND IN LAW & THE LD. CIT(A) HAVING H E LD THAT THE ENTIRE CASH FOR ALL THE TRANSACTION OF SALE AS WELL AS THE PURCHASE FOR THIS LAND WAS DONE BY SHRI ANIL G DARJI AND NOT I T(SS)A NO . 25 3 /AHD/201 3 & C.O. NO. 21 0 /AHD/201 3 ASSESSMENT YEAR: 200 7 - 08 PAGE 3 OF 3 BY A NY OTHER PE RSON AND ALSO IN VIEW OF THE CONCURRENT FINDING OF THE FACT RECORDED IN A.Y. 2008 - 09 THAT ENTIRE CASH FOR ALL THE TRANSACTION OF SALE AS WELL AS PURCHASE OF THIS LAND WAS DONE BY ANIL G DARJI AND NOT BY ANY OTHER PERSON. THEREFORE GROUND NO.1 OF THE DEPAR TMENTAL APPEAL DESERVES TO BE DISMISSED/REJECTED. 5. AS 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 . 6 . IN THE RESULT, APPEAL FI LED BY THE REVENUE AND CROSS OBJECTION FILED BY THE ASSESSEE , BOTH ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 15 TH DAY OF APRIL , 2016 . SD/ - SD/ - S S GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) PBN/* DATED: THE 15 TH DAY OF APRIL , 201 6 . 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 AHMEDABA D BENCHES, AHMEDABAD