Shri Pranay Kantilal Patel, Ahmedabad V. The ACIT.,Cent.Circle-2(1), Ahmedabad

CO 259/AHD/2011

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2023 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 1 month(s) 23 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 02-02-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 28-01-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 09-12-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Unexplained investment; Retrospective amendment; Tax effect

Judgement Text

, D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE S/SHRI KUL BHARAT,JM AND MANISH BORAD, AM ./IT(SS)A.NOS.558-560/AHD/2011 ALONG WITH COS 258-260/AHD/2011 ( / ASSTT YEARS : 2007-08 -2009-10) ACIT, CC-2(1), AHMEDABAD. VS. SHRI PRANAY KANTILAL PATEL, 301/1 PARSHWA OPP. RAJPATH CLUB S.G. ROAD, BODAKDEV, AHMEDABAD. PAN : ACDPP 8720B (APPELLANT) (RESPONDENT) / APPELLANT BY: MR. SANJAY AGRAWAL, CIT,DR / RESPONDENT BY: MR. KARAN SHAH A/W. JWALIN NANAVATI, ARS. / DATE OF HEARING 28/01/2016 /DATE OF PRONOUNCEMENT 02-02-2016 / O R D E R PER MANISH BORAD, ACCOUNTANT MEMBER THE REVENUE IS IN APPEAL BEFORE US AGAINST THE CO NSOLIDATED ORDER OF LD. COMMISSIONER INCOME-TAX (APPEALS)-III, AHMED ABAD DATED 02/08/2011 PASSED FOR THE ASSTT.YEARS 2007-08 200 9-10. 2. THE GRIEVANCE OF THE REVENUE IS AS PER FOLLOWING GROUNDS OF APPEAL FOR ASST. YEAR 2007-08:- IT(SS)A.NO.558 -560/AHD/2011 ALONG WITH CO NOS.258 TO 260/AHD/2011 - 2 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS AND CI RCUMSTANCES OF THE CASE BY DELETING ADDITION OF RS.50,300/- ON ACCOUNT OF LOW HOUSEHOLD WITHDRAWALS. 2. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS AND CI RCUMSTANCES OF THE CASE BY RESTRICTING THE ADDITION TO THE EXTE NT OF RS.3,18,750/- (SHARE OF THE ASSESSEE IN THE LAND) O UT OF TOTAL ADDITION OF RS.17.73 LACS ON ACCOUNT OF UNEXPLAINED INVESTMENT IN LAND U/S 69B OF THE IT ACT. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESS ING OFFICER ON THE ABOVE POINTS. 3. THE GRIEVANCE OF THE REVENUE IS AS PER FOLLOWING GROUNDS OF APPEAL FOR ASST. YEAR 2008-09:- 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS AND CI RCUMSTANCES OF THE CASE BY DELETING ADDITION OF RS.69,485/- OUT OF TOTAL ADDITION OF RS.2,15,000/- ON ACCOUNT OF LOW HOUSEHO LD WITHDRAWALS. 2. THE LD. CIT(A) HAS FURTHER ERRED IN LAW AND ON FACT S AND CIRCUMSTANCES OF THE CASE BY DELETING ADDITION RS.2 .97 LACS ON ACCOUNT OF UNEXPLAINED INVESTMENT IN LAND U/S 69B O F THE IT ACT. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESS ING OFFICER ON THE ABOVE POINTS. 4. THE GRIEVANCE OF THE REVENUE IS AS PER FOLLOWING GROUNDS OF APPEAL FOR ASST. YEAR 2009-10:- IT(SS)A.NO.558 -560/AHD/2011 ALONG WITH CO NOS.258 TO 260/AHD/2011 - 3 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS AND CI RCUMSTANCES OF THE CASE BY DELETING ADDITION OF RS.46,859/- OUT OF TOTAL ADDITION OF RS.2,10,000/- ON ACCOUNT OF LOW HOUSEHO LD WITHDRAWALS. 2. THE LD. CIT(A) HAS FURTHER ERRED IN LAW AND ON FACT S AND CIRCUMSTANCES OF THE CASE BY DELETING ADDITION RS.7 .18 LACS ON ACCOUNT OF UNEXPLAINED INVESTMENT IN LAND U/S 69B O F THE IT ACT. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESS ING OFFICER ON THE ABOVE POINTS. 3. THESE APPEALS WERE PRESENTED ON 17.10.2011. ON 10.12.2015 THE CBDT HAS ISSUED INSTRUCTIONS BEARING NO. 21/2015 PR OHIBITING ITS SUBORDINATE AUTHORITIES FROM FILING OF THE APPEAL T O THE TRIBUNAL AGAINST THE ORDER OF THE CIT(A) WHERE THE TAX EFFECT BY VIR TUE OF THE RELIEF GIVEN BY THE CIT(A) IS LESS THAN RS.10 LAKHS. THE INSTRU CTIONS HAVE BEEN MADE APPLICABLE WITH RETROSPECTIVE EFFECT, MEANING THERE BY, THESE INSTRUCTIONS ARE APPLICABLE ON PENDING APPEALS ALSO. THE TAX EF FECT ON DELETION OF THE TOTAL ADDITION IN EACH ASST. YEAR WOULD BE LESS THA N RS.10 LAKHS. THE PRESENT APPEALS DESERVE TO BE DISMISSED BEING TREAT ED TO BE FILED IN VIOLATION OF CBDT INSTRUCTIONS. THE CASES DO NOT FA LL WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE INSTRUCTIONS. IT IS FURT HER OBSERVED THAT SINCE, WHILE HEARING THE APPEALS, SUCH FACTORS WERE NOT CO NSIDERED, THEREFORE, IN CASE, ON RE-VERIFICATION AT THE END OF THE AO, IT C AME TO THE NOTICE THAT THE TAX EFFECT IS MORE OR IT FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE INSTRUCTION, THEN THE DEPARTMENT WILL BE AT LIB ERTY TO APPROACH THE TRIBUNAL FOR RECALL OF THIS ORDER. SUCH APPLICATIO N SHOULD BE FILED WITHIN IT(SS)A.NO.558 -560/AHD/2011 ALONG WITH CO NOS.258 TO 260/AHD/2011 - 4 FOUR YEARS OF THIS ORDER. IN VIEW OF THE ABOVE, TH E APPEALS OF THE REVENUE ARE DISMISSED. 4. THE CROSS OBJECTIONS OF THE ASSESSEE ARE IN SUPP ORT OF THE ORDER OF LD. CIT(A). SINCE WE HAVE DISMISSED THE APPEALS OF REVENUE, THE C.OS. OF ASSESSEE HAVE BECOME INFRACTUOUS. SO, THE C.OS. ARE ALOO DISMISSED AS INFRACTUOUS. 5. IN THE RESULT, APPEALS OF REVENUE AND THE C.OS. OF THE ASSESSEE ALL ARE DISMISSED. ORDER PRONOUNCED IN THE COURT ON 2 ND FEBRUARY, 2016 AT AHMEDABAD. SD/- SD/- (KUL BHARAT) JUDICIAL MEMBER (MANISH BORAD) ACCOUNTANT MEMBER AHMEDABAD; DATED, 02/02/2016 ! '!/ COPY OF THE ORDER FORWARDED TO : 1. $% / THE APPELLANT 2. &$% / THE RESPONDENT. 3. '(( ) * / CONCERNED CIT 4. ) * ( ) / THE CIT(A)- 5. !-. , ,012 /DR,ITAT, AHMEDABAD, 6. .3 45 / GUARD FILE. ) ' / BY ORDER, ' (0 (ASSTT.REGISTRAR) ITAT, AHMEDABAD IT(SS)A.NO.558 -560/AHD/2011 ALONG WITH CO NOS.258 TO 260/AHD/2011 - 5 1. DATE OF DICTATION .. : 1/2/2016. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER : 1/2/2016 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P.S./P.S 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FO R PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P.S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 2/2/16 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATUR E ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER