Ashok Amrutlal Bhayani, Nashik V. Asstt.CIT,Cen.Cir.-1, Nashik,

ITA 1037/PUN/2003

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3094 (ITAT-PUNE)
• Duration Of Justice: 7 year(s) 3 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2010
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 04-09-2003
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: A S SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI SHAILENDRAKUMAR YADAV AND SHRI D. KARUNAKARA RAO ITA NO. 1037/PN/03 (BLOCK PERIOD 01-04-1990 TO 11-0 8-2000) SHRI ASHOK AMRUTLAL BHAYANI FLAT NO. 1, BUILDING NO. 5, RAMRAJYA SOCIETY, SAMARTH NAGAR, NASHIK .... APPELLANT VS. ACIT, CENTRAL CIRCLE 1, NASHIK . RESPONDENT APPELLANT BY : SHRI NIKHIL PATHAK RESPONDENT BY : SHRI A. S. SINGH ORDER PER D. KARUNAKARA RAO AM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A)-I, NAGPUR DATED 18-07-2003 FOR THE BLOCK PERIOD 01-04-19 90 TO 11-08-2000. 2. DURING THE PROCEEDINGS BEFORE US LD. COUNSEL FOR THE ASSESSEE MENTIONED THAT THE GROUNDS IN THE APPEAL RELATES BROADLY TO A CO UPLE OF ISSUES:- I) TAXABILITY OF THE INCOME OF RS. 25,750/- AS UNDI SCLOSED INCOME OF THE ASSESSEE FOR THE BLOCK PERIOD, WHEN SUCH INCOME IS ALREADY SUBJECT TO PAYMENT OF ADVANCE TAX OF RS. 8,00/- WHICH WAS PAID PRIOR TO THE OCCURRENCE OF SEARCH ACTION. 3. IN THIS REGARD, LD. COUNSEL MENTIONED THAT THE IS SUE IS COVERED IN FAVOUR OF ASSESSEE PARTLY BY THE ORDER OF THIS TRIBUNAL IN THE CASE OF SMT. LALITABEN K. THAKKAR, NASHIK (ITA NO. 1152/PN/2003) DATED 31-05-2 007 FROM THIS BENCH. HE MENTIONED THAT THE SAID ORDER IS RELIED UPON FOR THE PRO POSITION THAT THE INCOME, IN RESPECT OF WHICH THE ADVANCE TAX WAS ALREADY PAID , CANNOT BE SAID TO BE THE UNDISCLOSED INCOME OF THE ASSESSEE. IN VIEW OF THE BOMBAY BENCH TRIBUNAL IN THE CASE OF NIRANJAN N. THAKUR 94 TTJ 253 AND MANY OT HER HIGH COURT DECISIONS MENTIONED IN PARA 6 OF THE SAID ORDER OF THE TRIBUNAL W ERE RELIED UPON BY THE ITA NO. 1037/PN/03 BLOCK PERIOD 01-04-1990 TO 11-08-2000 PAGE 2 OF 2 TRIBUNAL. WE HAVE HEARD THE PARTIES AND PERUSED THE SAI D JUDGMENTS /ORDERS. WE ARE OF THE OPINION THAT THE TOTAL INCOME, RELATABLE T O THE ADVANCE TAX PAYMENT OF RS. 800/-, CANNOT BE HELD AS UNDISCLOSED INCOME OF THE ASESSSEE FOR THE BLOCK PERIOD. THIS IS TO CLARIFY THAT REST OF THE AMOUNT REMA INS AN UNDISCLOSED INCOME AND THE SAME STANDS CONFIRMED. A.O IS REQUIRED TO DO NECESSARY COMPUTATION IN THIS REGARD AFTER HEARING THE ASSESSEE. ASSESSEE IS DIRE CTED TO FILED REQUEST ORDERS OF THE TRIBUNAL TO SUPPORT THE CONTENTIONS. ACCO RDINGLY, GROUND NO. 1 TO 3 ARE PARTLY ALLOWED. 4. REGARDING THE SURCHARGE LEVIABLE U/S. 113 OF THE I NCOME TAX ACT, LD. COUNSEL MENTIONED THAT THE ISSUE IS NOW COVERED IN F AVOUR OF THE REVENUE BY SUPREME COURT JUDGEMENT IN THE CASE OF S.N. GUPTA REPO RTED IN 297 ITR 322 (SC). IN VIEW OF THE SETTLED NATURE OF THE ISSUE, TH E GROUND NO. 4 IS DISMISSED. 5. IN THE RESULT APPEAL OF THE ASSESSEE IS PARTLY ALLOWED . ORDER PRONOUNCED ON 21 ST DECEMBER, 2010. SD/- SD/- (SHAILENDRAKUMAR YADAV) (D.KARUNAKAR A RAO) JUDICIAL MEMBER ACCOUNTANT MEMBE R PUNE DATED THE 21 ST DECEMBER, 2010 R COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE 2. ACIT, CENTRAL CIRCLE 1, NASHIK 3. CIT(A)-I, NAGPUR 4. CIT(CENTRAL), NAGPUR 5. D.R. ITAT B BENCH BY ORDER ASSISTANT REGISTRAR I.T.A.T PUNE