Nandkishor H. Birla, V. Income-tax Officer,

ITA 1053/PUN/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 9255 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 9 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2000-2001
• Appeal Filed On: 19-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MUKESH JHA
• Assessee Lawyers: JATIN SHAH
• Keywords: Unexplained investment; Loose papers
• Section: 69

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE . , , BEFORE SHRI D.KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO.1053/PUN/2016 / ASSESSMENT YEAR : 2000-01 SHRI NANDKISHOR H. BIRLA, 160, SHIVAJINAGAR, PUNE 411 006 PAN :ABBPB6830F . /APPELLANT VS. ITO (OSD), PUNE . / RESPONDENT / APPELLANT BY : SHRI JATIN SHAH / RESPONDENT BY : SHRI MUKESH JHA, JCIT / DATE OF HEARING : 27.02.2018 / DATE OF PRONOUNCEMENT: 27.02.2018 / ORDER PER D. KARUNAKARA RAO, AM : THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF CIT(A)-3, PUNE, DATED 16-02-2016 FOR THE ASSESSMENT YEAR 2000-01. 2. RELEVANT FACTS OF THE CASE ARE THAT THE ASSESSEE IS AN INDIVIDUAL. ASSESSEE FILED THE RETURN OF INCOME ON 31-10-2000 DECLARING TOTAL INCOME OF RS.1,84,680/-. THERE WAS SEARCH OPERATION U/S.132 OF THE ACT IN TH E CASE OF SHRIRAM H. SONI WHEREIN CERTAIN INCRIMINATING MATERIAL/LOOSE PAPERS PERTAINING TO THE ASSESSEE WERE SEIZED ALLEGING THAT ASSESSEE INVESTED RS.34 LAKHS IN MONEY LENDING AND THE SAME ARE UNACCOUNTED. EVENTUALLY, THE AO ADDED RS.34 LA KHS TO THE TOTAL INCOME OF THE ASSESSEE INVOKING THE PROVISIONS OF SECTION 69 OF T HE ACT AS UNEXPLAINED INVESTMENT. AO ALSO INITIATED PENALTY PROCEEDINGS U /S.271(1)(C) OF THE ACT. CIT(A) VIDE HIS ORDER DATED 26-10-2010 CONFIRMED THE ADDIT ION MADE BY THE AO. FURTHER, 2 IT IS OBSERVED THAT ASSESSEE HAVING AGGRIEVED WITH THE ORDER OF CIT(A) FILED AN APPEAL BEFORE THE TRIBUNAL IN ITA NO.53/PUN/2011. THE TRIBUNAL VIDE ORDER DATED 30-06-2017 DELETED THE QUANTUM ADDITION MADE BY THE AO. 3. AT THE OUTSET, BEFORE US, LD. COUNSEL FOR THE AS SESSEE SUBMITTED THAT THE SINCE THE QUANTUM ADDITION HAS BEEN DELETED BY THE TRIBUNAL, THE PRESENT APPEAL FILED BY THE ASSESSEE DOES NOT SURVIVE AND THEREFO RE, IT BECOMES INFRUCTUOUS APPEAL. 4. AFTER HEARING BOTH THE SIDES AND ON PERUSING THE FACTS NARRATED ABOVE, WE FIND THE ASSESSEE HAS NO GRIEVANCE OWING TO DELETIO N OF QUANTUM ADDITION BY THE TRIBUNAL VIDE ORDER DATED 30-06-2017. THEREFORE, THE PRESENT APPEAL FILED BY THE ASSESSEE IN CONNECTION WITH THE PENALTY LEVIED U/S .271(1)(C) OF THE ACT ON THE SAID UNFRUCTIFIED QUANTUM ADDITION U/S.69 OF THE ACT, DO ES NOT SURVIVE. THUS, THE GROUNDS RAISED BY THE ASSESSEE BECOME INFRUCTUOUS A ND THEREFORE DISMISSED AS SUCH. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 27 TH DAY OF FEBRUARY, 2018. SD/- SD/- (VIKAS AWASTHY) (D. KARUNAKARA RAO) /JUDICIAL MEMBER / ACCOUNTANT MEMBER PUNE; DATED : 27 TH FEBRUARY, 2018 / COPY OF THE ORDER FORWARDED TO : / BY ORDER, //TRUE COPY// SENIOR PRIVATE SECRE TARY , / ITAT, PUNE 1. / THE APPELLANT 2. / THE RESPONDENT 3. THE CIT(A)-3, PUNE 4. CIT-3, PUNE 5. , , B BENCH PUNE; 6. / GUARD FILE.