Dr. Neela Ramesh Gandhi, Ahmedabad V. The Income Tax Officer, Ward-1(1)(1), Ahmedabad

ITA 1059/AHD/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9332 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-10-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 30-09-2019
• Assessment Year: 2009-2010
• Appeal Filed On: 01-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NK GOEL
• Keywords: Unexplained investment
• Section: 143(3); 147; 148; 54

Judgement Text

- , - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH B BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ITA NO.1059/AHD/2017 / ASSTT.YEAR : 2009-10 DR.NEELA RAMESH GANDHI A-12, SILVER ARC ABHYANKAR HOSPITAL B/H. TOWN HALL MADALPUR UNDERBRIDGE ELLISBRIDGE, AHMEDABAD 380 006. PAN : ABCPG 5172 C VS. ITO, WARD - 1(1)(1) AMBAWADI AHMEDABAD. ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : SHRI SAKAR SHARMA, AR REVENUE BY : SHRI N.K. GOEL, SR.DR / DATE OF HEARING : 30/09/2019 ! / DATE OF PRONOUNCEMENT: 01/10/2019 / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL AGAINST O RDER OF LD.CIT(A)-1, AHMEDABAD DATED 27.02.2017 PASSED FOR THE ASSESSMEN T YEAR 2009-10. 2. ASSESSEE TAKEN THREE GROUNDS OF APPEAL. IN GROU ND NO.1 AND 2, SHE HAS CHALLENGED REOPENING OF THE ASSESSMENT UNDER SE CTION 147 AND IN GROUND NO.3 SHE HAS CONTENDED THAT THE AO HAS ERRED IN WITHDRAWING ASSESSABILITY OF LONG TERM CAPITAL GAIN ARISING ON SALE OF RESIDENTIAL PROPERTY, AND CONSEQUENT DENIAL OF EXEMPTION UNDER SECTION 54 IN RE- ASSESSMENT. ITA NO.1059/AHD/2017 2 3. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE HA S FILED HER RETURN OF INCOME ON 30.7.2009 DECLARING TOTAL INCOME AT RS.3, 11,346/-. THE ASSESSMENT ORDER WAS PASSED UNDER SECTION 143(3) ON 30.11.2011 DETERMINING TOTAL INCOME AT RS.3,68,670/-. THE AO THEREAFTER REOPENED THE ASSESSMENT BY ISSUANCE OF NOTICE UNDER SECTION 148 OF THE ACT. HE RECORDED REASONS. COPY OF THE REASONS IS PLACED ON PAGE NO.54 OF THE PAPER BOOK. THE LD.AO AFTER HEARING THE ASSESSEE A GAIN DETERMINED THE TAXABLE INCOME AT RS.3,68,670/- AS WAS DETERMINED I N THE ASSESSMENT UNDER SECTION 143(3) DATED 30.11.2011. DISSATISFIE D WITH THE CERTAIN OBSERVATIONS AND FINDING, THE ASSESSEE FILED AN APP EAL BEFORE THE LD.CIT (A) WHICH DID NOT BRING ANY RELIEF TO THE ASSESSEE. 4. WITH THE ASSISTANCE OF THE LD.REPRESENTATIVES, W E HAVE GONE THROUGH THE RECORD CAREFULLY. THE BASIC OBJECTION OF THE AO IS SALE OF RESIDENTIAL PREMISES BEARING NO.7, NALANDA SOCIETY, NARANPURA BY THE ASSESSEE TO ADINATH LEASING & FINANCE P.LTD. (ADIN ATH FOR SHORT). SINCE ACCORDING TO THE AO, THERE WAS NO SALE, THERE FORE, NO CAPITAL GAIN AROSE TO THE ASSESSEE, WHICH COULD BE SET OFF AGAIN ST THE PURCHASE OF NEW PROPERTY AT ASHWAMEGH BUNGALOW. HE HAS NOT MADE AN Y ADDITION ON ACCOUNT OF UNEXPLAINED INVESTMENT IN THE NEW PROPER TY. HER INCOME WAS DETERMINED AT RS.3,68,670/-. THUS, THERE IS NO SPE CIFIC GRIEVANCE TO THE ASSESSEE EXCEPT REGARDING OF CERTAIN FINDING/OBSERV ATIONS AGAINST A TRANSACTION WHICH IS AFFECTING THE CASE OF ADINATH , WHOSE APPEAL IS ALSO PENDING IN THE TRIBUNAL BEARING NO.1069/AHD/20 17. CONSIDERING THE ABOVE ASPECTS, IN OUR OPINION, THIS APPEAL HAS NO CAUSE OF ACTION IN SPECIFIC. IT CAN BE DISPOSED OF WITH A REMARK THAT ALL PLEAS WHICH ARE AVAILABLE TO SMT.(DR.) NEELA RAMESH GANDHI AGAINST NON-ACCEPTANCE OF ITA NO.1059/AHD/2017 3 SALE OF RESIDENTIAL PROPERTY AT 7, NALANDA TO ADIN ATH COULD BE AVAILABLE TO THE ASSESSEE, ADINATH IN ITS APPEAL. IN OTHER WORDS, ANY FINDING RECORDED BY THE AO HERE IN THE CASE OF SMT.(DR.) NE ELA RAMESH WOULD NOT BE CONSTRUED AS FINAL WHILE ISSUE IS BEING EXAM INED IN THE CASE OF ADINATH. THIS FINDING WILL NOT CAUSE ANY PREJUDI CE TO THE DEFENCE/ EXPLANATION OF THE ADINATH. BOTH THE ASSESSEES H AVE FILED COMMON PAPER BOOK WHICH IS NOT IN ACCORDANCE WITH RULE. T HEY SHOULD HAVE FILED INDEPENDENT PAPER BOOK. CONSIDERING THE ABOV E FACTS AND CIRCUMSTANCES, WE DISMISS THE APPEAL OF SMT.(DR.) N EELA RAMESH GANDHI SUBJECT TO THE ABOVE OBSERVATION, BECAUSE TH ERE IS NO SPECIFIC CAUSE OF ACTION TO THE ASSESSEE EXCEPT ASSISTING TH E CASE OF ADINATH FOR TREATING TRANSACTION AS GENUINE. REGISTRY IS DIREC TED TO PLACE THE PAPER BOOK FILED IN THE CASE OF ADINATH I.E. ITA NO.106 9/AHD/2017. THUS, THE PRESENT APPEAL OF SMT.(DR.) NEELA RAMESH GANDHI IS DISMISSED. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE COURT ON 1 ST OCTOBER, 2019 AT AHMEDABAD. S D / - (AMARJIT SINGH) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) JUDICIAL MEMBER