BANWARI LAL MEENA, Jaipur V. ITO, Jaipur

ITA 108/JPR/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 5038 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 11-02-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJ MEHRA JCIT DHK
• Keywords: Capital asset

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH HKKXPUN] YS[KK LNL; ,OA JH DQY HKKJR] U;KF;D LNL; DS LE{K BEFORE: SHRI BHAGCHAND, AM AND SHRI KUL BHARAT, JM VK;DJ VIHY LA-@ ITA NO.108/JP/2014 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2008-09. SHRI BHANWAR LAL MEENA, NEAR JAIN MANDIR, I, PURANA GHAT, KHANIYA, AGRA ROAD, JAIPUR. CUKE VS. THE INCOME TAX OFFICER, WARD 1(4), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. ACCPM 0447 P VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : NONE (DATE NOTED) JKTLO DH VKSJ LS@ REVENUE BY : SHRI RAJ MEHRA (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 30.09.2016. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 30/09/2016. VKNS'K@ ORDER PER SHRI KUL BHARAT, JM. THE APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT(APPEALS)-I, JAIPUR DATED 13.12.2013 PERTAINING TO ASSESSMENT YE AR 2008-09. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL :- 1. THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-I HAS ERRED IN LAW IN UPHOLDING THE ACTION OF THE AO IN TREATING THE LAND SOLD BY THE ASSESSEE AS A CAPITAL ASSET. 2. THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-I HAS ERRED IN LAW IN CONFIRMING THE ADDITION MADE BY TAKING THE SALE CON SIDERATION OF THE LAND AT RS. 80,87,500/- AS AGAINST ACTUAL SALE CONSIDERATION OF RS. 36,90,000/- FOR WORKING OUT TAXABLE CAPITAL GAI N. 3. THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-I HAS ERRED IN LAW IN CONFIRMING THE ASSESSMENT OF THE CAPITAL GAIN ON TR ANSFER OF LAND IN 2 ITA NO. 108/JP/2014 SHRI BHANWAR LAL MEENA, JAIPUR. AY 2008-09 WHEREAS THE LAND HAD ALREADY BEEN TRANSF ERRED IN THE PREVIOUS YEAR RELEVANT TO THE AY 2007-08. 2. AT THE TIME OF HEARING, NO ONE APPEARED ON BEHAL F OF THE ASSESSEE NOR ANY APPLICATION FOR ADJOURNMENT IS SUBMITTED. THE DATE OF HEARING WAS NOTED BY THE LD. COUNSEL FOR THE ASSESSEE BUT HE HAS NOT TURNED UP O N THE DATE OF HEARING. THEREFORE, IT IS PRESUMED THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING ITS APPEAL. RESPECTFULLY FOLLOWING THE JUDGEMENTS OF HONBLE DE LHI HIGH COURT IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD., 38 ITD 320 (DEL.) AND HON BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 ITR 480 (MP), WE DISMISS THE APPEAL OF THE ASSESSEE FOR WANT OF PROSECUTION. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 30.09. 2016. SD/- SD/- ( HKKXPUN ( DQY HKKJR ) ( BHAGCHAND) ( KUL BHARAT ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 30/09/2016. DAS/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- SHRI BHANWAR LAL MEENA, JAIPUR. 2. THE RESPONDENT THE ITO WARD 1(4), JAIPUR. 3. THE CIT(A). 4. THE CIT, 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 108/JP/2014) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR 3 ITA NO. 108/JP/2014 SHRI BHANWAR LAL MEENA, JAIPUR.