Swapnil Dattatraya Valvi, Kolhapur V. Income-tax Officer, Ward - 2 (2), Kolhapur

ITA 1139/PUN/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7008 (ITAT-PUNE)
• Duration Of Justice: 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 05-02-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 25-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ELSY MATHEW ACIT
• Keywords: Competent authority; Set aside
• Section: 201; 48; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL , VICE PRESIDENT . / ITA NO. 1 1 39 /PUN/20 1 9 / ASSESSMENT YEA R : 20 11 - 12 SHRI SWAPNIL DATTATRAYA VALVI D - 5, AYODHYA TOWER, NEAR S.T. STAND, NEW SHAHUPURI, KOLHAPUR 416001 PAN: AKIPV3417C .... / APPELLANT / V/S. THE INCOME TAX OFFICER WARD 2(2), KOLHAPUR / RESPONDENT . / ITA NO. 1140 /PUN/20 19 / ASSESSMENT YEA R : 2011 - 12 SHRI SONAL DATTATRAYA VALVI D - 5, AYODHYA TOWER, NEAR S.T. STAND, NEW SHAHUPURI, KOLHAPUR 416001 PAN: ALDPV1049E .... / APPELLANT / V/S. THE INCOME TAX OFFICER WARD 2(2), KOLHAPUR / RESPONDENT 2 ITA NO S . 1 1 39 & 1 140 /PUN/20 1 9 A.Y. 2011 - 12 A SSESSEE BY : SHRI M.K. KULKARNI REVENUE BY : SMT. ELSY MATHEW, ACIT / DATE OF HEARING : 05 . 0 2 .20 20 / DATE OF PRONOUNCEMENT : 0 6 .0 2 .2020 / ORDER PER R.S. SYAL, VP : THESE TWO APPEALS BY DIFFERENT BUT CONNECTED ASSESSEE S RELATE TO THE ASSESSMENT YEAR 201 1 - 1 2 . SINCE THE FACTS/ GROUNDS ARE COMMON IN THESE APPEALS, I AM, THEREFORE, PROCEEDING TO DISPOSE THEM OFF BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE. 2 . BRIEFLY STATED , THE FACTS IN THE CASE OF SHRI SONAL DATTATRAYA VALVI ARE THAT HE FURNISHED A RETURN DECLARING , INTER - ALIA, AGRICULTURAL INCOME OF RS.20,0 8 , 947 / - . FOR THE REASONS GIVEN IN THE ASSESSMENT ORDER, THE ASSESSING OFFICER DID NOT ACCEPT THE GENUINENESS OF THE CLAIM OF AGRICULTURAL INCOME AMOUNTING TO RS.13, 8 4, 48 6/ - , BEING A SUM OF RS.9,04,922/ - AND ANOTHER SUM OF RS.4,79,564/ - . THE LD. CIT(A) ACCEPTED THE CLAIM OF ASSESSEE QUA THE SUM OF RS.9,04,922/ - AND SUSTAINED THE ADDITION OF RS.4,79,564/ - . THE ASSESSEE IS AGGRIEVED BY THE SUSTENANC E OF THE ADDITION. 3. I HAVE HEARD BOTH THE PARTIES AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. NO MATERIAL HAS BEEN BROUGHT ON RECORD BY THE LD DR TO DEMONSTRATE THAT THE RELIEF ALLOWED BY LD. CIT(A) HAS BEEN CHALLENGED BY THE REVENUE IN THE S ECOND APPEAL. IN SO FAR AS THE GRIEVANCE OF THE ASSESSEE IN RELATION TO THE CONFIRMATION OF THE ADDITION AMOUNTING TO RS.4,79,564/ - IS CONCERNED, IT IS SEEN THAT THE 3 ITA NO S . 1 1 39 & 1 140 /PUN/20 1 9 A.Y. 2011 - 12 ASSESSEE CLAIMED TO HAVE EARNED THIS MUCH AGRICULTURAL INCOME FROM SALE OF ONIONS. THE LD. CIT(A) SUSTAINED THE ADDITION BECAUSE THE ASSESSEE COULD NOT PLACE ON RECORD ENOUGH EVIDENCE TO SUB STANTIATE THE EARNING OF INCOME, M ORE SPECIFICALLY, THERE WAS NO EVIDENCE OF HAVING TRANSPORTED SO MUCH OF ONIONS. THE LD. AR SUBMITTE D THAT 7/12 EXTRAC TS AMPLY SHOW GROWING OF ONIONS. IT WAS , THEREFORE, CANDIDLY SUBMITTED THAT A DIRECTION MAY BE GIVEN TO ALLOW THE CLAIM OF AGRICULTURAL INCOME AS PER THE STANDARD YIELD DETERMINED BY THE COMPETENT AUTHORITY AT THE RELEVANT TIME . THE LD. DR DID NOT RAISE ANY SERIOUS OBJECTION TO THE SAME. IN VIEW OF THE ABOVE SAID FACTUAL PANORAMA, I OF THE CONSIDERED OPINION THAT IT W ILL BE JUST AND FAIR IF THE IMPUGNED ORDER IS SET ASIDE AND THE MATTER IS RESTORE D TO THE AO. I ORDER ACCORDINGLY AND DIRECT HIM TO FIND O UT THE STANDARD YIELD OF ONION AT THE RELEVANT POINT OF TIME . B Y CONSIDERING THE LANDHOLDING OF THE ASSESSEE VIS - - VIS THE STANDARD YIELD, THE EXTENT OF AGRICULTURAL INCOME FROM ONION BE ACCEPTED AFTER DEDUCTION OF EXPENSES IN THIS REGARD . 4. THE ONLY ISSUE INVOLVED IN THE APPEAL OF SHRI SWAPNIL DATTATRAYA VALVI IS ASSAIL TO T HE CONFIRMATION OF ADDITION OF RS . 4,79,564/ - ON THE SAME FACTS AND CIRCUMSTANCES AS ARE OBTAINING IN THE CASE OF SHRI SONAL DATTATRAYA VALVI. BOTH THE SIDES FAIRLY ADMITTED T HAT THE FACTS AND CIRCUMSTANCES OF THIS APPEAL ARE MUTATIS MUTANDIS SIMILAR TO THOSE IN THE OTHER APPEAL. IN VIEW OF MY DECISION IN THE FOREGOING PARAS IN THE APPEAL OF SHRI SONAL DATTATRAYA VALVI, I SET ASIDE THE IMPUGNED ORDER AND REMIT THE ISSUE TO THE FILE OF THE AO 4 ITA NO S . 1 1 39 & 1 140 /PUN/20 1 9 A.Y. 2011 - 12 FOR DECIDING I T ACCORDINGLY. NEEDLESS TO SAY, THE ASSESSEE WILL BE ALLOWED AN OPPORTUNITY OF HEARING IN THE FRESH PROCEEDINGS. 5 . IN THE RESULT, BOTH THE APPEAL S ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRO NOUNCED ON 6 TH DAY OF FEBR UARY , 20 20 . SD/ - R.S. SYAL /VICE - PRESIDENT / PUNE; / DATED : 6 TH FEBR UARY , 20 20 . GCVSR / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT 3. THE CIT (APPEALS) - 2 , KOLHAPUR . 4. THE PR. CIT - 2 , KOLHAPUR . 5. , , - , / DR, ITAT, SMC BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / SR. PRIVATE SECRETARY , / ITAT, PUNE 5 ITA NO S . 1 1 39 & 1 140 /PUN/20 1 9 A.Y. 2011 - 12 * DATE 1 DRAFT DICTATED ON 0 6 . 0 2 .20 20 SR. PS/PS 2 DRAFT PLACED BEFORE AUTHOR 0 6 . 0 2 .20 20 SR. PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR. PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR. PS/PS 7 DATE OF UPLOADING OF ORDER SR. PS/PS 8 FILE SENT TO BENCH CLERK SR. PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER