ITO, Ward-2(1), Udaipur V. Shri Akash Jain , Udaipur

ITA 120/JODH/2020

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9718 (ITAT-JODHPUR)
• Duration Of Justice: 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 10-08-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A S YADAV LD
• Assessee Lawyers: YOGESH POKHARNA LD
• Section: 143(3); 2(22)(e)

Judgement Text

1 ITA NO.120/JODH/2020 SH. AKASH JAIN ASSESSMENT YEAR: 2013-14 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR , , BEFORE HONBLE SHRI SANDEEP GOSAIN, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.120/JODH/2020 ( / ASSESSMENT YEAR: 2013-14) I TO - WARD - 2 (1) AAYKAR BHAWAN, 2 ND FLOOR SUB CITY CENTRE, NEAR RETI STAND UDAIPUR, RAJASTHAN-313 001. / VS. SHRI AKASH JAIN 169, O ROAD BHOPALPURA, UDAIPUR RAJASTHAN-313 001. ./ ./PAN/GIR NO. ACUPJ-0835-C ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : SHRI YOGESH POKHARNA- LD. AR REVENUE BY : SHRI A.S. YADAV - LD. SR. DR / DATE OF HEARING : 04/11/2020 / DATE OF PRONOUNCEMENT : 21/12/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER): - 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR [IN SHORT REFERRED TO AS AY] 2013-14 CONTEST THE ORDER OF L D. COMMISSIONER OF INCOME-TAX(APPEALS)-1, UDAIPUR, [IN SHORT REFERR ED TO AS CIT(A)], APPEAL NO.33/IT/UDR/2016-17 DATED 18/06/2020 WHICH 2 ITA NO.120/JODH/2020 SH. AKASH JAIN ASSESSMENT YEAR: 2013-14 HAS DELETED ADDITION OF RS.180 LACS U/S 2(22)(E) AS MADE BY LD.AO WHILE FRAMING ASSESSMENT U/S 143(3) ON 14/03/2016. 2. THE ADDITION STEM FROM THE FACT THAT THE ASSESSE E RECEIVED IMPUGNED ADVANCES OF RS.180 LACS FROM AN ENTITY NAM ELY M/S SUBH LAXMI BUILDCON PRIVATE LIMITED DURING THE YEAR . THE ASSESSEE WAS A DIRECTOR IN THAT ENTITY AND HELD SUBSTANTIAL INTEREST OF MORE THAN 10% IN THE SAID ENTITY. THE LD. AO, INVOKING T HE PROVISIONS OF SEC.2(22)(E) AS DONE IN AY 2009-10, ADDED THE SAME TO THE INCOME OF THE ASSESSEE. 3. UPON FURTHER APPEAL, LD. CIT(A), FOLLOWING TRIBU NAL ORDER IN ASSESSEES OWN CASE FOR AY 2009-10, ITA NO.423/JODH /2014 DATED 08/10/2015, HELD THAT THE PAYMENTS IN QUESTION WERE NORMAL BUSINESS TRANSACTIONS AND THEREFORE, THE SAME WERE NOT HIT BY THE PROVISIONS OF SEC. 2(22)(E). THE OPERATIVE PORTION OF THE TRIBUNAL ORDER HAS ALREADY BEEN EXTRACTED IN THE IMPUGNED OR DER. FOLLOWING THE ORDER FOR AY 2009-10, SIMILAR VIEW WAS TAKEN BY COORDINATE BENCH OF TRIBUNAL IN AYS 2010-11 & 2012-13. THEREFO RE, THE ADDITIONS WERE DELETED, AGAINST WHICH THE REVENUE I S IN FURTHER APPEAL BEFORE US. 4. IT IS ADMITTED POSITION THAT THE ISSUE STOOD SQU ARELY COVERED IN ASSESSEES FAVOR BY THE DECISION OF TRIBUNAL FOR AY 2009-10. THE LD. AO HAS SUBSTANTIALLY RELIED UPON ASSESSMENT ORD ER FINDING FOR AY 2009-10. THE DECISION FOR AY 2009-10 HAS SUBSEQU ENTLY BEEN FOLLOWED BY THE TRIBUNAL IN AYS 2010-11 & 2012-13. THERE IS NOTHING ON RECORD THAT THOSE DECISIONS HAVE SUBSEQU ENTLY BEEN REVERSED, IN ANY MANNER. NO DISTINGUISHING FEATURES IN THE FACTS 3 ITA NO.120/JODH/2020 SH. AKASH JAIN ASSESSMENT YEAR: 2013-14 HAVE BEEN POINTED OUT. THEREFORE, NO FAULT COULD BE FIND IN THE APPROACH OF LD. CIT(A) IN DELETING THE ADDITION. 5. RESULTANTLY, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED U/R 34(4) OF INCOME TAX (APPELLATE TRIBUNAL) RULES, 1963. SD/- SD/- (SANDEEP GOSAIN) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 21/12/2020 SR.PS:-JAISY VARGHESE ! / COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT 2. #$' / THE RESPONDENT 3. % ( ) / THE CIT(A) 4. % / CIT CONCERNED 5. &'#( ) , ) , ) / DR, ITAT, JODHPUR 6. '+,-! / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, JODHPUR.