Shri Ravjibhai Nagjibhai Thesia, Surat V. The Income tax Officer,Ward-9(3), Surat

ITA 1235/AHD/2013

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8882 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 10 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 20-03-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 02-05-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ROOP CHAND
• Assessee Lawyers: M K PATEL
• Section: 148

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NO.1235/AHD/2013 ( / ASSESSMENT YEAR : 2007-08) RAVJIBHAI NAGJIBHAI THESIA, A-44, SAIFEE SOCIETY, L.H. ROAD, SURAT. / VS. THE INCOME-TAX OFFICER, WARD-9(3), SURAT. ./ ./ PAN/GIR NO. : ACSPT 8965 F ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI M. K. PATEL, AR / RESPONDENT BY : SHRI ROOPCHAND ADDL. CIT(DR) / DATE OF HEARING 20/03/2017 !'# / DATE OF PRONOUNCEMENT 20/03/2017 $% / O R D E R PER SHRI MAHAVIR PRASAD, JUDICIAL MEMBER : THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE/A PPELLANT IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF I NCOME TAX(APPEALS)- V, SURAT, DATED 13/03/2013 FOR THE ASSESSMENT YEA R (AY) 2007-08 AND FOLLOWING GROUNDS OF APPEAL HAVE BEEN TAKEN BY APPE LLANT: (I). ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AS WELL AS LAW ON THE SUBJECT, THE LEARNED COMMISSIONER OF THE INC OME TAX (APPEALS) HAS ERRED IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER IN ISSUING NOTICE U/S. 148 OF THE ACT AND R EOPENING THE ASSESSMENT. ITA NO.1235/AHD /2013 RAVJIBHAI NAGJIBHAI THESIA VS. ITO ASST.YEAR 2007-08 - 2 - (II). ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AS WELL AS LAW ON THE SUBJECT, THE LEARNED COMMISSIONER OF THE INC OME-TAX (APPEALS) HAS ERRED IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER IN MAKING ADDITION OF RS. 24,53,920/- ON AC COUNT OF ADDITIONAL STAMP DUTY PAID ON PURCHASE OF PROPERTY. 2. THE RELEVANT FACTS AS CULLED OUT FROM THE MATERI ALS ON RECORD ARE AS UNDER:- IN THIS CASE, INFORMATION FROM JOINT SUB REGISTRAR , SURAT CITY-1. (ATHWA), THAT ASSESSEE PAID ADDITIONAL STAMP DUTY O F RS. 24,53,920/- FOR DOCUMENTS NO. 1276 DATED 31/01/2005 VIDE RECEIPT NO . 6121 DATED 28/03/2007. THE ASSESSEE HAS PAID ADDITIONAL STAMP DUTY OF RS. 24,53,920/-, WHICH IS OVER AND ABOVE THE STAMP DUTY PAID ON THE PURCHASE OF THE PROPERTY. THE ADDITIONAL STAMP DUTY PAID IND ICATES THAT THE INVESTMENT IN THE PROPERTY IS FAR BELOW THE JANTRY VALUE. THEREFORE, THERE IS PROPERTY BY THE ASSESSEE, TO THE TUNE OF T HE VALUATION AS DONE BY THE STAMP DUTY AUTHORITIES. 3. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, HAS NOT OBJECTED OR DENIED THE PAYMENT OF ADDITIONAL STAMP DUTY OF RS. 24,53,920/-. THEREFORE, IT WAS BELIEVE THAT ASSESSEE HAS NO OBJE CTION TO THE ADDITIONAL STAMP DUTY OF RS.24,53,920/- AS THE ADDITIONAL INCO ME AND ADDED BACK TO THE TOTAL INCOME. THEREFORE, AN ADDITION OF RS. 24, 53,920/- WAS MADE. 4. AGAINST THE SAID ORDER ASSESSEE PREFERRED FIRST STATUTORY APPEAL BEFORE THE LEARNED CIT(A), WHO DISMISSED THE APPEAL OF THE ASSESSEE. ITA NO.1235/AHD /2013 RAVJIBHAI NAGJIBHAI THESIA VS. ITO ASST.YEAR 2007-08 - 3 - 5. GROUND NO.1 IS NOT PRESSED BY THE LEARNED AR. 6. ON THE PERUSAL OF THE SALE DEED DTD. 18/05/2007 AND THE LETTER FILED BY THE APPELLANT BEFORE THE ASSESSING OFFICER ON 21 /10/2011 IT IS CLEAR AND EVIDENT THAT THE APPELLANT IS THE PURCHASER AND HAS PAID ADDITIONAL STAMP DUTY OF RS. 24,53,920/-. 7. IT IS PROVED THAT THE APPELLANT HAS PAID RS. 24, 53,920/- AS STAMP DUTY WHICH HAS NOT BEEN DISCLOSED IN THE TAX RETURN S. THE CONTENTION OF THE APPELLANT WAS FOUND TO BE FACTUALLY INCORRECT A ND THEREFORE WE ARE NOT INCLINE TO INTERFERE IN THE ORDER PASSED BY THE LEA RNED CIT(A). 8. IN THE RESULT, APPEAL FILED BY THE ASSESSEE/APPE LLANT IS DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 20 / 0 3 /201 7 SD/- SD/- (PRADIP KUMAR KEDIA) (MAHAVIR PRAS AD) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 20/03/2017 PRITI YADAV, SR. PS ITA NO.1235/AHD /2013 RAVJIBHAI NAGJIBHAI THESIA VS. ITO ASST.YEAR 2007-08 - 4 - !'# $#! / CO PY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / CONCERNED CIT 4. ) () / THE CIT(A)-V, SURAT. 5. ,-. //'( , '(# , 12$&$ / DR, ITAT, AHMEDABAD 6. .34 5 / GUARD FILE. % & / BY ORDER, , / //TRUE COPY// '/& () ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD TRUE COPY 1. DATE OF DICTATION 20/03/2017 (DICTATION-PAD 2 PA GES ATTACHED AT THE END OF THIS APPEAL-FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 20/03/2017 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S 20/03/2017 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 20/03/2017 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DISPATCH OF THE ORDER