DEVANAND ROOPCHAND THALE, BHIWANDI V. ITO WD 1(1), KALYAN

ITA 1239/MUM/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0643 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-05-2017
• Appeal Filed By: Assessee
• Bench Allotted: H
• Next Hearing Date: 01-03-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 03-03-2015
• Court: TRIBUNAL
• Department Lawyers: POOJA SWAROOP

Judgement Text

' IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H , MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR , ACCOUNTANT MEMBER ITA NO. 1 2 39 /MUM/201 5 , (A.Y : 20 10 - 11 ) M/S DEVANAND ROOPCHAND THALE GALA NO.B - 10, THALE COMPOUND OPP.DURGESH SAJ, KASHELI BHIWANDI - 421302 PAN : ADCPT5660J VS. ITO WARD 1(1) KALYAN ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : NONE / RE SPONDENT BY : MS.POOJA SWAROOP / DATE OF HEARING : 1 . 3 . 2017 / DATE OF PRONOUNCEMENT : 12 . 5 . 2017 / O R D E R P ER C.N.PRASAD (JM) THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD.CIT(APPEALS) - II , THANE DATED 2 . 1 .201 5 FOR THE ASSESSMENT YEAR 2010 - 11. 2. THE ASSESSEE IN I T S APPEAL CHALLENGED THE ORDER OF THE LD.CIT (APPEALS) IN SUSTAINING THE IMPUGNED ADDITION TREATING THE GAIN ON SALE OF AGRICULTURAL LAND AS SHORT TERM CAPITAL GAIN AND SUSTAINING THE ADDITION TOWARDS UNPROVED SUNDRY CREDITORS. 2 ITA NO. 1239 /MUM/201 5 (A.Y.20 10 - 11 ) M/S DEVANAND ROOPCHAND THALE 3. INSPITE OF ISSUE OF NOTICE, NONE APPEARED ON BEHALF OF THE ASSESS EE NOR ANY ADJOURNMENT PETITION IS MOVED. THEREFORE WE HEAR THE LD. DR AND DISPOSE OFF THE APPEAL ON MERITS. 4. THE LD. DR SUBMITS THAT THE ASSESSING OFFICER WHILE COMPLETING THE ASSESSMENT REQUIRED THE ASSESSEE TO PROVE THAT THE LAND SOLD BY THE ASSESSEE IS AGRICULTURAL LAND. THE ASSESSEE BEF ORE THE ASSESSING OFFICER PRODUCED A CERTIFICATE FROM THE GRAM PANCHAYAT KALHER STATING THAT THE LAND IS SITUATED 8 KM FROM BOUNDARY OF BHIWANDI NIZAMPURA CITY MUNICIPAL CORPORATION AND POPULATION OF THE SAID KALHER GAON IS NOT MORE THAN 10000. THE LD. DR SUBMITS THAT TO VERIFY THE CORRECTNESS OF THE SUBMISSION, ASSESSING OFFICER ISSUED LETTER TO THE OFFICER - IN - CHARGE, TOWN PLANNING DEPARTMENT, BHIWANDI AND IN REPLY, THE TOWN PLANNING DEPARTMENT BHIWANDI ISSU ED A LETTER STATING THAT THE LAND IN QUESTION IS WITHIN THE 8 KM OF LOCAL LIMITS OF MUNICIPAL CORPORATION. THEREFORE, THE ASSESSING OFFICER TREATED THAT THE LAND IN QUESTION SOLD BY THE ASSESSEE IS NOT AGRICULTURAL LAND AND COMPUTED THE SHORT TERM CAPITAL GAIN ON SUCH SALE WHICH THE LD.CIT(APPEALS) SUSTAINED. 5. NONE APPEARED BEFORE US AND THE FINDINGS OF THE LOWER AUTHORITIES HAVE NOT BEEN CONTROVERTED BY SUBMITTING EVIDENCES. IN THESE CIRCUMSTANCES, THE DECISIONS TAKEN BY THE LOWER AUTHORITIES ARE CO NFIRMED. 6 . IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED . 3 ITA NO. 1239 /MUM/201 5 (A.Y.20 10 - 11 ) M/S DEVANAND ROOPCHAND THALE ORDER PRONOUNCED IN THE OPEN COURT ON THE 12 TH DAY OF MAY 2017 . SD/ - SD/ - ( RAMIT KOCHAR ) ( C.N.PRASAD ) / / ACCOUNTANT MEMBER JUDICIAL MEMBER / MUMBAI; / DATED 12 .0 5 . 2017 LR, SPS / COPY OF THE ORDER FORWARDED TO : / BY ORDER, (ASSTT. REGISTRAR) , / ITAT, MUM 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. // TRUE COPY / /