Annaso Adgonda Patil, Sangli V. Income -tax Officer, Sangli

ITA 1320/PUN/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0288 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-12-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 24-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ARISES OUT OF PASSED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.1320/PUN/2017 / ASSESSMENT YEAR : 2013-14 SHRI ANNASO ADGONDA PATIL, NEAR JAIN MANDIR, KUPWAD, TAL : MIRAJ, DIST. SANGLI -416436 PAN : BMVPP9035Q VS. ITO, WARD-1(1), SANGLI (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSE D BY THE CIT(A)-1, KOLHAPUR ON 17-03-2017 IN RELATION TO TH E ASSESSMENT YEAR 2013-14. 2. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT THE ASSESSE E WAS HOLDING LAND BEARING CS NO.48, HISSA NO.2, MAUJE KUPWAD IN DIST. SANGLI. SUCH LAND WAS SOLD FOR A TOTAL CONSIDERATION OF RS.55 LAKHS. THE AO, ON VERIFICATION OF TH E RELEVANT DETAILS VIZ, PARTITION DEED, SALE DEED, 7/12 EXTRACTS ETC . APPELLANT BY NONE RESPONDENT BY SHRI RAJESH GAWALI DATE OF HEARING 06-12-2018 DATE OF PRONOUNCEMENT 07-12-2018 ITA NO.1320/PUN/2017 SHRI ANNASO ADGONDA PATIL 2 OPINED THAT ASSESSEE IS THE OWNER OF THE LAND AND FAILED TO DISCLOSE THE SAID TRANSACTION OR THE RESULTANT CAPITAL GAINS THEREFROM. EVENTUALLY, THE ASSESSMENT WAS COMPLETED U/S.143(3) OF THE ACT, MAKING AN ADDITION OF RS.48,43,960/ - ON ACCOUNT OF CAPITAL GAIN AND A FURTHER SUM OF RS.83,870/- WAS ADDED TOWARDS UNDECLARED INTEREST. THE LD. CIT(A) COUNTENANCED THE ADDITIONS MADE BY THE AO IN THE FIRST APPEA L. AGGRIEVED BY THE SAID ORDER, THE ASSESSEE HAS COME UP I N APPEAL BEFORE THE TRIBUNAL. 3. I HAVE HEARD THE LD. DR AND PERUSED THE RELEVANT MATE RIAL ON RECORD. IT IS SEEN THAT THE APPEAL CAME UP FOR HEARING BEFORE THE TRIBUNAL ON 19-06-18. THE APPEAL WAS ADJOURNE D AT THE REQUEST OF THE ASSESSEE FOR 23-08-18. NONE APPEAR ED ON SUCH A DATE. ANOTHER NOTICE WAS SENT FIXING THE APPEAL FOR HEARING ON 10-10-2018, WHICH ALSO MET WITH THE SAME FATE. ANOTHER NOTICE WAS GIVEN FIXING 6.12.2018 AS THE DATE OF HEARING. TODAY AGAIN, NEITHER ANY APPEARANCE HAS BEEN PUT IN FOR AND ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT APPLICATION HAS BEEN RECEIVED. 4. COMING TO THE FACTS OF THE CASE, IT IS SEEN THAT THE ASSESSEE COULD NOT SUCCESSFULLY DEMONSTRATE THE NON- ITA NO.1320/PUN/2017 SHRI ANNASO ADGONDA PATIL 3 CHARGEABILITY OF CAPITAL GAINS. THE SAME IS THE POSITION WITH REGARD TO INTEREST INCOME ON THE FIXED DEPOSITS. IN THE ABS ENCE OF ANY EVIDENCE TO SUBSTANTIATE THE CLAIMS OF THE ASSESSEE, I UPHOLD THE VIEW TAKEN BY THE LD. CIT(A) IN THE FIRST APPEAL. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07 TH DECEMBER, 2018. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 07 TH DECEMBER, 2018 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-1, KOLHAPUR 4. / THE PR. CIT-1, KOLHAPUR 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO.1320/PUN/2017 SHRI ANNASO ADGONDA PATIL 4 DATE 1. DRAFT DICTATED ON 06-12-18 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 06-12-18 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *