Shri Chandrakantbhai B. Patel, Sabarkantha V. The Income Tax Officer, S.K.Ward-3, Himatnagar

ITA 1330/AHD/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8065 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 14-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Unexplained investment; Capital asset

Judgement Text

, .. , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI S.S. GODARA, JUDICIAL MEMBER ./ I.T.A. NO.1330/AHD/2015 ( / ASSESSMENT YEAR : 2011-12) CHANDRAKANTBHAI B.PATEL PROP. BHIKHALAL TRADING CO. GF-14, DURGA BAZAR HIMATNAGAR DIST.SABARKANTHA / VS. THE INCOME TAX OFFICER S.K.WARD-3 HIMATNAGAR ./ ./ PAN/GIR NO. : ALTPP 8835 E ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENT BY : PRAJNA PARAMITA / DATE OF HEARING 16/11/2017 !'# / DATE OF PRONOUNCEMENT 27/11/2017 / O R D E R PER S.S. GODARA, JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2011- 12 IS DIRECTED AGAINST THE CIT(A)-2 AHMEDABADS ORDER DATED 31/03/ 2015 PASSED IN CASE NO.CIT(A)-2/SK WD.3.HMT/176/13-14 UPHOLDING AS SESSING OFFICERS ACTION MAKING SHORT TERM CAPITAL GAINS AN D UNEXPLAINED INVESTMENT ADDITIONS OF RS.15.92 LAKHS AND RS.8.72 LAKHS; RESPECTIVELY IN ITA NO. 1330/AH D/2015 CHANDRAKANTBHAI B. PATEL VS. ITO ASST.YEAR 2011-12 - 2 - ASSESSMENT ORDER DATED 31/01/2014 IN PROCEEDING UND ER S.143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. CASE CALLED TWICE. NONE APPEARS AT ASSESSEES B EHEST. IT EMERGES FROM THE CASE FILE THAT THE REGISTRY HAS BEEN ISSUI NG NOTICE TO THE ASSESSEE QUA VARIOUS INSTANCES OF HEARING. HE HAS NEVER COM E PRESENT NOR HAS ANYONE FILED POWER OF ATTORNEY. WE THEREFORE PROC EED EX-PARTE AGAINST THE ASSESSEE. 3. A PERUSAL OF THE INSTANT CASE FILE REVEALS THAT THE ASSESSING OFFICER HAD MADE THE ABOVE TWO ADDITIONS OF SHORT TERM CAPI TAL GAINS AND UNEXPLAINED INVESTMENT MADE IN LAND. BOTH THE LOW ER AUTHORITIES HOLD THE ASSESSEES LAND SOLD IN THE RELEVANT PREVIOUS Y EAR TO BE A CAPITAL ASSET HELD FOR LESS THAN THREE YEARS TO BE SITUATED WITHI N TALOD MUNICIPAL LIMITS AS PER NECESSARY VERIFICATION ISSUED BY MAMLATADAR. THERE IS NO EVIDENCE IN THE CASE FILE TO REBUT THE SAME. WE FIND THAT T HE ASSESSEE HAS ALSO NOT BEEN ABLE TO PROVE SOURCE OF HIS INVESTMENT OF RS.8 .72 LAKHS MADE IMMOVABLE PROPERTY AS HE COULD NOT PROVE TO HAVE DE RIVED AGRICULTURAL INCOME FROM ENTIRE FAMILYS LAND HOLDINGS HIMSELF O NLY. WE THEREFORE FIND NO REASON TO INTERFERE WITH BOTH THE IMPUGNED ADDITIONS IN QUESTION. THE SAME ARE ACCORDINGLY CONFIRMED. ITA NO. 1330/AH D/2015 CHANDRAKANTBHAI B. PATEL VS. ITO ASST.YEAR 2011-12 - 3 - 4. THIS ASSESSEES APPEAL IS DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 27 / 1 1 /201 7 SD/- SD/- ( N.K. BILLAIYA ) ( S.S. GODARA ) ACCOUNTANT MEMBER JU DICIAL MEMBER AHMEDABAD; DATED 27/ 11 /2017 &.., .(../ T.C. NAIR, SR. PS !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. )*+ , / CONCERNED CIT 4. , ( ) / THE CIT(A)-2, AHMEDABAD 5. /01 ((*+ , *+# , ) / DR, ITAT, AHMEDABAD 6. 145 6 / GUARD FILE. / BY ORDER, / ( //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION ...24.11.17 (WORD PROCESSED BY H ONBLE JM IN HIS COMPUTER) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER .24.11.17 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.27.11.17 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 27.11.17 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 DESPATCH OF THE ORDER