ACIT, V. Sri Ram Dular Gupta, Adv.,

ITA 151/RAN/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 85459 (ITAT-RANCHI)
• Duration Of Justice: 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2014
• Appeal Filed By: Department
• Bench Allotted: DB
• Assessment Year: 1994-1995
• Appeal Filed On: 21-04-2014
• Court: TRIBUNAL
• Department Lawyers: CHOUDHARY ORAM LD
• Assessee Lawyers: SHR SHRI R L AGARW L

Judgement Text

1 IT A NO.151/RAN/14 & CO 3/RAN/14 SH.RAM DULAL GUPTA INCOME TAX APPELLATE TRIBUNAL, CIRCUIT BENCH, RANCHI BEFORE HON'BLE SHRI H.L. KARWA, PRESIDENT , AND HON'BLE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER IT A NO. 151/RAN/14 A .Y 1994 - 95 A .CIT,C IR - 2, RANCHI VS. RAM DULAL GUPTA [ DEPARTMENT ] [ RESPONDENT ] CO NO. 03/RAN/14 [ITA NO.151/RAN/14 ASSESSMENT YEAR 1994 - 95] RAM DULAL GUPTA VS. A.CIT,CIR - 2, RANCHI [ CROSS OBJECTOR ] [ RESPONDENT ] FOR THE DEPARTMENT : CHOUDHARY ORAM, LD.DR FOR THE RESPONDENT : SHR SHRI R.L AGARW L DATE OF HEARING : 05 - 12 - 2014 DATE OF PRONOUNCEMENT: 05 - 12 - 2014 ORDER SHRI B.R. BASKARAN, ACCOUNTANT MEMBER : THE REVENUE HAS FILED TH IS APPEAL AND THE ASSESSEE HAS FILED CROSS OBJECTION . BOTH ARE DIRECTED AGAINST THE ORDER DATED 28 - 01 - 2014 PASSED BY THE LD. CIT(A) RANCHI AND THE Y RELATE TO THE ASSESSMENT YEAR 1994 - 95. 2. THE REVENUE IS AGGRIEVED BY THE DECISION OF THE LD.CIT(A) IN DELETING THE ADDITION OF RS.10.13 LAKHS MADE BY THE AS SESSING OFFICER. 2 IT A NO.151/RAN/14 & CO 3/RAN/14 SH.RAM DULAL GUPTA 3. THE LD.DR SUBMITTED THAT THE ASSESSING OFFICER HAS MADE THE IMPUGNED ADDITIONS, SINCE THE SAID CLAIMS ARE NOT ALLOWABLE AND FURTHER THE ASSESSEE HAS ALSO FAILED TO FURNISH COMPLETE DETAILS. 4 . THE LD.AR APPEARING ON BEHALF OF THE ASS ESSEE SUBMITTED THAT THE ASSESSEE IS AN ADVOCATE AND IS SPEC IALISED IN LAND ACQUISITION COMPENSATION CASES. SOME OCCASIONS, THE COURT AWARDING COMPENSATION TO THE CLIENTS OF THE ASSESSEE DIRECT THAT THE COMPENSATION AMOUNT SHALL BE GIVEN TO THE ASSESSEE I N HIS CAPACITY AS CUSTODIAN TILL THE DISPOSAL OF APPEAL, IF ANY, FILED BY THE GOVERNMENT/GOVERNMENT AUTHORITY . ACCORDINGLY , T HE AMOUNT SO RECEIVED IS DEPOSITED IN THE BANK ACCOUNT OF THE ASSESSEE . THE SAID AMOUNT SHALL BE DISTRIBUTED TO THE CLIENTS IN AC CORDANCE WITH THE DIRECTION OF THE COURT OR OUTCOME OF THE PROCEEDINGS . THE LD A.R SUBMITTED THAT, I N THE ASSESSMENT PROCEEDINGS , THE ASSESSING OFFICER HAS ASSESSED THE PAYMENT SO MADE BY THE ASSESSEE IN THE HANDS OF THE ASSESSEE WITHOUT ACCEPTING THAT IT WAS PAID IN THE CAPACITY OF CUSTODIAN. 5 . IN THE APPEAL LATE PROCEEDINGS, THE LD.CIT(A) DELETED THE ADDITION BY FOLLOWING THE DECISION DATED 11 - 8 - 06 RENDER ED BY THE CO - ORDINATE BENCH OF THE ITAT IN ASSESSEE S OWN CASE FOR THE A SSESSMENT YEARS. 1992 - 93 AND 1993 - 94. ACCORDINGLY , THE LD.AR SUBMITT E D THAT THE IMPUGNED APPEAL FILED BY THE REVENUE BE DISMISSED . 6. W E HAVE HEARD THE PARTIES AND PER USED THE RECORD. WE NOTICE THAT THE LD.CIT(A) HAS FOLLOWED THE DECISION RENDER ED BY THE CO - ORDINATE BENCH OF THE T RIBUNAL IN ASSESSEE S OWN CASE FOR THE ASSESSMENT YEARS 1992 - 93 AND 1993 - 94, WHEREIN IDENTICAL ISSUES WERE ADJUDICATED BY THE TRIBUNAL. 3 IT A NO.151/RAN/14 & CO 3/RAN/14 SH.RAM DULAL GUPTA SINCE THE LD.CIT(A) HAS FOLLOWED THE DECISION OF THE TRIBUNAL IN DECIDING THE IMPUGNED ISSUES , WE DO NOT FIND ANY REASON TO INTERFERE WITH HIS ORDER. ACCORDINGLY, WE UPHOLD THE SAME . ACCORDINGLY THE REVENUE APPEAL IS LIABLE TO BE DISMISSED. 7. THE ASSESSEE HAS FILED THE CROSS OBJECTION ONLY T O SUPPORT THE ORDER PASSED BY THE LD. CIT(A) . SINCE WE HAVE UPHE LD THE ORDER OF THE LD.CIT(A) AND DISMISSED THE APPEAL OF THE REVENUE, THE CROSS OBJ ECTION FILED BY THE ASSESSEE DOES NOT SURVIVE . 8. IN THE RE SULT, THE APPEAL FILED BY THE REVENUE AS WELL AS THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. PRONOUNCED ACCORDINGLY ON 0 5 - 12 - 2014 SD/ - SD/ - [ H.L. KARWA ] [ B.R. BASKARAN ] PRESIDENT ACCOUNTANT MEMBER DT. 05 - 12 - 2014 PLACE : RANCHI PP, SR. PS COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT : 2 THE RESPONDENT: 3..THE CIT, 4.THE CIT(A), 5.DR, ITAT CIRCUIT BENCH, RANCHI 6. GUARD FILE. TRUE COPY, BY ORDER, ASSTT. REGI STRAR