Shri Ravindra Kumar, V. CIT,

ITA 153/RAN/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 0361 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 22-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DEEPAK ROUSHAN SR S C
• Keywords: Gift
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI CIRCUIT BENCH, RANCHI BEFORE SHRI N.S. SAINI, HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER ITA NOS. 152 TO 154/RAN/2014 (ASST. YEARS : 2007-08 TO 2009-10) SHRI RABINDRA KUMAR, PROP. M/S. MAA GAYATRI DISTRIBUTORS, SADAR BAZAR, CHAS, BOKARO. VS. ITO, WARD-3(1), BOKARO. PAN NO. AHMPK 6677 L (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI S.K. PODDAR WITH SHRI M.K. CHOUDHARY ADV. DEPARTMENT BY : SHRI DEEPAK ROUSHAN SR.SC DATE OF HEARING : 28/10/2015. DATE OF PRONOUNCEMENT : 28/10/2015. O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER THESE ARE THE APPEALS FILED BY THE ASSESSEE AGAINS T THE ORDER OF COMMISSIONER OF INCOME TAX, HAZARIBAG, DATED 27/03/ 2014 PASSED UNDER SECTION 263 OF THE ACT. 2. THE ASSESSEE HAS RAISED THE FOLLOWING COMMON GROUN DS OF APPEAL:- 1. FOR THAT LD. COMMISSIONER OF INCOME TAX, HAZARI BAGH PASSED AN ORDER U/S 263 ON THE GROUND THAT THE ORDER OF A SSESSMENT PASSED WAS ERRONEOUS AND PREJUDICIAL TO THE INTERES T OF REVENUE. THE LD. AO SHOULD REVISE THE ASSESSMENT AS PER DIRECTIONS GIVEN. 2. FOR THAT LD. COMMISSIONER OF INCOME TAX WAS OF T HE VIEW THAT WHILE MAKING THE ASSESSMENT AO HAS NOT VERIFI ED THE PURCHASES ETC. PROPERLY. HE WAS FURTHER OF THE VIEW THAT THE ORDER PASSED THEREFORE WAS ERRONEOUS AND PREJUDICIA L. FACT REMAINS THAT LD.AO HAS VERIFIED ALL THE DETAILS AND HAS 2 ITA NOS. 152-154 /RAN/2014 DISCUSSED THE SAME IN THE ORDER OF ASSESSMENT AND A FTER HE SATISFIED HIMSELF PASSES AN ORDER MAKING AN ESTIMAT E OF INCOME BY APPLYING THE PROVISION OF SECTION 145(3) . 3. FOR THAT LD. AO WAS OF THE VIEW THAT THE GIFTS R ECEIVED BY THE APPELLANT FROM HIS CLOSE RELATIONS WERE NOT PROPERL Y EXAMINED. FACT REMAINS THAT ALL DETAILS RELATING TO THE DONORS WERE FILED BEFORE LD.AO AND AFTER DUE VERIFICATION THE SAME WAS ACCEPTED. 4. FOR THAT LD. COMMISSIONER OF INCOME TAX WAS OF T HE VIEW THAT NON-INITIATION OF PROCEEDINGS U/S 279(1)(C) W AS ALSO PREJUDICIAL TO REVENUE. THE ORDER OF ASSESSMENT WA S PASSED BY APPLYING OF PROVISION OF SECTION 44AF. AS SUCH, INITIATION OF PROCEEDINGS U/S 271(1)(C) WAS NOT NECESSARY. 5. FOR THAT THE APPELLANT GAVE DETAIL REPLY TO SHOW CAUSE NOTICE WHICH WAS NOT CONSIDERED JUDICIOUSLY. THE FACTUM OF THE JUDICIAL NOTICE HAS BEEN REPRODUCED IN PARAGRAPH-9 OF THE ORDER PASSED U/S 263. 6. FOR THAT LD. COMMISSIONER OF INCOME TAX WAS NOT JUSTIFIED IN PASSING AN ORDER U/S 263 TO SUGGEST THAT THE ORDER PASSED BY LD. AO. U/S 143(3)/147 WAS ERRONEOUS AND PREJUDICI AL TO REVENUE. 7. FOR THAT OTHER GROUNDS IN DETAIL WILL BE ARGUED AT THE TIME OF HEARING. 3. AT THE TIME OF HEARING, AUTHORIZED REPRESENTATIVE OF THE ASSESSEE SUBMITTED THAT HE WANTS TO WITHDRAW THE PRESENT APP EALS FILED BY THE ASSESSEE AND SOUGHT PERMISSION OF THE BENCH AND ALS O MADE AN ENDORSEMENT TO THIS EFFECT ON THE GROUND OF APPEAL FILED BEFORE THE TRIBUNAL ALONG WITH THE APPEAL MEMO IN FORM NO.36. 4 . DEPARTMENTAL REPRESENTATIVE HAD NO OBJECTION TO T HE SAME. THEREFORE, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. 5. IN THE RESULT, APPEALS OF THE ASSESSEE ARE DISMISS ED AS WITHDRAWN. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE H EARING ON WEDNESDAY, THE 28 TH DAY OF OCTOBER, 2015 AT RANCHI. SD/- SD/- (GEORGE MATHAN) (N.S.SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 28 TH OCTOBER, 2015. 3 ITA NOS. 152-154 /RAN/2014 VR/- COPY TO: 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT 4. THE CIT(A) 5. THE D.R. 6. GUARD FILE. BY ORDER 4 ITA NOS. 152-154 /RAN/2014 DATE INITIAL ORIGINAL DICTATION PAD & DRAFT ARE ENCLOSED IN THE FILE 1. DRAFT DICTATED ON 28/10/2015 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 29/10/2015 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 29/10/2015 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 29/10/2015 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 29/10/2015 SR.PS 6. DATE OF PRONOUNCEMENT 28/10/2015 SR.PS 7. FILE SENT TO THE BENCH CLERK 29/10/2015 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER