SHRI SHEO NARAYAN SINGH, DHANBAD V. DCIT CIR-2, DHANBAD

ITA 180/RAN/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8588 (ITAT-RANCHI)
• Duration Of Justice: 2 year(s) 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 06-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: CIRCULAR ROAD DHANBAD
• Keywords: Gift
• Section: 143(3); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH E COURT AT KOLKATA BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER ITA NO. 180 / RAN / 201 8 ASSESSMENT YEAR :2012-13 SHEO NARAYAN SINGH C/O M/S LIBRA HYUNDAI, NR. RAJ GROUND, JHARIA- 828111, DHANBAD [ PAN NO.AGKPS 6156 M ] V/S . ACIT, CIRCLE-2 AAYAKAR BHAWAN, LUBY CIRCULAR ROAD, DHANBAD-826 001 /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI DEVESH PODDAR, ADVOCATE /BY RESPONDENT SHRI A.K. MOHANTI, ADDL. CIT-SR-DR /DATE OF HEARING 15-07-2020 /DATE OF PRONOUNCEMENT 15 -07-2020 / O R D E R PER BENCH (ORAL):- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2012-13 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-DHANBADS ORDER DATED 23.03.2018 PASSED IN CASE NO.174/DHN/2014-15, INVOL VING PROCEEDINGS U/S 143(3) THE INCOME TAX ACT, 1961; IN SHORT THE ACT . HEARD SHRI DEVESH PODDAR AND SHRI A.K. MOHANTI, FOR THE ASSESSEE AND DEPARTMENT; RESPECTIVELY. 2. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE CHALLE NGES CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION MAKING SEC. 56(2 )(VII)(B) ADDITION OF 32,05,000/-. HE HAD CLAIMED GIFTS OF 2 LAKH, 4 LAKH, 6 LAKH, 4 LAKH, 7.75 LAKH & 8.30 LAKH FROM SHRI ANAND & BIPIN KUMAR SINGH (FIRS T COUSIN) MANORMA SINGH, PINKI SINGH, POONAM SINGH (FIRST COU SIN WIVES) AND SITA RAM ITA NO.180/RAN/2018 A.Y. 2012-13 SHEO NARAYAN SINGH VS. ACIT CIR-2, DHN PAGE 2 SINGH (FIRST COUSIN); RESPECTIVELY. LEARNED AUTHORI ZED REPRESENTATIVE FAILS TO DISPUTE THAT ALTHOUGH THE ASSESSEE HAS FILED ON REC ORD ALL THE CORRESPONDING DETAILS OF THE SO-CALLED DONOR(S), THE FACT REMAINS THAT NONE OF THEM IS COVERED UNDER THE EXEMPT CATEGORY OF RELATIVES DEFINED IN S EC. 56(2)(VIII) OF THE ACT AS IT HAS BEEN ELABORATELY DISCUSSED IN THE CIT(A)S O RDER. WE MAKE IT CLEAR THAT THE ASSESSEES CASE RIGHT FROM THE BEGINNING WAS TH AT ON HAVING RECEIVED THE CORRESPONDING GIFT(S) ONLY. WE THUS AFFIRM THE CIT( A)S FOREGOING CLINCHING REASON AND AFFIRM THE IMPUGNED ADDITION(S) IN ASSES SEES HANDS. 4. THIS ASSESSEES APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT AT THE CLOSE OF HEAR ING ON WEDNESDAY, 15 TH JULY, 2020 SD/- SD/- ( ') ($% ') (DR. A.L. SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) *DKP SR.P.S. &- 15 / 07/ 20 20 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-SHEO NARAYAN SINGH, C/O M/S LIBRA HYUNDA I, NR. RAJ GROUND, JHARIA-828111, D HANBAD 2. /RESPONDENT-ACIT, CIR-2, AAYAKAR BHAWAN, LUBY CIRCU LAR ROAD, DHANBAD 3. 0 3 / CONCERNED CIT RANCHI 4. 3- / CIT (A) RANCHI 5. 6 %%0, 0, / DR, ITAT, RANCHI 6. < / GUARD FILE. BY ORDER/ , /TRUE COPY/ 0,