Mohan Rangrao More, Latur V. Income-tax Officer, Ward - 1, Latur

ITA 1807/PUN/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6162 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 26-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIJAY NETKE
• Keywords: TDS
• Section: 201; 13; 148; 28

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI LALIET KUMAR , JM . / ITA NO. 1807 /PUN/201 7 / ASSESSMENT YEAR : 20 1 0 - 11 MOHAN RANGRAO MO RE, AT POST : KOPEGAON, TALUKA & DIST. LATUR. PAN : A ZVPM2227K ....... / APPELLANT / V/S. ITO , WARD - 1, LATUR / RESPONDENT A SSESSEE BY : SHRI SHARAD SHAH REVENUE BY : SHRI VIJAY NETKE / DATE OF HEARING : 1 3 .02.2020 / DATE OF PRONOUNCEMENT : 13 .02.2020 / ORDER PER D. KARUNAKARA RAO , AM: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER O F CIT(A) - 2 , AURANGABAD , DATED 01 - 05 - 201 7 FOR THE ASSESSMENT YEAR 20 1 0 - 11 . 2. BRIEFLY STATED, RELEVANT FACTS INCLUDE THAT THE ASSESSEE I S AN AGRICULTURIST BY PROFESSION . THE ASSESSEE FILED HIS RETURN OF INCOME ON 27 .0 9 .20 11 DECLARING NIL INCOME AND CLAIM ING THE TDS AMOUNT OF RS.17,58,097/ - AS REFUND. THE CASE OF THE ASSESSEE WAS REOPENED BY ISSUANCE OF NOTICE U/S 148 OF THE INCOME - TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) TO WHICH, THE ASSESSEE HAS NOT FILED RETURN . THEREAFTER, THE 2 ITA NO. 1807 /PUN/201 7 ASSESSING OFFICER (AO) COMPLETED THE ASSESSMENT BY MAKING ADDITION OF RS.77,86,805/ - IN PARA 6 OF IN ITS ORDER. 3. THE CIT(A) UPHELD THE ORDER OF AO. 4. AGGRIEVED WITH THE SAID DECISION OF CIT(A) IN THE YEAR UNDER CONSIDERATION, THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL . THERE IS SMALL DELAY OF 12 DAYS. AFTER CONSIDERING CONTENTS OF THE AFFIDAVIT AND THE SMALLNESS, THE DELAY IS CONDONED. 5 . WE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD . WE FIND THAT THE CIT(A) HAS ELABORATELY DISCUSSED THE ISSUE OF INTEREST RECEIVED U/S 28 OF THE LAND ACQUISITION ACT TO BE BROUGHT TO TAX IN TERMS OF SECTION 56(2)(VIII) OF THE INCOME - TAX ACT, 1961, IN PARAS 8 TO 12. THE CIT(A) RELYING ON THE JUDGMENT OF HONBLE SUPREME COURT IN THE CASE OF BIKRAM SINGH VS. L AND ACQUISITION COLLECTOR (1997) 224 ITR 551 (SC) HAS UPHELD THE ORDER OF AO. CONSIDERING THE SETTLED NATURE OF THE ISSUE, WE ARE OF THE OPINION THAT THE CIT(A) HAS RIGHTLY DISMISSED THE APPEAL OF ASSESSEE AND DOES NOT CALL FOR INTERFERENCE FROM OUR SIDE. ACCORDINGLY, THE GROUNDS RAISED BY ASSESSEE ARE DISMISSED. 6 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON THIS 13 TH DAY OF FEBRUARY , 20 20 . SD/ - SD/ - ( LALIET KUMAR ) ( D. KARUNA KARA RAO ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 13 TH FEBRUARY , 20 20 . GCVSR 3 ITA NO. 1807 /PUN/201 7 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS) - 2 , AURANGABAD 4. 5. THE PR.CIT - 2 , AURANGABAD , , / DR B, ITAT, PUNE; 6. / GUARD FILE . // TRUE COPY // / BY ORDER, // TRUE CO PY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.