The Deputy Commissioner of Income Tax, Central Circle, Belagavi., Belagavi V. Dr. Hanumant R. Katti., Bagalkot

ITA 205/PAN/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 7490 (ITAT-PANAJI)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 15-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVIRAJ Y V LD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI P.K.BANSAL, HON'BLE ACCOUNTANT MEMBER SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER ITA NO. 205 /P AN /201 6 (ASST. YEAR : 20 13 14 ) DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE SHRADDHA BUILDING SARAF COLONY KHANAPUR ROAD TILAKWADI BELAGAVI V. DR HANUMANT R.KATTI UNNATI, PLOT NO.12 - A, SECTOR NO.32, NAVANAGAR, BAGALKOT PAN NO. AKMPK 5895 K (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI PRAKASH HEGDE CA DEPARTMENT BY : SHRI RAVIRAJ Y.V . LD. DR DATE OF HEARING : 2 7 /03/2017 . DATE OF PRONOUNCEMENT : 27/03/2017 . O R D E R PER GEORGE MATHAN , JUDICIAL MEMBER 1 . THIS APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LEARNED CIT(A) - 2 , PANAJI IN APPEAL NO.ITA NO.22/CIT(A) - 2/PNJ/2015 - 16 DATED 16.08.2016 FOR THE ASSESSMENT YEAR 2013 - 14. 2 . SHRI PRAKASH HEGDE, CIT(A) REPRESENTED ON B EHALF OF THE ASSESSEE AND SHRI RAV IRAJ Y.V REPRESENTED ON BEHALF OF THE REVENUE. 3 . IN THE REVENUES APPEAL, REVENUE HAS CHALLENGED THE ACTION OF THE LEA RNED CIT(A) IN GRANTING THE RELIEF ON THE BASIS OF FRESH EVIDENCE CONTRARY TO THE PROVISION OF RULE 46A OF THE ACT . WHEN THE LEARNED DEPAR TMENTAL REPRESENTATIVE WAS SPECIFICALLY ASKED TO POINT OUT AS TO WHAT WAS THE FRESH EVIDENCE WHICH HAS BEEN CONSIDERED BY THE LEARNED 2 ITA NOS. 205 /P AN /201 6 DR.HANUMANT RAMAPPA KATTI CIT(A) WITHOUT GRANTING THE OPPORTUNITY TO THE ASSESSING OFFICER THE LEARNED DEPARTMENTAL REPRESENTATIVE WAS UNABLE TO SPE CIALLY POINT OUT ANY SPECIFIC FRESH EVIDENCE CONSIDERED BY THE LEARNED CIT(A). 4 . IN REPLY LEARNED AUTHORIZED REPRESENTATIVE OF THE ASSESSEE SUBMITTED THAT NO FRESH EVIDENCE HAS BEEN SUBMIT TED BEFORE THE LEARNED CIT(A). THE LEARNED AUTHORIZED REPRESENTATIVE OF THE ASSESSEE FURTHER TOOK U S THROUGH THE ORDER OF THE LEARNED CIT(A) TO SUBMIT THAT THE CIT(A) HAS ONLY CONSIDERED THE EVIDENCE WHICH WERE BEFORE THE ASSESSING OFFICER AS ALSO THE EVIDENCE FOUND IN THE COURSE OF THE SEARCH. 5 . IT WAS FURTHER SUBMISSION T HAT IN RESPECT OF THE AMOUNT OF . 20 ,00,000/ - OFFERED BY THE ASSESSEE BUT WHICH WAS NOT DISCLOSED WHEN FILING ITS RETURN , THE ADDITION HAD BEEN DELETED BECAUSE THE ADDITION WAS ON ACCOUNT OF THE COST OF CONSTRUCTION OF HOSPITAL BUILDING AND THE COST WAS FULLY DISCLOSED IN THE BOOKS OF ACCOUNTS OF THE ASSESSEE. IT WAS SUBMISSION THAT THE DIFFERENCE BETWEEN THE COST OF CONSTR UCTION AS DISCLOSED BY THE ASSESSEE IN ITS BOOKS AND AS ESTIMATED BY THE D ISTRICT VALUATION OFFICER SHOWED THE DIFFERENCE OF O NLY . 6, 0 1 , 493/ - WHICH WAS ABOUT 2.8% ON ACCOUNT OF THE ESTIMATION. IT WAS THUS SUBMISSION THAT THE ORDER OF THE LEARNED CIT(A) W AS LIABLE TO BE UPHELD. 6 . WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. A PERUSAL OF THE ORDER OF THE LEARNED CIT(A) CLEARLY SHOWS THAT THE LEARNED CIT(A) HAS DELETED THE VARIOUS ADDITION S ONLY ON THE BASIS OF THE EVIDENCES WHICH WERE BEFO R E THE AO AND WHICH W ERE OUT OF THE S E IZED MATERIALS. NO FRESH EVIDENCE HAS BEEN CONSIDERED BY THE LEARNED CIT(A). THE REVENUE HAS ALSO NOT BEEN ABLE TO POINT OUT ANY FRESH EVIDENCE WHICH HAS BEEN CONSIDERED BY THE LEARNED CIT(A) WHEN GRANTING RELIEF TO THE ASSESSEE. THIS BEING SO WE ARE OF THE VIEW THAT THE FINDING OF THE LEARNED CIT(A) ON THE ISSUES ARE ON A SOUND F OOT ING AND DOES NOT CALL FOR ANY 3 ITA NOS. 205 /P AN /201 6 DR.HANUMANT RAMAPPA KATTI INTERFERENCE. IN THE CIRCUMSTANCES THE APPEAL FILED B Y THE REVENUE STANDS DISMISSED. 7 . IN THE RESULT THE APPEAL FILED BY THE R EVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE HEARING ON MONDAY , THE 27 TH DAY OF MARCH, 2017 AT GOA. SD/ - SD/ - (P.K.BANSAL) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 27 TH MARCH , 2017. VSSGB / - COPY TO: 1 . THE ASSESSEE. 2 . THE REVENUE. 3 . THE CIT 4 . THE CIT(A), 5 . THE D.R. 6 . GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., PANAJI