ITO, Ward-1(1), Bikaner V. Smt. Usha Devi Chayal, Bikaner.

ITA 214/JODH/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6298 (ITAT-JODHPUR)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 08-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K DAS
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH (SMC), JODHPUR BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER ITA NO. 214/JODH/2018 (ASSESSMENT YEAR-2014-15 INCOME TAX OFFICER, WARD-1(1), BIKANER. VS SMT. USHA DEVI CHAYAL, NEAR RATAN SAGAR WELL, RATAN BIHARI PARK, BIKANER. (APPELLANT) (RESPONDENT) PAN: ARCPC6005G REVENUE BY SH. A. K. DAS (JCIT) (DR) ASSESSEE BY NONE. DATE OF HEARING 18/07/2018 DATE OF PRONOUNCEMENT 19/07/2018 O R D E R PER: R.C. SHARMA, AM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A), BIKANER DATED 10/01/2018 FOR THE A.Y. 2014- 15 IN THE MATTER OF ORDER U/S 143(3)OF THE INCOME-TAX ACT, 1961 [HER EINAFTER REFERRED TO AS THE ACT, FOR SHORT]. THE GROUNDS RAISED BY THE REVENUE IN APPEAL ARE REPRODUCED AS UNDER: 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE, THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS. 38 ,80,501/- MADE BY THE AO U/S 56(2)(VII) OF THE IT ACT, 1961 IN RESPEC T OF LAND PURCHASED BY THE ASSESSEE WITHIN THE 8 KMS OF MUNICIPAL LIMIT . 2. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) WAS JUSTIFIED IN HOLDING THAT SECTION 56(2)( VII) USE THE TERM ANY IMMOVABLE PROPERTY WHICH IS NOT DEFINED AND A S TO WHETHER IT WOULD COVER ALL LAND/BUILDING IRRESPECTIVE OF CAPIT AL ASSETS/TRADING ASSETS/AGRICULTURAL LAND ETC. 3. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) WAS JUSTIFIED IN CONSIDERING THE ADDITION EV IDENCE PRODUCED DURING APPELLATE PROCEEDINGS WITHOUT GIVING OPPORTU NITY BEING HEARD TO THE AO IN VIEW OF THE RULE 46A OF THE INCOME TAX RULE,1 962. 2. I HAVE GONE THROUGH THE ORDERS OF AUTHORITIES BELOW AND FOUND THAT TAX EFFECT IN RESPECT OF ADDITIONS DELETED BY CIT(A) IS BELOW RS. 20 LACS, ACCORDINGLY IN TERM OF CBDT CIRCULAR NO. 3/2018 DATED 11.07.201 8 THIS APPEAL DESERVES TO BE DISMISSED ON THE GROUND OF LOW TAX EFFECT. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 19/07/2018. SD/- [R.C. SHARMA] ACCOUNTANT MEMBER DATED : 19/07/2018 A/N COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR 6. GUARD FILE (ITA NO. 214/JODH/2018) ASSISTANT REGISTRAR JODHPUR BENCH