Shri Gopal Dahyabhai Patel, Ahmedabad V. The Income Tax Officer, Ward-7(4), Ahmedabad

ITA 2148/AHD/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9855 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 09-12-2015
• Assessment Year: 2011-2012
• Appeal Filed On: 21-07-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: K H SHAH
• Section: 54F; 54

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ./ ITA NO. 2148/AHD/2015 / ASSESSMENT YEAR: 2011-12 SHRI GOPAL DAHYABHAI PATEL C/O. KETAN H. SHAH, ADVOCATE, 903, SAPPHIRE COMPLEX, C.G. ROAD, NAVRANGPURA, AHMEDABAD .. APPELLANT PAN : APZPP 0855 N VS INCOME TAX OFFICER, WARD 7(4) AHMEDABAD .. RESPONDENT ASSESSEE(S) BY : SHRI K. H. SHAH , AR REVENUE BY : SHRI JAMES KURIAN, SR - DR / DATE OF HEARING 09/12/2015 /DATE OF PRONOUNCEMENT 13/01/2016 / O R D E R PER SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE O RDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-10, AHMEDA BAD DATED 03.07.2017 FOR ASSESSMENT YEAR 2011-12, ON TH E FOLLOWING GROUNDS:- 1. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) HA S ERRED IN CONFIRMING THE ADDITION ON ACCOUNT OF LONG TERM CAPITAL GAIN ON SALE OF LAND AND/OR IN CONFIRM ING ITA NO. 2148/AHD /015 SHRI GOPAL DAHYABHAI PATEL VS. ITO AY 2011-12 - 2 - THE FINDING GIVEN BY THE ASSESSING OFFICER IN THE O RDER U/S 143(3), PARA 3 THEREOF. IT IS PRAYED THAT THE SAID LAND WAS OWNED BY FATHER OF THE ASSESSEE AND HAS AL SO CLAIMED RELIEF U/S 54F OF THE I.T. ACT, AND THEREFO RE, THE ADDITION MADE IS LIABLE TO BE DELETED AND RETURNED INCOME OF RS.28,240/- MAY PLEASE BE ACCEPTED. 2. EVEN OTHERWISE, ON THE BASIS OF FACTS AND CIRCUMSTANCES MADE BEFORE THE ASSESSING OFFICER AND CIT(A), THE ASSESSEES APPEAL OUGHT TO HAVE BEEN ALLOWED. 2. THE ASSESSING OFFICER MADE ADDITION OF RS.13,68, 289/- ON ACCOUNT OF LAND SOLD BEING 1/3RD SHARE. THE ASSESS ING OFFICER HAS STATED THAT THERE IS ONE LAND SOLD AT RS.51,33, 000/- AND THE ASSESSEES SHARE IS 1/3RD SHARE WHICH COMES TO RS.17,11,000/-, WHICH HAS NOT BEEN SHOWN IN THE RET URN OF INCOME. THEREFORE, AFTER INDEXATION, THE VALUE OF LONG TERM CAPITAL GAIN COMES TO RS.13,68,289. ACCORDINGLY, T HE ADDITION WAS MADE BY THE ASSESSING OFFICER. 3. MATTER WAS CARRIED BEFORE THE FIRST APPELLATE AU THORITY, WHEREIN VARIOUS CONTENTIONS WERE MADE ON BEHALF OF THE ASSESSEE, AND HAVING CONSIDERED THE SAME, THE CIT(A ) CONFIRMED THE ORDER OF THE ASSESSING OFFICER WHICH HAS NOW BEEN OPPOSED BEFORE US ON BEHALF OF ASSESSEE, INTER ALIA, SUBMITTING THAT THE DOCUMENTS IN RESPECT OF FATHER OF THE ITA NO. 2148/AHD /015 SHRI GOPAL DAHYABHAI PATEL VS. ITO AY 2011-12 - 3 - ASSESSEE, SHRI DAHYABHAI KESHAVLAL PATEL WERE FILED BY THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE BEFORE TH E CIT(A) AND THE SAME WERE EXAMINED BY CIT(A). THE CIT(A) FOUND THAT SHRI DAHYABHAI KESHAVLAL PATEL FILED RETURN OF INCOME FO R ASSESSMENT YEAR 2011-12 ON 31.03.2013, WHICH WAS BE YOND THE NORMAL DATE OF FILING OF RETURN. IN THE SAID R ETURN, SHRI DAHYABHAI KESHAVLAL PATEL HAD SHOWN INCOME OF RS.2, 37,191/ ALONGWITH RETURN OF INCOME, COMPUTATION OF TOTAL IN COME HAS ALSO BEEN FILED IN WHICH CAPITAL GAIN ON THE SAID L AND WAS SHOWN. BUT, SHRI DAHYABHAI KESHAVLAL PATEL CLAIMED DEDUCTION U/S 54F OF THE ACT AND REDUCED THE TAX LI ABILITY. NOTICE U/S 143(2) OF THE ACT WAS ISSUED TO THE ASSE SSEE ON 01.08.2012, HOWEVER SHRI DAHYABHAI KESHAVLAL PATEL, FATHER OF THE ASSESSEE FILED RETURN OF INCOME ON 31.03.2013. THIS WAS FOUND TO BE AFTERTHOUGHT TO EVADE THE TAX LIABILITY . THE ASSESSEE COULD NOT SUBSTANTIATE THE CLAIM THAT THE MONEY RECEIVED BY THE ASSESSEE AS SALE CONSIDERATION AND DEPOSITED IN HIS BANK ACCOUNT WAS UTILIZED FOR PURCHASE OF PROPE RTY BY HIS FATHER FOR WHICH EXEMPTION U/S 54F WAS CLAIMED. THE REFORE, THE CONTENTION OF THE ASSESSEE THAT FATHER OF THE A SSESSEE HAS OFFERED THE CAPITAL GAIN ON SALE VALUE WAS NOT FOUN D IN ORDER. ITA NO. 2148/AHD /015 SHRI GOPAL DAHYABHAI PATEL VS. ITO AY 2011-12 - 4 - 4. IT IS ALSO NOT IN DISPUTE THAT THE ASSESSEE IS T HE OWNER OF THE PROPERTY UNDER CONSIDERATION AND THE SALE CONSI DERATION WAS DEPOSITED IN HIS BANK ACCOUNT. THERE IS NOTHIN G ON RECORD TO SUGGEST THAT THE SAID SALE CONSIDERATION WAS NOT UTILIZED BY HIS FATHER FOR PURCHASING PROPERTY FOR WHICH CLAIM U/S 54 HAS BEEN MADE. THEREFORE, THE ASSESSEE IS LIABLE TO PA Y CAPITAL GAIN TAX FOR THE SAID TRANSACTION. THEREFORE, KEEPING I N VIEW OF THESE FACTS OF THE CASE, THE ADDITION MADE BY THE ASSESSI NG OFFICER WAS CONFIRMED BY THE CIT(A). THESE REASONED FINDIN GS OF THE CIT(A) NEED NO INTERFERENCE FROM OUR SIDE. WE UPHO LD THE SAME. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 13TH OF JANUARY, 2 016 AT AHMEDABAD. SD/- SD/- ( RAJESH KUMAR ) ACCOUNTANT MEMBER ( SHAILENDRA KUMAR YADAV ) JUDICIAL MEMBER AHMEDABAD; DATED /01/2016 *BT !'# $#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A), 5. !'# $$ , , / DR, ITAT, AHMEDABAD 6. #() / GUARD FILE. / BY ORDER, //TRUE COPY// / (DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD