I.T.O. Ward -2(4), RAIPUR V. SHRI ASHWIN JAGGI, RAIPUR (CG)

ITA 217/BIL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1343 (ITAT-RAIPUR)
• Duration Of Justice: 1 year(s) 8 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 24-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Gift; Additional evidence; Reasonable cause; Tax effect
• Section: 68

Judgement Text

ITA NO .217 / RPR /201 4 & C.O. NO. 2 4 / RPR / 201 4 ASSESSMEN T Y EAR: 20 06 - 07 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, SMC , RAIPUR [CORAM : PRAMOD KUMAR AM ] ITA NO . 217 / RPR /201 4 AS SESSMENT Y EAR : 20 06 - 07 INCOME TAX OFFICER , WARD 2(4), RAIPUR. .APPELLANT VS. SHRI ASHWINI JAGGI, ... . RESPONDENT OPPOSITE: FARISTA COMPLEX, BYRON BAZAR, RAIPUR (C.G.). [P AN: A CHPJ 5183 A ] C.O. NO. 2 4/RPR/201 4 (IN ITA NO. 217 /RPR/2014) ASSESSMENT YEAR: 20 06 - 07 SHRI ASHWINI JAGGI .APPELLANT OPPOSITE: FARISTA COMPLEX, BYRON BAZAR, RAIPUR (C.G.). [P AN: A CHPJ 5183 A ] VS. INCOME TAX OFFICER, WARD 2(4), RAIPUR. ... . RESPONDENT APPEARANCES BY: D.K. JAIN , FOR THE REVENUE R.B. DOSHI , F OR THE ASSESSEE DATE OF CONCLUDING THE HEAR ING : JUNE 2 3 RD , 201 6 DATE OF PRONOUNCING THE ORDER : JUNE 23 RD , 201 6 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 0 3 .0 7 .2014 , PASSED BY THE LD. CIT(A), FOR THE ASSESSMENT YEAR 20 06 - 0 7 , ON THE FOLLOWING GROUNDS : - ITA NO .217 / RPR /201 4 & C.O. NO. 2 4 / RPR / 201 4 ASSESSMEN T Y EAR: 20 06 - 07 PAGE 2 OF 3 1. WHETHER O N THE FACTS AND CIRCUMSTANCES OF THE CASE THE CIT(A) HAS ERRED IN ADMITTING ADDITIONAL EVIDENCE UNDER RULE 46A IN THE FORM OF BANK STATEMENT/BANK ACCOUNT WITHOUT THERE BEING ANY REASONABLE CAUSE FOR THE ASSESSEE NOT TO HAVE PRODUCED THEM BEFORE THE ASSESSING OFFICER. 2. WHETHER IN LAW AND ON FACTS AND CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) HAS ERRED IN DELETING THE ADDITION U/S. 68 OF THE IT ACT, 1961 OF RS.25,00,000/ - MADE BY THE ASSESSING OFFICER AS GIFT MADE TO WIFE OUT OF UNEXPLAINED SOURCE OF INCOME. 3. THE ORDER OF THE LD. CIT(A) IS ERRONEOUS BOTH IN LAW AND FACTS. 2. I HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/ - . IN VIEW OF THIS UNDISPUTED FACT AND I N THE LIGHT OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CONSIDERED VIEW THAT THIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3. IN THE RE SULT, THE APPEAL IS DISMISSED. 4. IN THE CROSS OBJECTION, THE ASSESSEE HAS RAISED THE FOLLOWING GRIEVANCE: - 1. IN THE FACTS AND CIRCUMSTANCES OF THE CASE, LD. CIT(A) WAS JUSTIFIED IN ADMITTING THE ADDITIONAL EVIDENCE U/R 46A IN THE FORM OF BANK ACCOUNT S & STATEMENTS PRODUCED. 2. LD. CIT(A) WAS JUSTIFIED IN DELETING THE ADDITION OF RS.25,00,000/ - MADE BY THE ASSESSING OFFICER ON ACCOUNT OF GIFT GIVEN TO HIS WIFE SMT. SEEMA JAGGI. 5. AS THE APPEAL ITSELF IS HELD TO BE NON - MAINTAINABLE, THE VERY FOUNDA TION OF CROSS OBJECTION CEASES TO HOLD GOOD IN LAW. THE CROSS OBJECTION IS, THEREFORE, ALSO DISMISSED. ITA NO .217 / RPR /201 4 & C.O. NO. 2 4 / RPR / 201 4 ASSESSMEN T Y EAR: 20 06 - 07 PAGE 3 OF 3 6. IN THE RESULT, APPEAL FILED BY THE REVENUE AND CROSS OBJECTION FILED BY THE ASSESSEE, BOTH ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 23 RD DAY OF JUNE , 2016. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: THE 2 3 RD DAY OF JUNE, 2016 . PBN/* COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR