The ACIT, Circle-1(1), Surat V. Shri Ranbirsain Goyal, Surat

ITA 2229/AHD/2005

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 1751 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2009
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 14-12-2009
• Assessment Year: 2002-2003
• Appeal Filed On: 21-10-2005
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NEETA SHAH
• Assessee Lawyers: MANISH MAL
• Keywords: Retraction
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD A BENCH (BEFORE DR.O.K. NARAYANAN, VICE-PRESIDENT AND SHRI MAHAVIR SINGH, JUDICIAL MEMBER) ITA NO.2229/AHD/2005 [ASSTT.YEAR: 2002-2003] ACIT, CIR.1(1) SURAT. VS. SHRI RABIRSAIN GOYAL 701, TRIVIDH CHAMBERS, RING ROAD, SURAT. REVENUE BY : SMT. NEETA SHAH ASSESSEE BY : SHRI MANISH MALPANI DATE OF ORDER RESERVED : 14-12-2009 O R D E R PER DR.O.K. NARAYANAN, VICE-PRESIDENT : THIS APPEAL IS FILED BY THE REVENUE FOR THE ASSESSMENT YEAR 200 2-2003. THIS APPEAL IS DIRECTED AGAINST THE ORDER OF THE CIT(A)- IV, SURAT DATED 27-7-2005. THE APPEAL ARISES OUT OF THE ASSESSMENT COMPLETED UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961. 2. IN THE PRESENT CASE, THERE WAS AN ADMISSION OF A DDITIONAL INCOME TO THE EXTENT OF RS.36,70,000/-. BUT WHEN T HE RETURN OF INCOME WAS FILED, THE ADDITIONAL INCOME RETURNED WA S ONLY RS.25 LAKHS. IN THE ASSESSMENT, THE DIFFERENTIAL AMOUNT OF RS.11,17,000/- WAS ADDED BY THE AO. IN THE FIRST APPEAL, THE ABOV E ADDITION WAS DELETED BY THE CIT(A). THE REVENUE IS AGGRIEVED AN D THEREFORE THIS APPEAL BEFORE US. PAGE - 2 ITA NO.2229/AHD/2005 -2- 3. THE RELEVANT GROUNDS RAISED BY THE REVENUE IN TH IS APPEAL ARE AS FOLLOWS: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LD.CIT(A)-I, SURAT HAS ERRED IN DIRECTING TO DELETE THE ADDITION OF RS.11,70,000/- MADE ON ACCOUNT OF FAILU RE OF THE ASSESSEE TO OFFER FULL AMOUNT OF DISCLOSURE FOR TAX ATION AS PER STATEMENT ON OATH GIVEN U/S.133A(3)(III). 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD.CIT(A)-I, SURAT HAS ERRED IN IGNORING T HE FACT THAT THE RETRACTION MADE WAS CONTRADICTORY TO THE STATEM ENT RECORDED ON OATH DURING THE COURSE OF SURVEY PROCE EDINGS AND, THEREFORE, UNACCEPTABLE. 4. WE HEARD SMT.NEETA SHAH, THE LEARNED ADDL. COMMI SSIONER OF INCOME-TAX APPEARING FOR THE REVENUE AND THE CHARTE RED ACCOUNTANT APPEARING FOR THE RESPONDENT ASSESSEE. 5. THE FACTS AND CIRCUMSTANCES LEADING TO THE ISSUE RAISED IN THE PRESENT APPEAL ARE EXACTLY THOSE WHICH WE HAVE ALRE ADY BEEN CONSIDERED IN THE CONNECTED APPEAL FILED IN THE CAS E OF SHRI RAJENDRA P. GOYAL IN ITA NO.2228/AHD/2005. THE SAID APPEAL HAS BEEN DISPOSED BY US THROUGH THE ORDER OF EVEN DATE. REL YING ENTIRELY ON THE REASONING GIVEN IN THE SAID ORDER, WE STRAIGHT AWAY GO TO FIX THE QUANTUM OF ADDITIONAL INCOME TO BE ASSESSED IN THIS FILE. THE ASSESSEE HAS ALREADY OFFERED AN AMOUNT OF RS.25,00, 000/- AGAINST THE DECLARATION OF RS.36,70,000/-. WE DIRECT THE AO TO MAKE A FURTHER ADDITION OF RS.3,00,000/- TOWARDS ADDITIONAL INCOME . THE APPEAL FILED BY THE REVENUE IS PARTLY ALLOWED TO THIS EXTE NT. A COPY OF THE PAGE - 3 ITA NO.2229/AHD/2005 -3- ORDER PASSED BY THE TRIBUNAL IN THE CASE OF SHRI RA JENDRA P. GOYAL IN ITA NO.2228/AHD/2005 OF EVEN DATE WILL BE ANNEXED T O THIS ORDER. THE ORDER IN THE IMPUGNED FILE HAS TO BE READ ALONG WITH THE ANNEXED ORDER. 6. IN THE RESULT, THIS APPEAL FILED BY THE REVENUE IS PARTLY ALLOWED. ORDER PRONOUNCED ON WEDNESDAY, THIS 16 TH DAY OF DECEMBER, 2009. (MAHAVIR SINGH) JUDICIAL MEMBER (DR.O.K. NARAYANAN) VICE-PRESIDENT PLACE : AHMEDABAD DATE : 16-12-2009 COPY OF THE ORDER FORWARDED TO: 1) : ASSESSEE 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR, ITAT, AHMEDABAD