Shri Gulab Singh, Chandigarh V. ACIT,Circle, Kurukshetra

ITA 229/CHANDI/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7771 (ITAT-CHANDIGARH)
• Duration Of Justice: 10 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 06-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Unexplained expenditure

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BE NCH A, CHANDIGARH (VIRTUAL COURT) .., !' .. , # $% BEFORE: SHRI. N.K.SAINI, VP & SHRI , R.L. NEGI, JM ITA NO. 229/CHD/2020 ASSESSMENT YEAR : 2015-16 SHRI GULAB SINGH C/O SHRI TEJMOHAN SINGH ADVOCATE, # 527, SECTOR-10D CHANDIGARH THE ACIT CIRCLE, KURUKSHETRA -160047 HARYANA PAN NO: AMPPS2285L APPELLANT RESPONDENT !' ASSESSEE BY : SHRI TEJMOHAN SINGH, ADVOCATE #!' REVENUE BY : SMT. MEENAKSHI VOHRA,ADDL. CIT $ %! & DATE OF HEARING : 18/01/2021 '()*! & DATE OF PRONOUNCEMENT : 18/01/2021 $&/ ORDER PER N.K. SAINI, VICE PRESIDENT THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DT. 02/12/2019 OF THE LD. CIT(A), KARNAL. 2. ASSESSEE HAS RAISED THE FOLLOWING GROUNDS: 1. THAT THE LD. COMMISSIONER OF INCOME TAX(APPEALS) HAS ERRED IN LAW AS WELL AS ON FACTS IN UPHOLDING THE ADDITION OF RS. 10,00, 000/- TREATING THE SAME TO BE UNEXPLAINED EXPENDITURE IN UTTER DISREGARD OF THE E XPLANATIONS AND EVIDENCE PLACED ON RECORD WHICH IS ARBITRARY AND UNJUSTIFIED . 2. THAT THE LD. COMMISSIONER OF INCOME TAX(APPEALS) HAS FAILED TO APPRECIATE THAT ASSESSEE AND HIS FAMILY WAS OWNER O F LARGE AGRICULTURAL LAND HOLDING AND WAS HAVING CASH IN HAND OUT OF THE AGRI CULTURAL INCOME EARNED IN PREVIOUS YEARS AND PAST SAVINGS AND AS SUCH THE ORD ER PASSED IS ARBITRARY AND UNJUSTIFIED. 3. THAT THE LD. COMMISSIONER OF INCOME TAX(APPEALS) HAS FURTHER ERRED IN UPHOLDING THE ADDITION OF RS. 16,77,242/- MADE BY A SSESSING OFFICER TREATING 15% 2 OF THE EXPENDITURE INCURRED ON ACCOUNT OF REMOVAL O F ENCROACHMENT OF JHUGGIS AND SHOPS TO BE UNEXPLAINED IN UTTER DISREGARD OF T HE EXPLANATIONS RENDERED WHICH IS ARBITRARY AND UNJUSTIFIED. 4. THAT THE LD. COMMISSIONER OF INCOME TAX(APPEALS) HAS FURTHER ERRED IN UPHOLDING THE ADDITION OF RS.2,01,100/- MADE BY ASS ESSING OFFICER TREATING 50% OF THE EXPENDITURE INCURRED ON ACCOUNT OF PROFESSIONAL FEES FOR TITLE SEARCH TO BE UNEXPLAINED IN UTTER DISREGARD OF THE EXPLANATIONS RENDERED WHICH IS ARBITRARY AND UNJUSTIFIED. 5. THAT THE APPELLANT CRAVES LEAVE TO ADD OR AMEND THE GROUNDS OF APPEAL BEFORE THE APPEAL IS FINALLY HEARD OR DISPOSED OFF. 6. THAT THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IS ERRONEOUS, ARBITRARY, OPPOSED TO LAW AND FACTS OF T HE CASE AND IS, THUS, UNTENABLE. 3. LD. COUNSEL FOR THE ASSESSEE FURNISHED AN APPLIC ATION STATING THEREIN AS UNDER: IN THE MATTER OF ITA NO. 229/CHANDI/2020 RELATING T O THE ASSESSMENT YEAR 2013-16 FIXED FOR HEARING FIXED FOR HEARING ON THE 4 TH OF JANUARY 2021. APPLICATION FOR WITHDRAWAL OF APPEAL. RESPECTFULLY SHOWETH AS UNDER: THE ABOVEMENTIONED APPEAL IS FIXED FOR HEARING ON T HE 4 LH OF JANUARY. 2021. THE ASSESSEE HAS MOVED AN APPLICATION UNDER ' THE DIRECT TAX VIVAD SE VISHWAS' SCHEME WHICH HAS BEEN ANNOUNCED BY THE GOVERNMENT AND SETTLE THE TAX DISPUTE. THE INCOME LAX DEPARTMENT H AS SINCE ISSUED FORM - 3 AND AS SUCH, THE ASSESSEE MAY BE GIVEN PERMISSION TO WITHDRAW THE APPEAL SUBJECT TO PAYMENT OF TAXES BY 31.03.2021 AS COMPUTED BY THE DEPARTMENT. COPY OF FORM - 3 IS ENCLOSED HEREWITH. SD/- (TEJMOHAN SINGH) ADOVCATE FOR. SH. GULAB SINGH, CHANDIGARH 4. DURING THE COURSE OF HEARING THE LD. COUNSEL FOR THE ASSESSEE REITERATED THE CONTENTS OF THE AFORESAID APPLICATIO N AND SUBMITTED THAT IN 3 CASE THE DEPARTMENT DOES NOT ACCEPT THE SAID APPLIC ATION, THE ASSESSEE MAY BE GIVEN LIBERTY TO APPROACH THE ITAT FOR RESTO RING THIS APPEAL. 5. LD. CIT DR DID NOT OBJECT TO THE AFORESAID CONTE NTION OF THE LD. COUNSEL FOR THE ASSESSEE. 6. IN VIEW OF THE ABOVE THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN WITH A RIDER THAT IN CASE THE DEPARTMENT DOES NOT ACCEPT THE APPLICATION OF THE ASSESSEE UNDER VIVAD SE VISHWAS SCHEME, ACT 2020, THE ASSESSEE IS AT LIBERTY TO MOVE AN APPLICATION B EFORE THE ITAT, CHANDIGARH BENCH FOR RESTORING THIS APPEAL. 7. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. (ORDER PRONOUNCED IN THE OPEN COURT ON 18/01/2021) SD/- SD/- .. .., (R.L. NEGI ) ( N.K. SAIN I) # $%/ JUDICIAL MEMBER / VICE PRESIDENT AG DATE: 18/01/2021 (+! ,-.- COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. $ / CIT 4. $ / 01 THE CIT(A) 5. -2 45&456789 DR, ITAT, CHANDIGARH 6. 8:% GUARD FILE