Shri Prakash Pillai, Baroda V. The Income Tax Officer, Ward-3(2), Baroda

ITA 2552/AHD/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8183 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 22-05-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 16-09-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD BEFORE, SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI S. S. GODARA, JUDICIAL MEMBER ITA NO. 2552/AHD/2014 (ASSESSMENT YEAR: 2008-09) PRAKASH PILLAI 9/E, SUPERMAN SOCIETY, SUBHANPURA, BARODA APPELLANT VS. INCOME TAX OFFICER, WARD-3(2), BARODA RE SPONDENT PAN: AGBPP 8524 L /BY ASSESSEE : --NONE-- /BY REVENUE : PRAJNA PARAMITA, SR. D.R. /DATE OF HEARING : 16.11.2017 /DATE OF PRONOUNCEMENT : 21.11.2017 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2008-09 ARISES AGAINST THE CIT(A)-II, BARODAS ORDER DATED 17.06.2014 IN CASE NO. CAB/II-382/10-11, UPHOLDING THE ASSESSING OFFICER SECTION MAKING ADDI TION OF RS.12,00,000/- IN ITA NO. 2552/AHD/14 [PRAKASH PILLAI VS. ITO] A.Y. 2008-09 - 2 - ASSESSMENT ORDER DATED 27.12.2010, IN PROCEEDINGS U /S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. CASE CALLED TWICE. NONE APPEARS AT ASSESSEES. THE REGISTRY HAS BEEN SENDING RPAD NOTICES FROM TIME TO TIME. TODAY IS 9 TH OPPORTUNITY OF HEARING IN THE INSTANT APPEAL. NOBODY HAS APPEARED OR FILED POWER OF AUTHORIZATION AT ASSESSEES BEHEST. WE THEREFORE PROCEEDS EX PARTE TO ADJUDICA TE THE INSTANT APPEAL. HEARD LD. DEPARTMENTAL REPRESENTATIVE. CASE FILE PE RUSED 2. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE IN THE INSTANT APPEAL SEEKS TO CHALLENGE THE ABOVE ADDITION OF RS.12,00,000/- MADE BY BOTH THE LOWER AUTHORITIES REJECTING HIS CLAIM TO HAVE RECEIVED THE SAME AS A CONFIRMING PARTY. WE NOTICE FROM THE ASSESSMENT ORDER THAT THE ASSESSEE HAD SOL D IMMOVABLE PROPERTY FOR RS.1.4 CRORES ALONGWITH OTHER CO-OWNERS. THE ASSESSING OFF ICER SOUGHT FOR NECESSARY DETAILS AS WELL AS SALE DEED IN QUESTION FOR THE PU RPOSE OF COMPUTING CAPITAL GAINS. THE ASSESSEE APPEARS TO HAVE FILED COPY OF PURCHASE AGREEMENT ONLY DATED 07.08.2002 IN LIEU OF PAYMENT OF RS.1,00,000/- WITH OUT ANY SALE DEED. IT TRANSPIRE THAT HE HAD ONLY APPEARED AS A CONFIRMING PARTY FOR GETTING THE AMOUNT IN QUESTION OF RS.12,00,000/-. THIS MADE THE ASSESSING OFFICER TO CONCLUDE THAT NEITHER THE ASSESSEE HAD DISCLOSED THE ABOVE AMOUNT IN HIS RETU RN VEHEMENTLY NOR HE HAD BEEN ABLE TO PROVE THE RELEVANT TRANSACTION. HE THEREFOR E TREATED THE ABOVE AMOUNT AS TAXABLE INCOME PERTAINING TO THE IMPUGNED ASSESSMEN T YEAR RESULTING IN THE ADDITION BEFORE US AMOUNTING TO RS.12,00,000/- AS CONFIRMED IN LOWER APPELLATE PROCEEDINGS. 3. WE HAVE GIVEN OUR THANKFUL CONSIDERATION TO ASSE SSEES PLEADS. THERE IS NO MATERIAL IN THE CASE FILE WHICH COULD REBUT BOTH TH E PARTIES ACTION MAKING THE IMPUGNED ADDITION ON THE GROUND AT THE ASSESSEE HAD NOT SOLD THE PROPERTY IN QUESTION BUT ACTED AS A MERE CONFIRMING PARTY. THE ASSESSEE HAS FURTHER FAILED TO PROVE VERACITY OF PURCHASE AGREEMENT DATED 07.08.20 02 IN QUESTION BY WAY OF COGENT SUPPORTIVE EVIDENCE. WE THEREFORE FIND NO R EASON TO UPSET BOTH THE LOWER ITA NO. 2552/AHD/14 [PRAKASH PILLAI VS. ITO] A.Y. 2008-09 - 3 - AUTHORITIES ACTION MAKING THE IMPUGNED ADDITION OF RS.12,00,000/-. THE SAME IS ACCORDINGLY CONFIRMED. 3. THIS ASSESSEES APPEAL IS DISMISSED. [PRONOUNCED IN THE OPEN COURT ON THIS THE 21 ST DAY OF NOVEMBER, 2017.] SD/- SD/- ( N. K. BILLAIYA ) ( S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL M EMBER AHMEDABAD: DATED 21/11/2017 PRITI YADAV, SR.PS / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 45 / GUARD FILE. BY ORDER / . // . /0 TRUE COPY