The Income Tax Officer, Kanpur V. S/Shri K.K Goenka, Govind Pd. Goenka, Vinod Kumar Goenka, Smt. Beena Goenka, Kanpur

ITA 2570/LKW/1992

• Counselvise Citation: 257023714 RSA 1992
• Duration Of Justice: 21 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2014
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 28-01-2014
• Assessment Year: 1986-1987
• Appeal Filed On: 08-12-1992
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ALOK MITRA
• Assessee Lawyers: S K GARG SHRI P K KAPOOR

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.2570/ALLD/92 A.Y.:86 - 87 INCOME TAX OFFICER, WARD - 1(6), KANPUR. VS. S/SHRI K. K. GOENKA, GOVIND PD. GOENKA, VINOD KUMAR GOENKA, SMT. BEENA GOENKA, 316 ANANDPURI, KANPUR. PAN: (APPELLANT) (RESPONDENT) APPELLANT BY SHRI ALOK MITRA, D.R. RESPONDENT BY SHRI S. K. GARG, ADVOCATE SHRI P. K. KAPOOR, C.A. DATE OF HEARING 28/01/2014 DATE OF PRONOUNCEMENT 3 1 /01/2014 O R D E R PER A. K. GARODIA, A.M. THIS IS REVENUES APPEAL DIRECTED AGAINST THE ORDER OF LEARNED CIT ( A ) I , KANPUR DATED 30/09/1992 FOR ASSESSMENT YEAR 86 - 87. 2. THE GROUNDS RAISED BY THE REVENUE ARE AS UNDER: 1. THAT THE LEARNED CIT(A) HAS ERRED IN LAW AND ON FACTS IN QUASHING THE ASSESSMENT MADE IN THE STATUS OF A.O.P. IGNORING HIS OWN FINDINGS GIVEN IN ORDER DATED 07/03/91 FOR THE ASSESSMENT YEAR 84 - 85 AND 85 - 86 THROUGH WHICH THE STATUS OF THE ASSESSEE WAS D IRECTED TO BE TAKEN AS THAT OF AN A.O.P. 2. THAT THE LEARNED CIT(A) HAS ERRED IN LAW AND ON FACTS IN HOLDING THAT THE ASSESSING OFFICER IS NOT COMPETENT TO ASSESS A.O.P. SEPARATELY, IGNORING THE FACTS THAT THE ASSESSMENTS IN CASE OF THE MEMBERS OF THE A.O .P. WERE MADE ON PROTECTIVE BASIS. 2 3. THAT THE ORDER OF THE LEARNED CIT ( A) BEING ERRONEOUS IN LAW AND ON FACTS OF THE CASE DESERVES TO BE VACATED AND THE ORDER OF THE ASSESSING OFFICER DESERVES TO BE RESTORED. 3. LEARNED D.R. OF THE REVENUE SUPPORTED T HE ASSESSMENT ORDER WHEREAS IT IS SUBMITTED BY LEARNED A.R. OF THE ASSESSEE THAT IN THE HANDS OF THE PRESENT ASSESSEE I.E. A.O.P., THE ADDITION WAS MADE BY THE ASSESSING OFFICER ON THE BASIS OF THE INCOME DETERMINED ON PROTECTIVE BASIS IN THE CASE OF SHRI K. K. GOENKA AT RS.2,44,092/ - AND IN THE CASE OF SHRI VINOD KUMAR GOENKA AT RS.7,87,166/ - TOTALING TO RS.10,31,259/ - . HE FURTHER SUBMITTED THAT HE IS NOT AWARE ABOUT THE AMOUNT OF INCOME FINALIZED IN THE HANDS OF SHRI K. K. GOENKA BUT IN THE HANDS OF SHRI VINOD KUMAR GOENKA , THE ASSESSED INCOME WAS FIRST REDUCED BY THE ASSESSING OFFICER HIMSELF AS PER ORDER PASSED BY HIM ON 10/03/2003 U/S 143(3)/253 OF THE ACT AS PER TRIBUNAL DIRECTION AND THE COPY OF THIS ORDER IS AVAILABLE ON PAGES 19 TO 23 OF THE PAPER BOOK . A S PER THIS, THE INCOME WAS DETERMINED AT RS.5,62,060/ - . HE FURTHER SUBMITTED THAT AGAINST THE ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER, THE ASSESSEE PREFERRED APPEAL BEFORE THE CIT(A) WHO HAS ALLOWED FURTHER RELIEF OF RS.2,32,656/ - AS PER OR DER OF CIT(A) DATED 11/10/2004 AVAILABLE ON PAGE 24 TO 27 OF THE PAPER BOOK. HE SUBMITTED THAT THE INCOME ADDED BY THE ASSESSING OFFICER IN THE HANDS OF THIS A.O.P. ASSESSEE ON ACCOUNT OF INCOME OF SHRI VINOD KUMAR GOENKA SHOULD BE REDUCED ACCORDINGLY AT RS.3,29,404/ - . 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND WE FIND THAT ADMITTEDLY THE INCOME ASSESSED IN THE HANDS OF THE PRESENT ASSESSEE AT RS.10,31,259/ - IS ON THE BASIS OF ASSESSED INCOME ON PROTECTIVE BASIS IN THE HANDS OF SHRI K. K. GOENKA AT R S.2,44,092/ - AND IN THE HANDS OF SHRI VINOD KUMAR GOENKA AT RS.7,87,166/ - . S UCH ASSESSED INCOME IN THE HANDS OF SHRI VINOD KUMAR GOENKA STANDS REDUCED TO RS.3,92,404/ - BECAUSE OF RELIEF ALLOWED BY THE ASSESSING OFFICER HIMSELF IN THE FRESH ASSESSMENT FRAMED BY HIM AS PER 3 TRIBUNAL DIRECTION AND FURTHER RELIEF ALLOWED BY LEARNED CIT (A). HENCE , THE ASSESSED INCOME IN THE HANDS OF THE PRESENT A.O.P. ASSESSEE SHOULD ALSO BE REDUCED ACCORDINGLY IN RESPECT OF INCOME ASSESSED IN THE HANDS OF SHRI V. K. GOENKA ON PROTECTIVE BASIS. HOWEVER, INCOME ASSESSED IN THE HANDS OF THE PRESENT ASSES SEE A.O.P. IN RESPECT OF INCOME ASSESSED IN THE HANDS OF SHRI K. K. GOENKA ON PROTECTIVE BASIS WILL REMAIN UNCHANGED BECAUSE THE ASSESSEE COULD NOT BRING ANYTHING ON RECORD TO SHOW THAT SUCH INCOME WAS REDUCED IN HIS HANDS. ACCORDINGLY, WE HOLD THAT IN TH E PRESENT CASE, TOTAL INCOME TO BE ASSESSED SHOULD BE RS. 5 ,73,49 6 / - INCLUDING INCOME IN RESPECT OF SHRI K. K. GOENKA RS.2,44,092/ - AND INCOME IN RESPECT OF SHRI V. K. GOENKA AT RS.3,29,404/ - . WE HOLD ACCORDINGLY. 5. IN THE RESULT, THE APPEAL STANDS PARTL Y ALLOWED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 3 1 /01/2014. *C.L.SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R., I.T.A.T., LUCKNOW ASSTT. REGISTRAR