Smt. Kalawati P. Jaiswal, Ahmedabad V. The Income Tax Officer, Ward-1(2)(2), Ahmedabad

ITA 2572/AHD/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5273 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 3 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 07-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHRILALIT P JAIN
• Assessee Lawyers: SHRIANKITTALSANIA
• Section: 147

Judgement Text

, C - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH C BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER . IT NO.2572/AHD/2016 / ASSTT. YEARS: 2011-12 SMT. KALAWATI P. JAISWAL , 7, BHADRESHWAR SOCIETY, OPP. DELHI DARWAJA, AHMEDABAD. PAN: AARPJ0356M VS. ITO , WARD-1(2)(2), AHMEDABAD / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRIANKITTALSANIA, A.R REVENUE BY : SHRILALIT P. JAIN, SR. D.R ! / DATE OF HEARING : 29/01/2019 '#$ ! / DATE OF PRONOUNCEMENT: 29/01/2019 %& / O R D E R PER PRADIP KUMAR KEDIA- AM : THE CAPTIONED APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX-10, AHMEDAB AD (CIT(A)) DATED 26/07/2016 ARISING FROM THE ASSESSMENT ORDER DATED 29/02/2016 PASSED BY THE ASSESSING OFFICER (AO) UNDER SECTION 147 READ WITH SECTION R.W.S. 143 (3) OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING A.Y. 2011-12. 2. THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE REA DS AS UNDER :- 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS OF THE CASE BY CONFIRMING THE ACTION OF LD. AO IN REOPENING THE AS SESSMENT U/S 147 IT NO. 2572/AHD/2016 A.YR. 2011-12 2 OF THE ACT.UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE THE ACTION OFREOPENING IS WITHOUT JURISDICTION AND NOT PERMISS IBLE EITHER IN LAW OR ON FACTS. THE PRESENT PROCEEDINGS, THEREFORE , ARE REQUIRED TOBE QUASHED. 2. THE LD. CIT(A) HAS ERRED IN LAW AND ON THE FACTS OF THE CASE IN CONFIRMING THE ACTION OF LD. AO IN TREATING LONG T ERM CAPITALGAIN FROM THE SALE OF PROPERTY AS SHORT TERM CAPITAL GAI N. 3. THE LD. CIT(A) ACCORDINGLY HAS ERRED IN LAW AND ON THE FACTS OFTHE CASE IN CONFIRMING THE ACTION OF LD. AO IN MAKING ADDITIONOF RS.67,00,000/- ON ACCOUNT OF DISALLOWANCE OF INDEXA TION BENEFIT. 4. BOTH THE LOWER AUTHORITIES HAVE PASSED THE ORDER S WITHOUT PROPERLY APPRECIATING THE FACT AND THAT THEY FURTHER ERRED I NGROSSLY IGNORING VARIOUS SUBMISSIONS, EXPLANATIONS AND SUBMITTED BY THE APPELLANT FROM TIME TO TIME WHICH OUGHT TO HAVE BEENCONSIDERE D BEFORE PASSING THE IMPUGNED ORDER. THIS ACTION OF THE LOWE R AUTHORITIES IS IN CLEAR BREACH OF LAW AND PRINCIPLES OF NATURAL JU STICE AND THEREFORE DESERVES TO BE QUASHED. 5. THE LEARNED CIT(A) HAS ERRED IN LAW AND ON FACTS OF THE CASE IN CONFIRMING ACTION OF THE LD. AO IN LEVYING INTEREST U/S 234A/B /C OF THE ACT. 6. THE LEARNED CIT(A) HAS ERRED IN LAW AND ON FACTS OF THE CASE IN CONFIRMING ACTION OF THE LD. AO IN INITIATING PENAL TY U/S 271(1)(C)OF THE ACT. 3. WHEN THE MATTER WAS CALLED FOR HEARING THE LD. A.R. FOR THE ASSESSEE COULD NOT SUPPORT ITS GRIEVANCES FOR LACK OF JURISDICTION OF THE AO UNDER SECTION 147 OF THE ACT IN ANY MANNER. NO A RGUMENTS WERE ADVANCED IN THIS REGARD. CONSEQUENTLY GROUND NO. 1 OF THE ASSESSEES APPEAL IS DISMISSED. 4. AS REGARDS GROUND NOS. 2 & 3, IT TRANSPIRED IN T HE COURSE OF THE HEARING THAT THE ISSUE IS PARIMATERIA WITH THE SIMI LAR ISSUE CROPPED UP IN THE CASE OF RELATIVE PANNALALBAIJNATHJAISWAL VS. IT O IN ITA NO. 1142/AHD/2015 ORDER DATED 01/12/2017. THE LD. A.R. FOR THE ASSESSEE COULD NOT CONTROVERT THE AFORESAID FACT. THUS IN TH E LIGHT OF VIEW TAKEN IN PANNALALBAIJNATHJAISWAL, WE DO NOT SEE ANY MERIT IN THE GRIEVANCES OF THE ASSESSEE IN THIS CASE AS WELL. CONSEQUENTLY GRO UND NOS. 2 & 3 OF THE ASSESSEES APPEAL IS DISMISSED. IT NO. 2572/AHD/2016 A.YR. 2011-12 3 5. GROUND NO. 4 IS GENERAL IN NATURE AND DOES NOT C ALL FOR ANY SEPARATE ADJUDICATION. 6. GROUND NOS. 5 & 6 ARE CONSEQUENTIAL AND THAT DOE S NOT CALL FOR ADJUDICATIONAT THIS STAGE. 7. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. [ORDER PRONOUNCED IN THE COURT ON 29 TH JANUARY, 2019.] SD/- SD/- ( MAHAVIR PRASAD ) JUDICIAL MEMBER ( PRADIP KUMAR KEDIA ) ACCOUNTANT MEMBER AHMEDABAD; DATED 29/01/2019 TRUE COPY %& '()*%)$ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. + / THE RESPONDENT. 3. ,, - / CONCERNED CIT 4. - ( ) / THE CIT(A) 5. )./'' , / DR, ITAT, 6. /012 / GUARD FILE. %& / BY ORDER, 3 / ,4 (DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD