Smt. Maheshwari Devi, Deoghar V. ITO, Deoghar

ITA 259/RAN/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0251 (ITAT-RANCHI)
• Duration Of Justice: 5 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 01-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 148; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH SMC RANCHI BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.259/RAN/2019 ASSESSMENT YEAR:2010-11 SMT. MAHESHWARI DEVI W/O SHRI DEO NARAYAN PARIHAST, DHANUK TOLA, JOUSAGARHI, DEOGHAR, PIN-815353 [ PAN NO.BXFPD 8254 C ] / V/S . INCOME TAX OFFICER, WARD-3(1), SRIKRISHNAPURI, B/S SBI TRAINING CENTRE, WILLIAMS TOWN, DEOGHAR- 814113 /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI DEVESH PODDAR, ADVOCATE /BY RESPONDENT SRI AJAY KUMAR, ADDL. CIT-DR /DATE OF HEARING 06-03-2020 /DATE OF PRONOUNCEMENT 06-03-2020 /O R D E R (ORAL) THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2010-11 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-DHANBADS ORDE R DATED 09.08.2019 PASSED IN CASE NO. CIT(A),DHANBAD/10102/2017-18, INVOLVING P ROCEEDINGS U/S. 144 R.W.S. 147 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. LEARNED COUNSEL SUBMITS THE ASSESSING OFFICERS RE-OPENING REASONS READ AS UNDER:- 03.03.2016. INFORMATION IS RECEIVED FROM THE DDIT(INV), DHANBA D VIDE F.NO. DDIT(INV)/DHN/T392X/2015-16/1318 DATED 28 TH MARCH, 2016 THAT SMT. MAHESHWARI DEVI W/O SHRI DEO NARAYAN PARI HAST, ITA NO.259/RAN/2019 A.Y. 2010-11 SMT. MAHESHWARI DEVI VS. ITO WD-3( 1),DEOGHAR P AGE 2 DHANUKDTOLA, DEOGHAR HAS SOLD 35 ACRES LAND AMOUNTI NG TO RS. ONE CRORE BUT INCOME TAX RETURN HAS NOT FILED FOR THE A .Y 2009-10. HE HAS INVESTED HUGE AMOUNT IN LAND DURING THE YEAR . SOME OF THESE LAND PROPERTIES HAVE ALSO BEEN SOLD DURING TH E YEAR AND EARNING LAKHS OF RUPEES FROM THESE SALE TRANSACTION WHICH N EED TO BE VERIFIED. IN VIEW OF THE ABOVE FACTS, I HAVE REASON TO BELIEV E THAT THE INCOME FROM SALE OF LAND HAVE ESCAPED FROM ASSESSME NT. THEREFORE, IT IS NECESSARY TO ISSUE NOTICE U/S 148 OF THE INCOME TAX ACT,1961 TO ASSESS THE INCOME OF THE ASSESSEE FOR THE A.Y 2009-10. SINCE MORE THAN FOUR YEARS HAVE BEEN PASSED FROM TH E END OF THE RELEVANT ASSESSMENT YEAR AND TAX EFFECT ON INCOME E SCAPING ASSESSMENT IS MORE THAN ONE LAH. HENCE, THE APPROVAL OF PR. CO MMISSIONER OF INCOME TAX IS NECESSARY. THEREFORE, THE PROPOSAL IS BEING SENT TO THE PR. COMMISSIONER OF INCOME TAX, DHANBAD FOR KIND PERUSA L AND APPROVAL. 3. LEARNED DEPARTMENTAL REPRESENTATIVE FAILS TO DIS PUTE THAT THE ASSESSING OFFICER HAD HIMSELF MADE IT CLEAR THAT THE ISSUE OF THE COR RESPONDING SALE TRANSACTIONS REQUIRED TO BE VERIFIED. I FIND IN THIS BACKDROP THAT HON'BL E GUJARAT HIGH COURTS JUDGMENT IN PRINCIPAL COMMISSIONER OF INCOME TAX-5 VS. MANZIL D INESHKUMAR SHAH (2018) 406 ITR 326 (GUJ) HOLDING THAT ASSESSING OFFICER CANNOT TAKE RECOURSE THE IMPUGNED PROCEEDINGS JUST FOR THE PURPOSE OF VERIFICATION AS HAS BEEN UPHELD UP TO THE HON'BLE APEX COURT IN PRINCIPAL COMMISSIONER OF INCOME TAX-5 VS. MANZIL D INESHKUMAR SHAH (2019) 101 TAXMANN.COM 259 (SC) I ADOPT THE VERY RE ASONING MUTATIS MUTANDIS HEREIN TO QUASH THE IMPUGNED ASSESSMENT. ALL OTHER PLEADINGS ON MERITS ARE RENDERED INFRUCT UOUS. 4. THIS ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT AT THE CLOSE OF HEAR ING ON FRIDAY , 6 TH MARCH, 2020 SD/- ( #) (S.S. GODARA) JUDICIAL MEM BER *DKP/SR.PS % - 06/03/2020 ITA NO.259/RAN/2019 A.Y. 2010-11 SMT. MAHESHWARI DEVI VS. ITO WD-3( 1),DEOGHAR P AGE 3 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-SMT. MAHESHWARI DEVI W/O SHRI DEO NARAYA N PARIHAST DHANUK TOLA, J OUSAGARHI, DEOGHAR-815353 2. /RESPONDENT-ITO WARD-3(1), SRIKRISHNAPURI, B/H SBI TRAINING CENTRE, WILLIAMS TOWN, DEOGHAR-813113 3. ) , / CONCERNED CIT 4. , - / CIT (A) 5. - ) , ) / DR, ITAT, RANCHI 6. 1 / GUARD FILE. BY ORDER/ , SR. PRIVATE SECRETARY/P.S (ON TOUR) ),