Appeal Details
Counselvise Citation
[2016] 132 COUNSELVISE.COM (IT) 2092 (ITAT-PANAJI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 month(s) 25 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
17-05-2016
Appeal Filed By
Assessee
Order Result
Partly Allowed
Bench Allotted
DB
Next Hearing Date
17-05-2016
Assessment Year
1996-1997
Appeal Filed On
22-02-2016
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI N.S. SAINI , HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER ITA NO. 2 7 /P A N/201 6 (ASST. YEAR : 1996 - 97 ) SHRI ABDUL AZEEM LADSAB TELGI, 1461, VIDYA NAGAR, STATION ROAD, KHANAPUR, BELGAUM . VS. D CIT, CENTRAL CIRLCE - 1(1), BANGALORE. PAN NO. AIEPT 4675 L (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE . DEPARTMENT BY : DR. S. SUNDARESAN - DR DATE OF HEARING : 1 7 / 0 5 /201 6 . DATE OF PRONOUNCEMENT : 1 7 / 0 5 /201 6 . O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 11 , BANGALORE IN APPEAL NO. 172 TO 178 & 179 TO 184/CIT(A) - VI/2008 - 09 , DATED 22 /0 7 /201 5 FOR THE ASSESSMENT YEAR 1996 - 97 . 2. NONE REPRESENTED ON BEHALF OF THE ASSESSEE AND DR. S.SUNDARESAN, DEPARTMENTAL REPRESENTATIVE REPRESENTED ON BEHALF OF THE REVENUE. 3 . IT WAS SUBMITTED BY THE DEPARTMENTAL REPRESENTATIVE THAT THE ASSESSEE IS ACCUSED IN THE STAMP PAPERS SCAM AND THE ASSESSMENT 2 ITA NO. 27 /P A N/201 6 ORDERS WERE PASSED , WHEN THE ASSESSEE WAS IN PRISON. THE ASSESSEES INVOLVEMENT IN THE ALLEGED SCAM, SPREAD ACROSS OVER 12 STATES IN INDIA , VARIOUS CASES HAVE BEEN REGISTERED AGAINST HIM IN DIFFERENT STATES AND THE RESPECTIVE INVESTIGATING AGENCIES WERE CARRYING OUT THE INVESTIGATIONS. IT WAS THE SUBMISSION THAT AS THERE WAS ALLEGED ESCAPEMENT OF INCOME, NO T I C E UNDER SECTION 1 48 HAD BEEN ISSUED ON THE ASSESSEE AT CENTRAL JAIL, YERAWADA THROUGH SUPERINTENDENT OF POLICE , CENTRAL JAI L , YERAWADA . THE ASSESSMENT HAD BEEN COMPLETED ON AN ESTIMATED INCOME OF 3 LAC AFTER TAKING INTO CONSIDERATION THE ASSESSEES HOUSEHOLD EXPENSES. IT WAS THE SUBMISSION THAT THE ASSESSEE HAD FILED A RETUR N ORIGINALLY DECLAR ING INCOME FROM BUSINESS OF BRICKS. ON A SPECIFIC QUERY FROM THE BENCH AS TO WHAT ARE THE ESTIMATED HOUS EHOLD EXPENSES AND TELEPHONE EXPEN SES AND THE HOUSEHOLD GOODS , WHICH HAD BEEN C O N S I D E R E D FOR THE ESTIMATION OF 3 LAC, DEPARTMENTAL REPRESENTATIVE HAD NOTHING TO SAY. IT WAS SUBMITTED BY THE DEPARTMENTAL REPRESENTATIVE THAT THE ORDER OF THE ASSESSING OFFICER , AND AS CONFIRMED BY THE COMMISSIONER OF INCOME TAX (APPEALS) , WAS LIABLE TO BE UPHELD. 4 . WE HAVE CONSIDERED THE SUBMISSIONS. ADMITTEDLY, THE ASSESSEE HAS ALSO FILED DECLARATION UNDER VDIS SCHEME AND AFTER TAKING INTO CONSIDERATION, THE VDIS DECL A RED, THE COMMISSIONER OF INCOME TAX (APPEALS) HAS DELETED SOME OF THE ADDITIONS FOR VARIOUS ASSESSMENT YEARS . THESE ARE NOT IN APPEAL BEFORE US EITHER BY THE REVENUE OR THE ASSESSEE. THE ONLY ISSUE IS THE ESTIMATED INCOME OF 3 LAC FOR THE ASSESSMENT YEAR 1996 - 97 AS AGAINST THE ASSESSEES ESTIMA T ED INCOME OF 50,000/ - . C ONSIDERING THE FACT THAT THE ASSESSEE HAS FILED VDIS DECLARATION AND THEY HAVE ALSO BEEN ACCEPTED, WE ARE OF THE VIEW THAT THE ESTIMATION DONE BY THE ASSESSING OFFI CER OF 3 LAC IS ON HIGHER SIDE AND WE REDUCE THE SAME TO 1, 50,000/ - . 3 ITA NO. 27 /P A N/201 6 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE HEARING ON TUESDAY , THE 1 7 TH DAY OF MAY , 201 6 AT GOA . S D / - S D / - (N.S.SAINI) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 1 7 TH MAY , 201 6 . VR/ - COPY TO: 1 . THE ASSESSEE. 2 . THE REVENUE. 3 . THE CIT 4 . THE CIT(A) 5 . THE D.R . 6 . GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., PANAJI
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