Chandra Shekhar Mishra, Dhanbad V. ITO, Ward-1(2), Dhanbad

ITA 272/RAN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8708 (ITAT-RANCHI)
• Duration Of Justice: 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-07-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 08-11-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Gift
• Section: 234B; 201; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH E COURT AT KOLKATA BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER ITA NO. 272 / RAN / 201 9 ASSESSMENT YEAR :2016-17 CHANDRA SHEKHAR MISHRA PLOT NO. 403, SHRADHA APPT., ABHAY SUNDARI GIRLS SCHOOL ROAD, HIRAPUR, DHANBAD-826001 [ PAN NO.AETPM 6147 B ] V/S . INCOME TAX OFFICER, WARD-1(2), AAYKAR BHAWAN, LUBY CIRCLAR ROAD, DHANBAD-826001 /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI M.K.CHOWDHURY, ADVOCATE /BY RESPONDENT SHRI A.K. MOHANTI, ADDL. CIT-SR-DR /DATE OF HEARING 21-07-2020 /DATE OF PRONOUNCEMENT 21-07-2020 / O R D E R PER BENCH (ORAL):- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2016-17 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-DHANBADS ORDE R DATED 05.09.2019 PASSED IN CASE NO. CIT(A), DHANBAD/10069/2018-19, I NVOLVING PROCEEDINGS U/S143(3) THE INCOME TAX ACT, 1961; IN SHORT THE A CT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES FORMER SUBSTANTIVE GROUND SEEKS T O REVERSE BOTH THE LOWER AUTHORITIES ACTION DISALLOWING GIFT OF 6 LAKH RECEIVED FROM HIS FATHER DURING THE COURSE OF ASSESSMENT AND RESTRICTED TO 2 LAKH IN THE CIT(A)S LOWER APPELLATE ORDER. BOTH THE REPRESENTATIVES FAI L TO DISPUTE THE CLINCHING FACT ITA NO.272/RAN/2019 A.Y. 2016-17 CHANDRA SEKHAR MISHRA VS. ITO WD-1(2), DHA NBAD PAGE 2 THAT NEITHER PARTYS SUBMISSIONS DESERVE TO BE ACCE PTED IN ENTIRETY SINCE THIS TAXPAYER HAS FAILED TO DISCHARGE HIS BURDEN OF PROV ING THE FULL GIFT CLAIM AND IN VIEW OF THE FACT THAT THE IMPUGNED GIFT HAS COME FR OM HIS FATHER ONLY. BE THAT AS IT MAY, WE DEEM IT APPROPRIATE IN THESE PECULIAR FACTS THAT A LUMP SUM ADDITION AMOUNT OF 1 LAKH WOULD BE JUST AND PROPER. THE ASSESSEE GETS PART RELIEF OF 1 LAKH ACCORDINGLY. SECTION 234B INTEREST SHALL BE COMPUTED KEEPING IN MIND HON'BLE JURISDICTIONAL HIGH COURTS DECISIO N IN AJAY PRAKASH VERMA VS. ITO (2010) TA NO. 38 OF 2010 REPORTED IN 2013(1) TMI 140 IN CONSEQUENTIAL COMPUTATION AS PER LAW. 3. THIS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOV E TERMS. ORDER PRONOUNCED IN OPEN COURT AT THE CLOSE OF HEAR ING ON TUESDAY 21 ST JULY, 2020 SD/- SD/- ( ') ($% ') (DR. A.L. SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) *DKP SR.P.S. &- 21 / 07/ 20 20 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-CHANDRA SHEKHAR MISHRA, PLOT NO. 403, SH RADHA APPT., ABHAY SUNDARI GIRLS SCHOOL ROA D, HIRAPUR, DHANBAD-826001 2. /RESPONDENT-INCOME TAX OFFICER, WD-1(2), AAYKAR BHA WAN, LUBY CIRCULAR ROAD DHANBAD-826001 3. 0 3 / CONCERNED CIT RANCHI 4. 3- / CIT (A) RANCHI 5. 6 %%0, 0, / DR, ITAT, RANCHI 6. < / GUARD FILE. BY ORDER/ , /TRUE COPY/ 0,