Shanti Devi, Lakhisarai V. ITO, Ward-2(5), Lakhisarai

ITA 287/PAT/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6319 (ITAT-PATNA)
• Duration Of Justice: 1 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 16-11-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: AJAY KUMAR CITSRDR
• Keywords: Unexplained investment
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH VIRTUAL HEARING E COURT AT KOLKATA BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR.A.L. SAINI, ACCOUNTANT MEMBER ITA NO. 286 - 291 / PAT / 2018 ASSESSMENT YEARS : 2010-11 TO 2015-16 SHANTI DEVI BAZAR SAMAITI, SHANTI COMPLEX LAKHISARAI- 811311 [ PAN NO.AFHPD 5674 F ] V/S . INCOME TAX OFFICER WARD-2(5), LAKHISARAI /APPELLANT .. / RESPONDENT /BY ASSESSEE NONE /BY REVENUE SHRI AJAY KUMAR, ADDL. CIT-SR-DR /DATE OF HEARING 15-09-2020 /DATE OF PRONOUNCEMENT 15-09-2020 / O R D E R PER BENCH (ORAL):- THESE SIX ASSESSEES APPEALS FOR ASSESSMENT YEAR(S ) 2010-11 TO 2015- 16 ARISE AGAINST THE COMMISSIONER OF INCOME TAX (AP PEALS)-BHAGALPURS SEPARATE ORDER(S) DATED 30.12.2016 & 18.03.2016 INV OLVING PROCEEDINGS U/S 147 R.W.S. 143(3) OF THE INCOME TAX ACT, 1961; IN S HORT THE ACT. CASES CALLED TWICE. NONE APPEARS AT THE ASSESSEES BEHEST. IT IS ACCORDINGLY PROCEEDED EX PARTE . THE CASES ARE NOW TAKEN UP FOR ADJUDICATION ON MERITS. 2. WITH THE ABLE ASSISTANCE OF THE LEARNED JCIT, AD DL. CIT-DR, MR. AJOY KUMAR, WE NOTICE AT THE OUTSET THAT ASSESSEES SOLE SUBSTANTIVE GRIEVANCE RAISED IN ALL THESE SIX INSTANT APPEALS CHALLENGE C ORRECTRNESS OF BOTH THE LOWER AUTHORITIES ACTION ADDING ALLEGED UNEXPLAINED INVES TMENTS IN THE NATURE OF COST OF CONSTRUCTION MADE IN INVOLVING SUMS OF 5,60,834/-, 5,98,364/- 4,91,422/-, ITA NOS.286-291/PAT/2018 A.YS.2010-11 TO 2015-16 SHANTI DEVI VS. ITO WD-2(5), LAKHISARAI PAGE 2 4,61,743/-, 4,38,352/- & 6,36,456/-; RESPECTIVELY (ASSESSMENT YEAR-WISE) . LEARNED DEPARTMENTAL REPRESENTATIVE HAS INVITED OUR ATTENTION TO BOTH THE LOWER AUTHORITIES DETDAILED DISCUSSION GOING BY THE DVOS REPORT INDICATING THE UNEXPLAINED INVESTMENTS IN ISSUE. HE FAILS TO DISPU TE THE CLINCHING FACT THAT NEITHER OF THE LOWER AUTHORITIES AS WELL AS DVO HAV E NOT TAKEN INTO CONSIDERATION THE ASSESSEES VARIOUS FACTORS AS WEL L AS SELF-SUPERVISION AND CHEAP LABOUR RATE(S) FORMING MAJORITY OF THE IMPUGN ED EXPENSES. WE THEREFORE APPLY THUMB RULE TO RESTRTICT THE IMPUGNED ESTIMATE D COST OF CONSTDRUCTION ADDITION TO THE EXTENT OF 60% IN ALL THESE ASSESSME NT YEARS WITH A RIDER THAT SAME SHALL NOT BE TAKEN AS A PRECEDENT IN ANY OTHER . LEARNDED ASSESSING OFFICER IS DIRECTED TO FRAME CONSEQUENTIAL COMPUTAT ION AS PER LAW. 3. THESE ASSESSEES SIX ASPPEALS IN ITA NO. 286 TO 291/PAT/2018 ARE PARTLY ALLOWED IN ABOVE TERMS. A COPY OF THE INSTANT COMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILE(S) . ORDER PRONOUNCED IN OPEN COURT AT THE CLOSE OF HEAR ING ON TUESDAY 15 TH SEPTEMBER, 2020 SD/- SD/- ( ) (&' ) (A.L. SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) *DKP SR.P.S. (- 15 / 09 /20 20 /KOLKATA / COPY OF ORDER FORWARDED TO:- 1. / ASSESSEE-SHANTI DEVI BAZAR SAMITI, SHANTI COMPLEX LAKHISARAI-811311 2. /REVENUE-ITO WARD-2(5), LAKHISARAI 3. 2 4 / CONCERNED CIT PATNA 4. 4- / CIT (A) PATNA 5. 8 ''2, 2 , / DR, ITAT, PATNA 6. > / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR. PRIVATE SECRETARY, HEAD OF OFFICE/DDO 2,