SRI BHAGWATI PRASAD MODI, Dhanbad V. ITO WARD-1(2), DHANBAD

ITA 30/RAN/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 1740 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 31-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K MONDAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH SMC, RANCHI BEFORE SH. S.S.GODARA, JUDICIAL MEMBER ITA NO.30/RAN/2018 [ASSESSMENT YEAR: 2011-12] SRI BHAGWATI PRASAD MODI, LAL BAZAR, JHARIA, DHANBAD-828111. PAN-AETPM6338L VS ITO, WARD-1(2), DHANBAD. (APPELLANT) (RESPONDENT) APPELLANT BY SH. DEVESH PODDAR, ADV. RESPONDENT BY SH. P.K.MONDAL, JCIT DATE OF HEARING 10.01.2019 DATE OF PRONOUNCEMENT 15 .0 3 .2019 ORDER PER SH. S.S.GODARA, JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR AY 2011-12 ARISES AGAINST THE ORDER DATED 14.12.2017 PASSED BY THE CIT(A), DHANBAD IN APPEAL NO.26/DHN/2014-15 IN PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES SOLE SUBSTANTIVE GROUND RAISED IN THE INSTANT APPEAL SEEKS TO DELETE THE LOWER AUTHORITIES ACTION TREATING AN AMOUNT OF RS.13,45,000/- ARISING FROM LAND TRANSACTIONS TO BE AS INCOME. IT IS NOT IN DISPUTE EVER AS PER LOWER AUTHORITIES ORDER THAT THE ASSESSEE HAS ACTED AS GENERAL POWER OF ATTORNEY ONLY AT THE BEHEST OF THE OWNERS OF THE TRANSFERRED PROPERTY. I CONCLUDE IN THIS FACTUAL BACKGROUND THAT THE LOWER AUTHORITIES OUGHT TO HAVE ASSESSED THE IMPUGNED INCOME ARISING FROM THE LAND TRANSACTION IN THE HANDS OF LAND OWNERS THAN IN GENERAL POWER OF ATTORNEY ASSESSEES HANDS. I ACCORDINGLY DELETE THE IMPUGNED ADDITION ON THIS COUNT ALONE. ITA NO.30/RAN/2018 [ASSESSMENT YEAR: 2011-12] PAGE | 2 3. THIS ASSESSEES APPEAL IS ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 15.03.2019. SD/- (S.S.GODARA) JUDICIAL MEMBER DATE:- 15.03.2019 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- SRI BHAGWATI PRASAD MODI, LAL BAZAR, JHARIA, DHANBAD- 828111. 2. RESPONDENT-ITO, WARD-1(2), DHANBAD. 3. CIT-RANCHI 4. CIT(APPEALS)-RANCHI 5. DR: ITAT-RANCHI BENCHES SR.P.S./H.O.O ITAT, RANCHI