The ITO, Ward-1, Bharuch V. Smt. Purnima J.Panchal, Bharuch

ITA 3057/AHD/2010

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 2106 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-05-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 23-04-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 12-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAHUL KUMAR
• Keywords: Business income

Judgement Text

, , , , A, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, A BENCH . .. . . .. . , !' !' !' !', , , , #$ %&'( #$ %&'( #$ %&'( #$ %&'(, , , , )* + ) ' )* + ) ' )* + ) ' )* + ) ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND ANIL CHATURVEDI, ACCOUNTANT MEMBER) ITA NO.3057/AHD/2010 [ASSTT.YEAR : 2008-2009] ITO, WARD-1 BHARUCH. /VS. SMT. PURNIMA J. PANCHAL NARAYAN CHAMBERS STATION ROAD, BHARUCH. PAN : AENPP 3371 G ( (( (-. -. -. -. / APPELLANT) ( (( (/0-. /0-. /0-. /0-. / RESPONDENT) + 1 2 )/ REVENUE BY : SHRI RAHUL KUMAR, SR.DR 4& 1 2 )/ ASSESSEE BY : SHRI MUKUND BAKSHI 5 1 &(*/ DATE OF HEARING : 23 RD APRIL, 2013 678 1 &(*/ DATE OF PRONOUNCEMENT : 10-5-2013 )9 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2008-2009, IS DIREC TED AGAINST THE ORDER OF THE CIT(A)-IV, AHMEDABAD. 2. THE GROUNDS RAISED IN THIS APPEAL OF THE REVENUE ARE AS UNDER: ITA NO.3057/AHD/2010 -2- 1(I) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD.CIT(A) ERRED TO HOLD THAT PROFIT ON SALE OF LAND TO BE TREATED AS CAPITAL GAIN INSTEAD OF BUSINESS INCOME TREATED BY THE AO. 1(II) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD.CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE AO. 2. THE APPELLANT CRAVES TO ADD, AMEND OR ALTER THE ABOVE GROUNDS AS MAY BE DEEMED NECESSARY. 3. THE LEARNED DR RELIED ON THE ORDER OF THE AO. H E REFERRED TO RELEVANT PORTIONS OF THE ASSESSMENT ORDER IN SUP PORT OF THE CASE OF THE REVENUE, AND SUBMITTED THAT THE INCOME FROM SALE OF LAND SHOULD HAVE BEEN ASSESSED AS BUSINESS INCOME AS HEL D BY THE AO. THE LEARNED COUNSEL FOR THE ASSESSEE HAS OPPOSED TH E SUBMISSIONS OF THE LEARNED DR. HE SUBMITTED THAT THE ISSUE IS SQUARELY COVERED BY THE DECISION OF THE ITAT, AHMEDABAD IN T HE ASSESSEES OWN CASE FOR EARLIER ASSESSMENT YEARS 20 01-2002 TO 2006-2007 IN IT(SS)A.NO.83 TO 88/AHD/2010 WHEREIN, IT WAS HELD THAT THE INCOME WAS ASSESSABLE AS INCOME FROM CAPITAL GAIN. HE REFERRED TO RELEVANT PORTIONS OF THE TRIBUNAL OR DER IN ASSESSEES OWN CASE FOR EARLIER ASSESSMENT YEARS 20 01-2002 TO 2006-2007 (SUPRA) IN SUPPORT OF HIS SUBMISSIONS. 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE AO AND THE CIT(A), AND ALSO THE ORDER OF THE ITAT, AHMEDABAD IN ASSESSEES OWN CASE FOR EARLIER ASSESS MENTS YEARS 2001-02 TO 2006-2007 IN IT(SS)A.NO.83 TO 88/AHD/201 0 DATED 4-1-2013 WHEREIN THE ISSUE WAS DECIDED IN FAVOUR OF THE ASSESSEE, AND IT WAS HELD THAT THE INCOME ON SALE OF PLOT OF LAND WAS RIGHTLY ITA NO.3057/AHD/2010 -3- ASSESSABLE UNDER THE HEAD CAPITAL GAINS. WE FIND THAT THE CIT(A) HAS PASSED A WELL REASONED ORDER ON THIS ISS UE. THE CIT(A) HAS GIVEN A FINDING THAT THERE IS NO CHANGE OF FACTS AND NOTHING SUCH CHANGE OF FACTS WERE BROUGHT ON RECORD BY THE AO FROM THE FACTS OF THE CASE OF THE ASSESSEE IN THE E ARLIER YEARS DETAILED BY HIM, AND THERE WAS NO REASON TO DEVIATE FROM THE FINDING RECORDED IN THE APPEAL DECIDED FOR THE EARL IER YEARS. WE BEING IN AGREEMENT WITH THE DECISION OF THE CO-ORDI NATE BENCH OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE ASSESSM ENT YEARS 2001-02 TO 2006-2007, DECIDE THE ISSUE IN FAVOUR OF THE ASSESSEE AND THE GROUNDS OF THE APPEAL OF THE REVENUE ARE DI SMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( %&'( %&'( %&'( %&'( / ANIL CHATURVEDI) )* + )* + )* + )* + /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD