Sh. Yash Pal Khanna, Jalandhar V. The Commissioner of Income-tax, Ludhiana

ITA 322/ASR/2013

• Counselvise Citation: 32220914 RSA 2013
• Duration Of Justice: 3 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 12-09-2013
• Assessment Year: 2009-2010
• Appeal Filed On: 13-05-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Documents seized
• Section: 143(3); 234B; 263; 132; 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P. JAIN, ACCOUNTANT MEMBER I.T.A. NO. 322(ASR)/2013 ASSESSMENT YEAR: 2009-10 PAN:AFZPK8301A SH. YASH PAL KHANNA VS. THE COMMIS SIONER OF INCOME 587-R, MODEL TOWN, TAX (CENTRAL), LUDHIANA JALANDHAR (APPELLANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY: SH. MAHAVIR SINGH, SR. DR DATE OF HEARING: 12.09.2013 DATE OF PRONOUNCEMENT:12.09.2013 ORDER PER BENCH 1) THE ASSESSEE HAS FILED THE PRESENT APPEAL AGAINST IMPUGNED ORDER DATED 12.03.2013 PASSED BY THE COMMISSIONER O F INCOME TAX (CENTRAL), LUDHIANA, UNDER SECTION 263 OF THE INCOM E TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2009-10 ON THE FOLLOWING GROUND S: I. THAT THE ORDER PASSED U/S 263 BY THE LEARNED COMMIS SION OF INCOME TAX(CENTRAL), LUDHIANA DATED 12.03.2013 IS A GAINST THE LAW & FACTS OF THE CASE. 2 I.T.A. NO. 322(ASR)/2013 ASSESSMENT YEAR: 2009-10 II. THAT THE LEARNED COMMISSIONER OF INCOME TAX(CENTRAL ), LUDHIANA GROSSLY ERRED IN CANCELLING THE ASSESSMENT ORDER DA TED 08.12.2010 BY STATING THAT THE ASSESSMENT ORDER IS ERRONEOUS A ND PREJUDICIAL TO THE INTEREST OF REVENUE FOR NON-CHARGING OF INTERES T U/S 234B OF THE ACT AND DIRECTING THE ASSESSING OFFICER TO ADD RS. 51,000/- TO THE INCOME OF THE ASSESSEE IGNORING THE FACT THAT THE D ATE MENTIONED ON THE SAID INSTRUMENT IS 03.10.2000, WHICH IS OUTSIDE THE PURVIEW OF THE RELEVANT ASSESSMENT YEAR. III. THAT ON THE FACTS & CIRCUMSTANCES OF THE CASE, THE LEARNED CIT ERRED IN PASSING ORDER U/S 263 OF THE ACT. THE ACTI ON OF LEARNED CIT IS WHOLLY UNREASONABLE, UNCALLED FOR AND BAD IN LAW . IV. THAT APPELLANT REQUESTS FOR LEAVE TO ADD OR AMEND T HE GROUND OF APPEAL BEFORE THE APPEAL IS HEARD AND DISPOSE OFF. 2) THIS OFFICE HAS RECEIVED THE APPLICATION 10.09.2 013 FILED BY LEARNED COUNSEL FOR THE ASSESSEE SH. DINESH SARNA, ADVOCATE, PRAYING FOR WITHDRAWAL OF THE PRESENT APPEAL. THE CONTENTS OF T HE SAID APPLICATION ARE REPRODUCED AS UNDER: BEFORE THE INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH, AMRITSAR WRITTEN SUBMISSION IN THE CASE OF SH. YASH PAL KHAN NA, 587-R, MODEL TOWN, JALANDHAR. ASSESSMENT YEAR 2009-10 APPEAL NO. 322/ASR/2013 RESPECTED SIR, IN ADDITION TO THE STATEMENT OF FACTS AND GROUN DS OF APPEAL ALREADY FILED BEFORE YOUR GOODSELF IT IS SUB MITTED THAT THIS IS A CASE OF AN ASSESSEE, INDIVIDUAL ENGAGED IN THE BUSI NESS OF SALE PURCHASE OF PROPERTY. SEARCH & SEIZURE OPERATION U/S 132 OF THE ACT WAS CONDUCTED 3 I.T.A. NO. 322(ASR)/2013 ASSESSMENT YEAR: 2009-10 AT THE BUSINESS AS WELL AS RESIDENTIAL PREMISES OF THE ASSESSEE ON 11.12.2008. DURING THE COURSE OF SEARCH & SEIZURE O PERATION, ASSESSEE SURRENDERED ADDITIONAL INCOME OF RS. 1 CRORE TO COV ER THE DISCREPANCIES FOUND IN THE DOCUMENTS SEIZED DURING THE SEARCH. AS SESSEE FILED HIS INCOME TAX RETURN FOR THE RELEVANT ASSESSMENT YEAR DECLARING AN INCOME OF RS. 1,09,58,080/- ON 14.10.2009 INCLUDING THE AD DITIONAL INCOME AND THE SAME WAS ACCEPTED & ASSESSMENT WAS COMPLETED U/ S 143(3) AT THE SAME INCOME. THE LEARNED CIT(CENTRAL), LUDHIANA ISS UED SHOW CAUSE NOTICE U/S 263(1) ON 20.12.2012 ON THE SIMILAR ISS UES WHICH HAS ALREADY BEEN RAISED THE LEARNED ASSESSING OFFICER, CENTRAL CIRCLE, JALANDHAR IN THE PROCEEDINGS INITIATED U/S 154 OF THE ACT VIDE L ETTER DATED 12.09.2011, WHICH IS STILL PENDING TILL TODAY. THEREAFTER THE L EARNED CIT(CENTRAL), LUDHIANA, IGNORING THE SUBMISSION OF ASSESSEE, PASS ED THE ORDER U/S 263 OF THE ACT BY STATING THAT ASSESSMENT ORDER DATED 0 8.12.2010 FOR THE A.Y. 2009-10 IS ERRONEOUS AND PREJUDICIAL TO THE INTERES T OF REVENUE FOR NON- CHARGING OF INTEREST U/S 234B OF THE ACT AND ACCORD INGLY THE ASSESSMENT ORDER IS CANCELLED AND THE ASSESSING OFFICER IS DIR ECTED TO REFRAME THE ORDER. LEARNED CIT(CENTRAL), LUDHIANA ALSO DIRECTED THE ASSESSING OFFICER TO MADE THE ADDITION OF RS. 51,000/- IGNORI NG THE FACT THAT THE DATE MENTIONED ON THE SAID INSTRUMENT IS 03.10.2000 , WHICH IS OUTSIDE THE PURVIEW OF THE RELEVANT ASSESSMENT YEAR. AGGRIEVED BY THE ORDER, ASSESSEE FILED PRESENT APPEAL. SIR, WE INTEND TO WITHDRAW THE APPEAL FILED AGA INST THE ORDER PASSED BY WORTHY CIT(CENTRAL), LUDHIANA SO, I T IS REQUESTED THAT APPEAL FILED ON 13.05.2013 FOR ASSESSMENT YEAR 2009 -10 MAY KINDLY BE ALLOWED TO BE WITHDRAWN. THANKING YOU, YOURS FAITHFULLY, SD/./- (DINESH SARNA) COUNSEL FOR THE ASSESSEE. 4 I.T.A. NO. 322(ASR)/2013 ASSESSMENT YEAR: 2009-10 3) KEEPING IN VIEW THE AFORESAID REQUEST OF LEARNED COUNSEL FOR THE ASSESSEE FOR WITHDRAWING THE PRESENT APPEAL, WE ACC EPT THE REQUEST OF THE ASSESSEE FOR WITHDRAWING THE PRESENT APPEAL AND ORD ER ACCORDINGLY. 4) IN THE RESULT, THE APPEAL FILED BY ASSESSEE IS D ISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH SEPTEMBER, 2013 SD/./- SD/./- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12 TH SEPTEMBER, 2013 /RK/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE: SH. YASH PAL KHANNA, 587-R, MODEL TOW N, JALANDHAR 2. THE COMMISSIONER OF INCOME TAX (CENTRAL), LUDHIANA 3. THE SR DR, I.T.A.T., ASR TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.