DCIT, Meerut V. Sh. Ramesh Chand Juneja, Meerut

ITA 3570/DEL/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 61670 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-05-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 07-05-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 26-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R R KUMARDR
• Assessee Lawyers: SAURAV ROHATAGI ARS
• Keywords: Sale consideration of property below Jantri Value
• Section: 50C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI F BENC H BEFORE SHRI U.B.S. BEDI, JM & SHRI A.N. PAHUJA, AM ITA NO.3570/DEL/2010 WITH C.O. NO.273/DEL/2010 AY:2005-06 DCIT,CIRCLE-2, MEERUT V/S. SHRI RAMESH CHAND JUNEJA, 6-B, MOHKAMPUR ENCLAVE, DELHI ROAD, MEERUT [PAN NO.: AEJPJ 9773 L] ASSESSEE BY S/SHRI RAJ KUMAR & SAURAV ROHATAGI, ARS REVENUE BY SHRI B.R.R. KUMAR,DR DATE OF HEARING 07-05-2012 DATE OF PRONOUNCEMENT 11-05-2012 O R D E R A.N.PAHUJA:- THIS APPEAL FILED ON 26.07.2010 BY THE REVENUE AND THE CORRESPONDING CROSS OBJECTION[CO] FILED ON 25-08-2 010 BY THE ASSESSEE AGAINST AN ORDER DATED 14.05.2010 OF THE LD. CIT(A)-MEERUT , RAISES THE FOLLOWING GROUNDS:- I.T.A. NO.3570/D/2010[REVENUE] 1) WHETHER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THE CIT(A) HAS ERRED IN NOT CONSIDERING THE MERITS OF THE CASE AND IN DELETING THE ADDITION OF ` `25,30,480/- MADE BY AO AS CAPITAL GAINS OUT OF SALE OF PROPERTY BY INVOKING PROVISIONS OF SECTION 50C OF THE ACT WITHO UT APPRECIATING THE FACT BROUGHT OUT BY AO IN HIS ASSESSMENT ORDER. 2) WHETHER IN THE FACTS AND CIRCUMSTANCES OF THE CA SE, THE CIT(A) HAS ERRED IN NOT CONSIDERING THE MERITS OF THE CASE AND IN DELETING THE ADDITION OF ` `5,35,583/- MADE BY AO AS DEPOSITS IN THE BANK ACCOUNT OF THE ITA NO .3570 /DEL./2010& CO NO. 273/DEL./2010 2 ASSESSEE WITHOUT APPRECIATING THE FINDINGS OF THE A O IN THIS REGARD. 3) IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THE ORDER OF THE CIT(A) MAY BE SET ASIDE AND THAT OF THE ASSESSI NG OFFICER RESTORED. C.O. NO.273/D/2010[ASSESSEE] 1) THAT THE APPEAL FILED BY THE DEPTT. BEARING I.T .A. NO.3570/D/2010 IS NON-MAINTAINABLE, INCOMPETENT AND WITHOUT JURISDICTION, MORE SO, AS THE JURISDICTION ON THE ASSESSEE AS ON 23.07.2010, THE DATE OF VERIFICATION OF APPEAL WAS WITH ACIT, CENTRAL CIRCLE, GHAZIABAD VID E ORDER PASSED U/S 127 DT. 08.07.2010 PASSED BY LD. C IT, MEERUT, THUS, THE APPEAL COULD HAVE BEEN FILED ONLY BY ACIT, CENTRAL CIRCLE, GZB. 2) THAT WITHOUT PREJUDICE, G.N.1. OF REVENUES APPE AL DESERVES TO BE REJECTED SINCE FIRSTLY THE AMOUNT OF ADDITION IN APPEAL HAS BEEN WRONGLY MENTIONED AS ` ` 25,30,480/- AGAINST CORRECTLY AS ` `18,97,460/- AND SECONDLY, THE ADDITION MADE BY THE ASSESSING OFFICE R HAS BEEN REFERRED TO IN THE GROUND AS MADE BY INVOKING PROVISIONS OF SECTION 50C OF THE INCOME-TAX ACT WHI LE THE ADDITION HAS NOT BEEN MADE BY THE AO BY INVOKING SECTION 50C. 3) THAT THE LEARNED CIT(A) HAS BEEN FULLY JUSTIFIED IN LAW AS WELL AS ON MERITS IN DELETING THE ADDITION OF ` ` 18,97,460/-. 4) THAT THE LEARNED CIT(A) HAS BEEN FULLY JUSTIFIED IN LAW AS WELL AS ON MERITS IN DELETING THE ADDITION OF ` ` 5,35,583/-. 2. AT THE OUTSET, THE LD. AR ON BEHALF OF THE ASSE SSEE WHILE INVITING OUR ATTENTION TO PRELIMINARY GROUND NO.1 IN THE CO CONT ENDED THAT APPEAL FILED BY THE REVENUE IS INCOMPETENT, THE VERIFICATION HAVING BEE N SIGNED ONLY ON 23.07.2010 BY DCIT, CIRCLE-2, MEERUT WHILE THE JURISDICTION OV ER THE CASE HAD ALREADY BEEN TRANSFERRED TO DCIT/ACIT CENTRAL CIRCLE, GHAZIABAD VIDE ORDER DATED 08.07.2010 OF THE CIT, MEERUT U/S 127 OF THE INCOME-TAX ACT,19 61[HEREINAFTER REFERRED TO AS THE ACT]. ITA NO .3570 /DEL./2010& CO NO. 273/DEL./2010 3 3. IN REPLY, THE LD. DR POINTED OUT THAT THOUGH JU RISDICTION HAD BEEN TRANSFERRED TO DCIT/ACIT CENTRAL CIRCLE, GHAZIABAD VIDE ORDER DATED 8.7.2010 OF THE CIT, MEERUT, SINCE THE RELEVANT RECORDS HAD NOT BEEN TRANSFERRED TO THE CONCERNED ASSESSING OFFICER, APPEAL WAS CORRECTLY F ILED BY THE DCIT ,CIRCLE- 2,MEERUT. 4. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUG H THE FACTS OF THE CASE . WE FIND THAT IN TERMS OF ORDER DATED 8 TH JULY, 2010 OF THE LD. CIT, MEERUT, THE JURISDICTION OVER THE CASE OF THE ASSESSEE WAS TRANSFERRED TO DCIT/ACIT, CENTRAL CIRCLE, GHAZIABAD, WORKING UNDER CIT(CENTRA L), KANPUR WITH IMMEDIATE EFFECT. ON THE OTHER HAND, AUTHORIZATION TO FILE THE APPEAL IN THIS CASE WAS SIGNED BY THE CIT, MEERUT ON 19 TH JULY, 2010 EVEN WHILE BEING AWARE THAT SHE HAD ALREADY TRANSFERRED THE JURISDICTION OVER THE C ASE OF THE ASSESSEE TO THE ACIT/DCIT CENTRAL CIRCLE, GHAZIABAD WORKING UNDER C IT(CENTRAL) , KANPUR VIDE HER ORDER DATED 8.7.2010. IN THESE CIRCUMSTANCES, A PPARENTLY WHEN THE JURISDICTION OVER THE CASE IN TERMS OF THE AFORESA ID ORDER DATED 8.7.2010 U/S 127 OF THE ACT VESTED WITH DCIT/ACIT, CENTRAL CIRCLE G HAZIABAD WORKING UNDER CIT (CENTRAL), KANPUR, THE LD.CIT MEERUT LACKED JURISD ICTION IN AUTHORIZING FILING OF APPEAL IN THIS CASE. ACCORDINGLY, APPEAL FILED BY THE DCIT CIRCLE-2,MEERUT, ON 26.7.2010 IS TREATED AS INCOMPETENT AND IS, THEREFO RE, DISMISSED, IN LIMINE. HOWEVER, THE CIT(CENTRAL) ,KANPUR, IS FREE TO FILE APPEAL IN THIS MATTER IN ACCORDANCE WITH LAW . 5. SINCE WE HAVE ALLOWED PRELIMINARY GROUND RAISE D IN THE CO , THE REMAINING GROUNDS RAISED IN THE CO DO NOT SURVIVE FOR OUR ADJ UDICATION AT THIS STAGE. 6.. IN RESULT, APPEAL OF THE REVENUE IS DISMISSE D IN LIMINE WHILE ITA NO .3570 /DEL./2010& CO NO. 273/DEL./2010 4 GROUNDS RAISED IN THE CO ON MERITS BECOME INFRUCTU OUS. SD/- SD/- (U.B.S. BEDI) (A.N. PAHUJA) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) NS COPY OF THE ORDER FORWARDED TO :- 1. SHRI RAMESH CHAND JUNEJA, 6-B, MOHKAMPUR ENCLAV E, DELHI ROAD, MEERUT 2. DCIT,CIRCLE-2,MEERUT 3. CIT,MEERUT & CIT(CENTRAL) ,KANPUR. 4. CIT (APPEALS)-MEERUT. 5. DR, ITAT,F BENCH, NEW DELHI 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, DELHI ORDER PRONOUNCED IN OPEN COURT