ITO, BHARATPUR V. SUBHASH CHAND BANSAL, BHARATPUR

ITA 400/JPR/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2044 (ITAT-JAIPUR)
• Duration Of Justice: 1 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 19-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P C PARWAL CA DHK
• Keywords: Unexplained investment

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH DQY HKKJR] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS [KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YAD AV, AM VK;DJ VIHY LA-@ ITA NO. 400/JP/2017 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2009-10 ITO WARD NO. 03, BHARATPUR, NEAR GOVERDHAN GATE, BHARATPUR CUKE VS. SH. SUBHASH CHAND BANSAL PROP. M/S NIRANJAN LAL SUBHASH CHAND, SHIV GANJ MANDI BAYANA, BHARATPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO.: AJBPB8859L VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SMT. NEENA JEPH FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI P.C. PARWAL, CA LQUOKBZ DH RKJH[K@ DATE OF HEARING : 23/06/2017 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT: 23/06/2017. VKNS'K@ ORDER PER:SHRI VIKRAM SINGH YADAV, A.M. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A), ALWAR DATED 24.03.2017 WHEREIN THE REVENUE HAS TAKE N FOLLOWING SOLE GROUND OF APPEAL: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE, LD. CIT(A) ERRED IN DELETING THE ADDITION OF RS. 76,00,000/- MADE ON ACCOUNT OF UNACCOUNTED ON MONEY RECEIVED BY THE ASSESSEE ON SALE OF PROPERTY TO SMT. RENU AGARWAL. 2. AT THE OUTSET, LD. AR SUBMITTED THAT THE HONBLE IT AT, JAIPUR VIDE ITS RECENT ORDER DATED 14.02.2017 HAS DELETED THE ADDIT ION IN THE HANDS OF THE PURCHASER SMT. RENU AGARWAL AND FOLLOWING THE SAID ORDER, IN THE INSTANT CASE, THE LD. CIT(A) HAS DELETED THE ADDITION IN TH E HANDS OF THE ASSESSEE ITA NO. 400/JP/2017 ITO, WARD NO.-03, BHARATPUR VS SH. SUBHASH CHAND BANSAL, BHARATPUR 2 SELLER. HENCE, THERE IS NO INFIRMITY IN THE ORDER O F THE LD CIT(A) AND THE SAME MAY KINDLY BE CONFIRMED. 3. THE CO-ORDINATE BENCH IN ITA NO. 746/JP/2014 DAT ED 14.02.2017 IN CASE SMT. RENU AGARWAL HAS HELD AS UNDER:- IT IS FURTHER NOTED THAT NO STATEMENT OF OWNER OF THE PLOT I.E ASSESSEE WAS RECORDED BY THE SEARCH PARTY. HOWEVER DURING THE CO URSE OF SEARCH THE STATEMENT OF HUSBAND OF ASSESSEE SHRI ASHOK AGARWAL WAS RECORDED ON 22.09.2010 (COPY AT PB PAGE 28-45) WHEREIN IN REPLY OF Q NO. 24 OF THE STATEMENT HE SURRENDERED THE AMOUNT OF RS. 76,00,00 0/- AS INCOME. IT IS ALSO NOTED THAT THE COPY OF STATEMENT WAS PROVIDED BY TH E AO ON 10.03.2011. SHRI ASHOK AGARWAL RETRACTED FROM SEARCH STATEMENT IN RE SPECT TO SURRENDER OF RS. 76,00,000/- BY FILING SWORN AFFIDAVIT DATED 10.03.2 011 BEFORE THE AO ON 11.03.2011 IMMEDIATELY AFTER THE RECEIPT OF COPY OF STATEMENT ON 10.03.2011. (COPY AT PB PAGE 65-69). DURING THE COURSE OF ASSES SMENT PROCEEDINGS, THE AO MADE INQUIRIES FROM THE SELLER OF THE PLOT SHRI SUBHASH CHAND BANSAL AND RECORDED HIS STATEMENT ON 07.02.2013 (COPY AT PB PA GE 113-117), WHEREIN HE STATED ON OATH THAT HE HAS RECEIVED ONLY RS. 65.00 LACS AGAINST THE SALE OF THE PLOT. THE INSPECTION REPORT ISSUED BY THE SUB-REGIS TRAR-01, SANGANER, JAIPUR WHEREIN IT HAS BEEN REPORTED THAT THE CONSTRUCTION MEASURING 3700 SQ. FT. WAS FOUND ON THE SAID PLOT AND THE SAME WAS VALUED AT R S. 14,80,000/- BY REGISTRAR AUTHORITIES. (COPY AT PB PAGE 101-102). T HE ASSESSEE ALSO FILED EVIDENCE LIKE GOOGLE MAP AND PHOTOGRAPHS IN SUPPORT OF HIS CONTENTION THAT THE LAND WAS VACANT LAND AT THE TIME OF PURCHASE. ( COPY AT PB PAGE D105 TO 110). FROM THE PHOTOGRAPHS IT IS OBSERVED THAT THE LAND WAS VACANT LAND AT THE TIME OF PURCHASE BY THE ASSESSEE. THE AO MADE A DDITION OF RS. 76,00,000/- IN TOTAL INCOME OF THE ASSESSEE WHICH H AS BEEN CONFIRMED BY THE LD. CIT(A) IN FIRST APPEAL. THE SELLER SHRI SUBHASH CHAND BANSAL HAD GIVEN A STATEMENT ON OATH THE HE HAD RECEIVED RS. 65 LACS O NLY. THE AGREEMENT WITH CONSTRUCTION WAS CANCELLED AND THE CANCELLATION AGR EEMENT WAS ALSO SEIZED DURING THE SEARCH OPERATION. THE SELLER STATED THAT THERE WAS NO CONSTRUCTION AND NO WATER AND ELECTRIC CONNECTION WHICH IS ALSO ESTABLISHED BY GOOGLE EARTH MAPS AND PHOTOGRAPHS PLACED IN THE PAPER BOOK . THERE IS NO EVIDENCE OF PAYMENT OF ANY ON MONEY ON THE PURCHASE OF THE V ACANT PLOT. NO STATEMENT OF ASSESSEE WAS RECORDED DURING SEARCH OP ERATION WHILE SHE WAS PRESENT AT THE TIME OF SEARCH. THE CANCELLATION AGR EEMENT WAS FOUND AND SEIZED DURING SEARCH OPERATION ITSELF. THEREFORE, I TS AUTHENTICITY CANNOT BE DOUBTED WHEN THE REVENUE HAD NOT BEEN ABLE TO ESTAB LISH OTHERWISE. THEREFORE, LOOKING TO THE PRESENT FACTS, CIRCUMSTAN CES OF THE CASE AND THE CASE LAWS RELIED ON BY THE ASSESSEE (SUPRA), WE FIN D THAT THE LOWER AUTHORITIES HAVE ERRED IN CONFIRMING THE ADDITION OF RS. 76.00 LACS ON ACCOUNT OF UNEXPLAINED INVESTMENT IN PURCHASE OF PLOT NO. 281, IOB, GOPAL PURA BYE ITA NO. 400/JP/2017 ITO, WARD NO.-03, BHARATPUR VS SH. SUBHASH CHAND BANSAL, BHARATPUR 3 PASS, JAIPUR. THUS WE DO NOT CONCUR WITH THE FINDIN GS OF THE LD. CIT(A). HENCE, THE GROUND NOS. 1 TO 3 RAISED BY THE ASSESSE E ARE ALLOWED. 4. IN LIGHT OF ABOVE, W E DO NOT SEE ANY INFIRMITY IN THE ORDER OF THE LD. CIT(A), WHO HAS TAKEN INTO CONSIDERATION THE ABOVE REFERRED DECISION OF THE CO-ORDINATE BENCH AND DELETED THE ADDITION IN THE HANDS OF THE ASSESSEE. THE SOLE GROUND OF THE REVENUE IS DISMISSED. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 23/06/2017. SD/- SD/- DQY HKKJR FOE FLAG ;KNO (KUL BHARAT) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER JAIPUR DATED:- 23/06/2017 *GANESH VKNS'K DH IZFRFYFI VXZSF'KR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT - ITO, WARD-03, BHARATPUR 2. IZR;FKHZ@ THE RESPONDENT - SH. SUBHASH CHAND BANSAL, BHARATPUR 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDRVIHY@ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 400/JP/2017) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR.