Ladu Ram, Jaipur, Jaipur V. ITO, Ward-1(4), Jaipur, Ward-1(4), Jaipur

ITA 406/JPR/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4763 (ITAT-JAIPUR)
• Duration Of Justice: 7 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 26-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJENDRA SINGH
• Keywords: Reassessment proceedings
• Section: 147; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENC HES A JAIPUR BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SING H YADAV, AM ITA NO. 406/JP/2019 ASSESSMENT YEAR :2011-12 LADU RAM, JAIPUR CUKE VS. ITO, WARD-1(4), JAIPUR PAN/GIR NO.: BDWPR5818M APPELLANT RESPONDENT ASSESSEE BY : SHRI RAJEEV SOGANI (CA) & MS SHIVANGI SAMDHANI (CA) REVENUE BY : SH. RAJENDRA SINGH (JCIT) DATE OF HEARING : 01/10/2019 DATE OF PRONOUNCEMENT: 04/11/2019 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-1, JAIPUR DATED 29.01.2019. 2. AT THE OUTSET, THE LD. AR SUBMITTED THAT THE ASS ESSEE HAS MOVED A PRAYER FOR ACCEPTANCE OF ADDITIONAL GROUNDS UNDER RULE 11 OF THE APPELLATE TRIBUNAL RULES, 1963 WHICH READS AS UNDER:- 1. IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW LD. AO HAS ERRED IN REOPENING THE ASSESSMENT U/S 147 OF INCOME TAX ACT, 1961. THE ACTION OF THE LD. AO IS ILLEGAL, UNJUSTIFIED, ARBIT RARY AND AGAINST THE FACTS OF THE CASE. RELIEF MAY PLEASE BE GRANTED BY QUASHI NG THE REASSESSMENT PROCEEDINGS BEING ILLEGAL AND WITHOUT JURISDICTION. 3. IT WAS SUBMITTED THAT THE ADDITIONAL GROUND IS P URELY A LEGAL GROUND AND ALL RELEVANT FACTS ARE AVAILABLE ON RECORD. NO NEW FACTS ARE REQUIRED TO BE ITA NO. 406/JP/2019 LADU RAM, JAIPUR VS. ITO, WARD-1(4), JAIPUR 2 EVALUATED, NOR IS ANY FURTHER ENQUIRY NEEDED. THE R ELIANCE WAS PLACED ON THE HONBLE SUPREME COURT DECISION IN CASE OF NTPC [199 8] 229 ITR 383 (SC) AND ASSESSEE REQUESTED FOR ADMISSION OF THE AFORESAID A DDITIONAL GROUND OF APPEAL. 4. THE LD. DR IS HEARD WHO HAS OBJECTED TO THE ADM ISSION OF THE ADDITIONAL GROUND OF APPEAL AND SUBMITTED THAT THE SAME WAS NO T TAKEN BEFORE THE LOWER AUTHORITIES. 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PURSUED THE MATERIAL AVAILABLE ON RECORD. IT IS NOTED THAT THE ASSESSMENT WAS COMP LETED U/S 147/143(3) OF ACT VIDE ORDER DATED 21.03.2016 WHEREIN AMOUNT OF R S. 78,65,541/- WAS BROUGHT TO TAX UNDER THE HEAD LONG TERM CAPITAL GA INS AND ON APPEAL, THE SAME HAS BEEN SUSTAINED BY THE LD. CIT(A) ON MERITS . GIVEN THAT IT IS A CASE OF REOPENING BY ISSUANCE OF NOTICE U/S 148 OF THE ACT, THE AFORESAID ADDITIONAL GROUND CHALLENGING THE REOPENING THE ASSESSMENT U/S 147 IS PURELY A LEGAL GROUND AND THE SAME IS HEREBY ADMITTED FOR ADJUDICA TION. THE FACT THAT THE SAID GROUND WAS NOT TAKEN BEFORE THE LD CIT(A) WILL NOT PRECLUDE THE ASSESSEE FROM TAKING THE SAID GROUND BEING LEGAL IN NATURE IN VIE W OF THE DECISION OF THE HONBLE SUPREME COURT IN CASE OF NTPC (SUPRA). GIV EN THAT THERE WAS NO OCCASION FOR THE LD CIT(A) TO RECORD HIS FINDING, I N THE INTEREST OF JUSTICE AND FAIR PLAY, THE MATTER IS REMANDED BACK TO THE FILE OF THE LD. CIT(A) TO EXAMINE THE ADDITIONAL GROUND OF APPEAL. SINCE WE ARE REMA NDING THE ADDITIONAL GROUND OF APPEAL, OTHER GROUNDS OF APPEAL ARE ALSO REMANDE D BACK TO THE FILE OF THE LD CIT(A) AND THE ASSESSEE SHALL BE FREE, IF SO ADVISE D, TO PUT FORTH HIS CONTENTIONS AND SUBMISSIONS SO MADE BEFORE US. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FO R STATISTICAL PURPOSES. ITA NO. 406/JP/2019 LADU RAM, JAIPUR VS. ITO, WARD-1(4), JAIPUR 3 ORDER PRONOUNCED IN THE OPEN COURT ON 04/11/2019. SD/- SD/- ( SANDEEP GOSAIN ) (VIKRAM SINGH YADAV) JUDICIAL MEMBER ACCOUNTANT MEMBER JAIPUR DATED:- 04/11/2019 * GANESH KR. COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- LADU RAM, JAIPUR 2. THE RESPONDENT- ITO, WARD-1(4), JAIPUR 3. CIT 4. CIT(A) 5. DR, ITAT, JAIPUR. 6. GUARD FILE {ITA NO. 406/JP/2019} BY ORDER, ASST. REGISTRAR