Shri Ram Kumar Gupta, V. ACIT,

ITA 46/JAB/2012

• Counselvise Citation: 4622914 RSA 2012
• Duration Of Justice: 1 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2002-2003
• Appeal Filed On: 14-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHISHEK SHUKLA
• Assessee Lawyers: DR H S MODH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, JABALPUR BEFORE SHRI JOGINDER SINGH(JM) AND SHRI R.C. SHARM A (AM) I.T.A. NO.46/JAB/2012 ASSESSMENT YEAR:2 002-03 SHRI RAM KUMAR GUPTA, M/S. R.S.TRADERS, GANDHI CHOWK, BADA BAZAR, SAGAR, M.P. VS. ACIT, SAGAR CIRCLE, SAGAR, M.P. PAN/GIR NO. : AFWPG 4481 J APPELLANT ) .. RESPONDENT ) APPELLANT BY : DR. H.S.MODH, ADV RESPONDENT BY : SHRI ABHISHEK SHUKLA, SR DR DATE OF HEARING : 17/9/20 13 DATE OF PRONOUNCEMENT : 17 /09/2013 O R D E R PER R.C.SHARMA, AM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 1.11.2011 OF LD COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 2002-03 , IN THE MATTER OF ASSESSMENT ORDER PASSED UNDER SECTION 143(3) OF THE I.T.ACT. 2 I.T.A. NO.46/JAB/2012 ASSESSMENT YEAR:2 002-03 2. IN THIS APPEAL, ASSESSEE IS AGGRIEVED BY ADDITIO N OF RS.1,63,000/- ON ACCOUNT OF INVESTMENT IN CONSTRUCTION OF HOUSE, WHI CH DOES NOT PERTAIN TO THE PERIOD UNDER CONSIDERATION. 3. RIVAL CONTENTIONS HAVE BEEN CONSIDERED AND RECOR DS PERUSED. FROM THE RECORDS, WE FOUND THAT AN ADDITION OF RS.1,63,000/- WAS MADE BY THE ASSESSING OFFICER ON ACCOUNT OF INVESTMENT IN HOUSE CONSTRUCT ION. WE ALSO FOUND THAT INVESTMENT IN HOUSE PROPERTY WAS MADE DURING THE PE RIOD APRIL, 1995 TO MARCH, 1998. THIS FACT WAS DULY MENTIONED IN THE REGISTER ED VALUERS REPORT FILED BY THE ASSESSEE AS WELL AS IN THE DEPARTMENT VALUERS REP ORT. IT IS A FACT THAT HOUSE WAS CONSTRUCTED BETWEEN APRIL, 1995 TO MARCH, 1998 AND THE SAID CONSTRUCTION SHOWN IS COMPLETE. NOTHING WAS BROUGHT ON RECORD BY LD D.R. TO DEVIATE FROM THIS FINDINGS. IN THE STATEMENT RECORDED BY THE AS SESSING OFFICER U/S.1333A ON 8.11.2001, THE ASSESSEE HAD CATEGORICALLY STATED RE GARDING CONSTRUCTION OF HOUSE HAVING COMPLETED THREE YEARS PRIOR. SINCE NO INVES TMENT WAS MADE BY THE ASSESSEE DURING THE ASSESSMENT YEAR 2002-03 RELEVAN T TO FINANCIAL YEAR 2001-02, THERE IS NO JUSTIFICATION FOR MAKING ANY ADDITION O N ACCOUNT OF VALUATION ARRIVED AT BY THE DEPARTMENT VALUATION OFFICER IN RESPECT O F HOUSE CONSTRUCTION, WHICH WAS COMPLETED IN THE YEAR, 1998. ACCORDINGLY, WE D O NOT FIND ANY MERIT IN THE 3 I.T.A. NO.46/JAB/2012 ASSESSMENT YEAR:2 002-03 ACTION OF LOWER AUTHORITIES FOR MAKING THE ADDITION OF RS.1,63,000/- ON ACCOUNT OF CONSTRUCTION OF HOUSE DURING THE RELEVANT ASSESSMEN T YEAR UNDER CONSIDERATION. 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS A LLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH SEPTEMBER, 2013. SD/- SD/- (JOGINDER SINGH) (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER JABALPUR DATED 17 / 09/2013 B.K.PARIDA, SR. PS COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT : SHRI RAM KUMAR GUPTA,M/S. R.S.TRADERS, GANDHI CHOWK, BADA BAZAR, SAGAR, M.P 2. / THE RESPONDENT. : ACIT, SAGAR CIRCLE, SAGAR, M.P. 3. ( ) / THE CIT(A)-1, JABALPUR 4. / CIT , JABALPUR 5. , , / DR, ITAT, JABALPUR 6. / GUARD FILE. / BY ORDER, //TRUE COPY// SR.PRIVATE SECRETARY,ITAT CAMP AT JABALPUR 4 I.T.A. NO.46/JAB/2012 ASSESSMENT YEAR:2 002-03 1. DATE OF DICTATION 17.9.2013 SR.PS 2. DATE ON WHICH ORDER PLACED BEFORE THE AUTHOR 17.9.2013 SR.PS 3. DATE ON WHICH ORDER SIGNED BY THE AUTHOR JM 4. DATE ON WHICH ORDER SENT TO V.P. AM 5. DATE ON WHICH ORDER RECEIVED BY SR.PS 6. DATE ON WHICH ORDER KEPT FOR PRONOUNCEMENT 7. DATE ON WHICH FILE SENT TO BENCH CLERK SR.PS 8. DATE ON WHICH ORDER SEND TO H.C. 9. DATE OF DISPATCH OF ORDER