ACIT, Jaipur V. RAMA AJIT BUILDERS & DEVELOPERS, Jaipur

ITA 533/JPR/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5092 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 11 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 31-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: P C PARWAL CA DHK
• Keywords: Document seized; Documents seized

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. 533/JP/2014 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2011-12. THE DCIT, CENTRAL CIRCLE-2, JAIPUR. CUKE VS. M/S. RAMA AJIT BUILDERS & DEVELOPERS, 31, MISHRA MARKET, AGRA ROAD, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AAJFR 0156 M VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI R.A. VERMA (ADDL. CIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI P.C. PARWAL (C.A) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 19.07.2016. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 20/07/2016. VKNS'K@ ORDER PER SHRI KUL BHARAT, JM. THE APPEAL BY THE REVENUE IS DIRECTED AGAINST THE O RDER OF LD. CIT (APPEALS), CENTRAL, JAIPUR DATED 05.05.2014 PERTAINING TO ASSE SSMENT YEAR 2011-12. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL :- 1. WHETHER CIT (A)(C) WAS JUSTIFIED IN DELETING THE AD DITION OF RS. 80,88,863/- MADE BY THE AO BY REJECTING APPLICATION OF SECTION 145(3) WHEN THE ASSESSEE IS NOT MAINTAINING QUANTITATIVE A ND QUALITATIVE STOCK REGISTER AND SEIZED DOCUMENT LIKE A-2/51 REFLECT ON -MONEY RECEIVED FROM THE PROJECT LIKE C-2 PLAZA OF THE ASSESSEE FIRM. 2. WHETHER CIT (A)(C) WAS JUSTIFIED IN REJECTING APPLI CATION OF PERCENTAGE COMPLETION METHOD BY THE AO, WHEN THIS REJECTION NE EDS ACCEPTANCE OF LOSS RETURN OF THE ASSESSEE ENGAGED IN CONSTRUCTION AND SALE OF RESIDENTIAL/COMMERCIAL PROJECTS. 3. WHETHER CIT (A)(C) WAS JUSTIFIED IN RELYING UPON TH E DECISION OF ITAT IN THE CASE OF ASSESSEE DATED 15.03.2013 IN WHICH ITS ORDER IN THE CASE OF UNIQUE BUILDERS & DEVELOPERS DATED 14.03.2013 WAS R ELIED UPON, THOUGH THESE ORDERS HAVE BEEN APPEALED AGAINST BEFORE HON BLE HIGH COURT BY THE DEPARTMENT ON PERVERSITY OF FACTS. 2 ITA NO. 533/JP/2014 DCIT VS. M/S. RAMA AJIT BUILDERS & DEVELOPERS 4. WHETHER CIT (A)(C) WAS JUSTIFIED IN IGNORING THAT T HE ITAT ORDER DATED 14.03.2013 STATED A WRONG FACT THAT 6THE TWO BROTHE RS HAD SEPARATED IN 2006 AND THAT THE DOCUMENT (A-2/51) WAS SEIZED FROM THE LAPTOP OF AN EMPLOYEE OF THE SEPARATED AJIT PAL GROUP, IGNORING THE FACT THAT THE TWO BROTHERS SHRI AJAY PAL SINGH AND SHRI AJIT PAL SING H WERE ACTIVELY ENGAGED IN BUSINESS AS PARTNERS THEMSELVES IN THE A SSESSEE FIRM ITSELF, AND THE SEIZED DOCUMENTS A2/51 MENTIONED THE PROJEC T C2 PLAZA UNDERTAKEN BY THE ASSESSEE FIRM. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ISSUES INVOLVED IN THIS APPEAL ARE SQUARELY COVERED IN FAV OUR OF THE ASSESSEE BY THE ORDER OF HONBLE COORDINATE BENCH OF THIS TRIBUNAL IN ITA NO . 879/JP/2013 FOR A.Y. 2010-11 IN ASSESSEES OWN CASE. THEREFORE, HE REQUESTED THA T THE ORDER OF LD. CIT (A) BE CONFIRMED AND APPEAL OF THE REVENUE BE DISMISSED. 2.1. ON THE OTHER HAND, THE LD. D/R SUPPORTED THE O RDER OF THE AO. 2.2. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED T HE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE FACTS INVOLVED IN THE PRES ENT APPEAL ARE EXACTLY IDENTICAL TO THE EARLIER ASSESSMENT YEAR 2010-11, AND THE HONBL E COORDINATE BENCH HAS DISMISSED THE APPEAL OF THE REVENUE AFTER CONSIDERI NG ALL MATERIAL FACTS, BY OBSERVING IN PARA 4 OF ITS ORDER AS UNDER :- 4. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH TH E PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE COORD INATE BENCH HAS CONSIDERED THIS ISSUE IN ASSESSEES OWN CASES FOR T HE APPEALS MENTIONED ABOVE. THE COORDINATE BENCH HAS PASSED T HE SPEAKING ORDER IN THE APPEAL MENTIONED ABOVE AND ALLOWED THE APPEALS IN FAVOUR OF THE ASSESSEE. BY RESPECTFULLY FOLLOWING THE ORDE R OF THE COORDINATE BENCH IN ASSESSEES OWN CASE, WE UPHOLD THE ORDERS OF THE LD. CIT (A). IT IS MADE CLEAR THAT IN CASE, THE HONBLE HIGH CO URT DECIDED THE ISSUE 3 ITA NO. 533/JP/2014 DCIT VS. M/S. RAMA AJIT BUILDERS & DEVELOPERS IN FAVOUR OF THE REVENUE, THE REVENUE SHALL BE AT L IBERTY TO TAKE ALL STEPS TO ENFORCE THE ORDER PASSED BY THE LD. ASSESS ING OFFICER. RESPECTFULLY FOLLOWING THE ORDER OF THE COORDINATE BENCH IN EARLIER ASSESSMENT YEAR IN ITA NO. 879/JP/2013 DATED 13.06.2016, WE DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF LD. CIT (A) WHICH IS HEREBY CONFI RMED. THE APPEAL OF THE REVENUE IS DISMISSED. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 20/07/201 6. SD/- SD/- FOE FLAG ;KNO ( DQY HKKJR ) (VIKRAM SINGH YADAV) ( KUL BHARAT ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 20/07/2016. DAS/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- THE DCIT, CENTRAL CIRCLE-2, JAIP UR. 2. THE RESPONDENT-M/S. RAMA AJIT BUILDERS & DEVELOP ERS, JAIPUR. 4. THE CIT, 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 533/JP/2014) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR 4 ITA NO. 533/JP/2014 DCIT VS. M/S. RAMA AJIT BUILDERS & DEVELOPERS