ITO, CHITTORGARH V. Shri Gunwant Lal Anjana, CHITTORGARH

ITA 557/JODH/2013

• Counselvise Citation: 55723314 RSA 2013
• Duration Of Justice: 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 22-05-2014
• Assessment Year: 2003-2004
• Appeal Filed On: 09-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N A JOSHI
• Section: 143(3); 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI N.K.SAINI, ACCOUNTANT MEMBER ITA NO. 557/JODH/2013 (A.Y. 2003-04) THE I.T.O VS. SHRI GUNWANT LAL ANJANA WARD - 2 PR OP M/S RAJARAM TRANSPORT CO. CHITTORGARH NIMBAHERA, CHITTORGARH PAN NO. ABPPA 4428 E (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI N.A. JOSHI, DR. DATE OF HEARING : 22.05.2014 DATE OF PRONOUNCEMENT : 09.06.2014 ORDER PER HARI OM MARATHA, J.M. THIS APPEAL HAS BEEN FILED BY THE REVENUE FOR A.Y 2003-04 AGAINST THE ORDER OF THE CIT(A), UDAIPUR, D ATED 04.09.2013. 2 2. AT THE TIME OF HEARING, DESPITE HAVING BEEN DULY SERVED, NOBODY CAME TO REPRESENT THE CASE OF THE ASSESSEE-RESPONDENT NOR ANY ADJOURNMENT PETITION WA S FILED. THEREFORE, WE PROCEED TO DECIDE THIS APPEAL AFTER HEARING THE LD. D.R. EXPARTE QUA THE ASSESSEE. 3. THE REVENUE HAS RAISED THE FOLLOWING SOLE GROUND OF APPEAL: ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS . 25 LAKHS MADE U/S 68 OF THE ACT ON PROTECTIVE BASIS DE SPITE THE FACT THAT SHRI SHANTI LAL JAIN WHERE THE SUBSTA NTIVE ADDITION IS MADE, HAS DISPUTED THE ADDITION AND ISS UE HAS NOT REACHED FINALITY. 4. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT T HE ASSESSEE IS PROPRIETOR OF M/S RAJARAM TRANSPORT COMPANY ENGAGED IN TRANSPORTATION BUSINESS AS A REGISTERED TRANSPORTER OF M/S J.K. CEMENT WORKS, NIMBAHERA. THE ASSESSEE ENGAGES TRUC KS FOR THE COMPANY FOR CEMENT TRANSPORTATION FROM FACTORY TO V ARIOUS PLACES/DEPOTS ETC. THE ASSESSEE FILED RETURN OF IN COME [ROI] FOR 3 A.Y. 2003-04 DECLARING INCOME OF RS. 5,84,890/- AS AGAINST WHICH ASSESSMENT WAS COMPLETED U/S 143(3) OF THE INCOME- TAX ACT, 1961 ['THE ACT', FOR SHORT] VIDE ORDER DATED 24.03.2006 AND INCOME WAS COMPUTED AT RS. 25 LAKHS ON PROTECTIVE BASIS. THIS SUBSTANTIATED ADDITION WAS MADE IN THE HANDS OF THE SHRI SHANTI L AL JAIN IN THE SAME A.Y. THIS AMOUNT OF RS. 25 LAKHS ADDED U/S 68 OF THE ACT HAS BEEN CONSIDERED AND TREATED AS SUBSTANTIVE ADDITION IN THE HANDS OF SHRI SHANTI LAL JAIN. THE LD. CIT(A) HAS DELETED T HIS ADDITION ON THAT PREMISE ONLY. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND HAVE CAR EFULLY PERUSED THE ENTIRE MATERIAL ON RECORD. BEFORE US, T HE FACTS REMAIN SAME AND NO FURTHER IMPROVEMENT IN FACTS OR ARGUMEN TS WERE BROUGHT FORTH BY THE LD. D.R. THEREFORE, WE DO NOT FIND ANY MERIT IN THIS APPEAL OF THE REVENUE AND DISMISS THE SAME. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 09 TH JUNE, 2014. 4 SD/- SD/- (N.K.SAINI) [HARI OM MARATHA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 09 TH JUNE, 2014 VL/- COPY TO: THE APPELLANT THE RESPONDENT THE CIT BY ORDER THE CIT(A) THE DR ASSISTANT REGISTRAR ITAT, JODHPUR