Vinod Amarnath Vohra, Pandharpur V. Income-tax Officer, Ward - 2, Pandharpur

ITA 578/PUN/2018

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9674 (ITAT-PUNE)
• Duration Of Justice: 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 02-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K VERMA
• Assessee Lawyers: P S SHINGTE
• Keywords: Sale consideration of property below Jantri Value
• Section: 50C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.578/PUN/2018 / ASSESSMENT YEAR : 2007-08 SHRI VINOD AMARNATH VOHRA, HOTEL AMAR, MAHAVIR NAGAR, PANDHARPUR, DIST-SOLAPUR, PIN-413 304 PAN : AAJPV9649M .... / APPELLANT / V/S. THE INCOME TAX OFFICER, WARD 2, PANDHARPUR. / RESPONDENT ASSESSEE BY : SHRI P. S. SHINGTE REVENUE BY : SHRI M.K VERMA / DATE OF HEARING : 12.12.2018 ! / DATE OF PRONOUNCEMENT : 13.12.2018 / ORDER PER R.S. SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDE R PASSED BY THE CIT(APPEALS)-9, PUNE ON 30.01.2018 IN RELATION TO THE ASSESSMENT YEAR 2007-08. 2 ITA NO. 578/PUN/2018 A.Y.2007-08 2. BRIEFLY STATED RELEVANT FACTS OF THE CASE ARE TH AT ASSESSMENT IN THIS CASE WAS COMPLETED ON TOTAL INCOME OF RS.7,63, 746/- AS AGAINST THE DECLARED INCOME OF RS.4,04,080/- BY MAKING AN A DDITION OF RS.3,59,666/- U/S. 50C OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). THE ASSESSEE APPROACHED THE LD. CIT(APPEALS). IN THE MEANTIME, THE ASSESSEE APPLIED FOR SETTLEMENT OF THE DISPUTE UNDER THE DIRECT TAX DISPUTE RESOLUTION SCHEME, 2016 (DTDRS) AND SOUGHT TO WITHDRAW THE APPEAL BEFORE TH E LD. CIT (APPEALS) VIDE HIS LETTER DATED 06.12.2016, A COPY OF WHICH IS PLACED AT PAGE 2 OF THE PAPER BOOK. THEREAFTER, THE APPLIC ATION OF THE ASSESSEE UNDER DIRECT TAX DISPUTE RESOLUTION SCHEME , 2016 WAS REJECTED. THE ASSESSEE INTIMATED THIS FACT TO THE L D. CIT(A) AND THE SAME WAS ALSO COMMUNICATED DIRECTLY TO THE LD. FIRS T APPELLATE AUTHORITY BY THE DESIGNATED AUTHORITY ON 6.9.2017. DESPITE THIS FACT, THE LD. CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE BY NOTICING THAT ASSESSEE HAD OFFERED TO WITHDRAW THE APPEAL ON 06.1 2.2016. 3. I HAVE HEARD BOTH THE PARTIES AND PERUSED THE RE LEVANT MATERIAL AVAILABLE ON RECORD. IT IS AXIOMATIC THAT IF THE AP PLICATION OF THE ASSESSEE UNDER DIRECT TAX DISPUTE RESOLUTION SCHEME , 2016 WAS REJECTED, THE APPEAL ORIGINALLY FILED SHOULD HAVE R EVIVED. THE ASSESSEE INFORMED THE FACT OF FILING APPLICATION UNDER DIREC T TAX DISPUTE RESOLUTION SCHEME, 2016 AS WELL AS ITS REJECTION TO THE LD. CIT (APPEALS). IN SUCH CIRCUMSTANCES, LD. CIT(APPEALS) SHOULD HAVE DISPOSED OF THE APPEAL ON MERITS, EVEN IF THE ASSES SEE DID NOT RESPOND TO HIS NOTICE. IN VIEW OF THE FOREGOING FA CTS, I AM OF THE 3 ITA NO. 578/PUN/2018 A.Y.2007-08 CONSIDERED OPINION THAT THE ENDS OF JUSTICE WOULD M EET ADEQUATELY IF THE IMPUGNED ORDER IS SET-ASIDE AND THE MATTER IS R ESTORED TO THE FILE OF LD. CIT(A). I ORDER ACCORDINGLY AND DIRECT HIM T O DECIDE THE APPEAL AFRESH AS PER LAW AFTER ALLOWING A REASONABLE OPPOR TUNITY OF BEING HEARD TO THE ASSESSEE. 4. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIS TICAL PURPOSES. ORDER PRONOUNCED ON 13TH DAY OF DECEMBER, 2018. SD/- R.S. SYAL /VICE-PRESIDENT ' / PUNE; #$ / DATED : 13 TH DECEMBER, 2018. SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT 3. THE CIT (APPEALS)-9, PUNE. 4. THE PR. CIT-6, PUNE. 5. &'( ) , ) , - *+, , ' / DR, ITAT, SMC BENCH, PUNE. 6. (- ./ / GUARD FILE. // TRUE COPY // $'0 / BY ORDER, 1 ), / PRIVATE SECRETARY ) , ' / ITAT, PUNE. 4 ITA NO. 578/PUN/2018 A.Y.2007-08 * DATE 1 DRAFT DICTATED ON 12.12.2018 SR. PS/PS 2 DRAFT PLACED BEFORE AUTHOR 12.12.2018 SR. PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR. PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR. PS/PS 7 DATE OF UPLOADING OF ORDER SR. PS/PS 8 FILE SENT TO BENCH CLERK SR. PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER