Appeal details
Counselvise Citation
[2019] 118 COUNSELVISE.COM (IT) 6228 (ITAT-INDORE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 4 month(s) 3 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
24-01-2019
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
SMC
Assessment Year
2009-2010
Appeal Filed On
21-09-2017
Judgement Text
[ITA 615/IND/2017] [KRIPASHANKAR PARMAR, SHAJAPUR] , , IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ITA NO.615/IND/2017 ASSESSMENT YEAR: 2009-10 KRIPASHANKAR PARMAR L/H LATE SHRI DEVKARAN PARMAR VILLAGE FARAD, TEHSIL KALAPIPAL DIST. SHAJAPUR (M.P.) / VS. CIT(A) UJJAIN ( APPELLANT ) ( REVENUE ) P.A. NO. ATZPP3369H APPELLANT BY SHRI S.K. AGRAWAL, A.R. RESPONDENT BY SHRI V.J. BORICHA, SR.D.R. DATE OF HEARING: 23.01.2019 DATE OF PRONOUNCEMENT: 24.01.2019 / O R D E R PER KUL BHARAT, J.M: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST ORDER OF THE CIT(A), UJJAN DATED 27.6.2017 FOR THE [ITA 615/IND/2017] [KRIPASHANKAR PARMAR, SHAJAPUR] 2 ASSESSMENT YEAR 2009-10. THE ONLY GROUND RAISED BY TH E ASSESSEE READS AS UNDER: THE LEARNED A.O. ERRED IN MAKING ADDITION OF RS.3, 00,000/- ON ACCOUNT OF UNDISCLOSED MONEY U/S 69A OF THE I.T. AC T, 1961. 2. THE FACTS IN BRIEF ARE THAT CASE OF THE ASSESSEE WAS REOPENED AND THE ASSESSMENT U/S 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER CALLED AS THE ACT) WAS FRAMED VIDE ORDER DATED 10.8.2016. THEREBY, THE A.O. MADE ADDITION OF RS.3 LAKHS ON ACCOUNT OF THE INCOME F ROM JCB OPERATIONS. AGAINST THIS, THE ASSESSEE PREFERRED AN APPEAL BEFORE LD. CIT(A), WHO AFTER CONSIDERING THE SUBMISSIONS CONFIRMED THE ADDITION. LD. COUNSEL FO R THE ASSESSEE SUBMITTED THAT THERE IS NO DISPUTE WITH REGAR D TO THE FACT THAT THE ADDITION HAS BEEN MADE IN RESPECT OF INCOME FROM JCB OPERATIONS. HOWEVER, THE AUTHORITIES BELOW FAILED TO CONSIDER THAT ASSESSEE WAS ENTITLED FOR DEPRECIATION ON JCB. THE AUTHORITIES BELOW OUGHT TO HAVE ALLOWED THE CLAIM OF DEPRECIATION. HE SUBMITTED THAT A [ITA 615/IND/2017] [KRIPASHANKAR PARMAR, SHAJAPUR] 3 SPECIFIC REQUEST WAS MADE BEFORE THE LD. CIT(A) FOR GI VING ALLOWANCE OF DEPRECIATION. IN SUPPORT OF THIS, HE HAS DRAWN OUR ATTENTION TO THE SUBMISSION MADE BEFORE THE LD. CIT(A). 3. PER CONTRA, LD. D.R. OPPOSED THESE SUBMISSIONS AND SUBMITTED THAT THE ASSESSEE HAD NOT DISCLOSED INCOME F ROM OPERATION OF JCB. THE INCOME WAS ESTIMATED ON THE BASI S OF THE STATEMENT GIVEN BEFORE THE A.O. THE ASSESSEE HAD NOT MADE ANY CLAIM FOR DEPRECIATION BEFORE THE A.O., THEREFORE, HE SUBMITTED THAT NOW THE ASSESSEE CANNOT B E ALLOWED DEPRECIATION. MOREOVER, THE ASSESSEE HAS NOT TAK EN ANY SPECIFIC GROUND IN THIS REGARD. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. THERE IS NO DISPUTE WITH REGARD TO THE FACT THAT THE INCOME HAS BEEN ASSESSED ON THE BAS IS OF THE INCOME DERIVED FROM OPERATION OF JCB MACHINE. IT IS ALSO THE UNDISPUTED FACT THAT NO GROUND FOR CLAIM OF [ITA 615/IND/2017] [KRIPASHANKAR PARMAR, SHAJAPUR] 4 DEPRECIATION IS RAISED BY THE ASSESSEE EXCEPT A SUBMIS SION WAS MADE BEFORE THE LD. CIT(A) AND ORAL SUBMISSION BEF ORE THIS TRIBUNAL. CONSIDERING THE FACT THAT INCOME HAS BE EN ATTRIBUTED TO THE OPERATION OF JCB MACHINE, UNDER THE NORMAL CIRCUMSTANCES, THE ASSESSEE IS ENTITLED FOR DEPRECIATION ON SUCH MACHINE. WE THEREFORE, CONSIDER ING THE TOTALITY OF THE FACTS AND IN THE INTEREST OF PRINC IPLES OF NATURAL JUSTICE, SET ASIDE THE IMPUGNED ORDER AND RESTO RE THE ASSESSMENT TO THE FILE OF THE A.O. TO MAKE A FRESH ASSESSMENT AFTER GIVING DUE OPPORTUNITY TO THE ASSESSE E. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 24 . 01.2019. SD/- (MANISH BORAD) SD/- (KUL BHARAT) A CCOUNTANT MEMBER JUDICIALMEMBER INDORE; DATED : 24/01/2019 VG/SPS [ITA 615/IND/2017] [KRIPASHANKAR PARMAR, SHAJAPUR] 5 COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUAR D FILE. BY ORDER ASSISTANT REGISTRAR, INDORE
