GOMATI DEVI AGARWAL, BEAWAR V. ITO, BEAWAR

ITA 623/JPR/2014

• Counselvise Citation: 62323114 RSA 2014
• Duration Of Justice: 1 year(s) 1 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 10-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P BHATEJA
• Assessee Lawyers: MUKESH AGARWAL
• Keywords: Reason to believe
• Section: 147

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES SMC, JAIPUR JH IH-DS-CALY] YS[KK LNL; DS LE{K BEFORE: SHRI P.K. BANSAL, ACCOUNTANT MEMBER VK;DJ VIHY LA- @ ITA NO. 623 & 624/JP/2014 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2005-06 & 2006-07 GOMATI DEVI AGARWAL, W/O-LATE SHRI MANAK CHAND AGARWAL, SWAROOP MARKET, SARAOGI MOHALLA, BEAWAR CUKE VS. INCOME TAX OFFICER, WARD 2, BEAWAR LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: ACWPA 7135 L VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI MUKESH AGARWAL (CA) JKTLO DH VKSJ LS @ REVENUE BY : SHRI O.P. BHATEJA (ADDL.CIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 05/11/2015 MN?KKS'K .KK DH RKJH[ K @ DATE OF PRONOUNCEMENT : 06/11/2015 VKNS'K @ ORDER PER P.K. BANSAL, A.M. BOTH THE APPEALS FILED BY THE ASSESSEES ARISE AGAI NST THE ORDER DATED 05/06/2014 PASSED BY THE LEARNED CIT (A), AJMER FOR A.Y. 2005-06 & 2006-07. 2. SINCE COMMON ISSUE REGARDING VALIDITY OF THE PRO CEEDINGS INITIATED U/S 147 OF THE INCOME TAX ACT, 1961 (IN SHORT THE AC T) AND CONSEQUENTLY ITA 623 & 624/JP/2014_ GOMATI DEVI AGARWAL VS. ITO 2 THE VALIDITY OF THE ASSESSMENT FRAME IS INVOLVED, T HEREFORE BOTH THE APPEALS ARE DECIDED BY THIS COMMON ORDER. 3. IN BOTH THE APPEALS, THE ASSESSEE HAS TAKEN EVEN THOUGH THE OTHER GROUND OF APPEAL IN ADDITION TO THE VALIDITY OF THE REASSESSMENT. BOTH THE PARTIES AGREED THAT BOTH THESE APPEALS BE DECIDED O N THE BASIS OF THE FACTS INVOLVED IN THE CASE OF ASSESSEE FOR THE ASSESSMENT YEAR 2005-06. 4. AFTER HEARING THE RIVAL SUBMISSIONS OF BOTH THE PARTIES AND CAREFULLY CONSIDERED THE SAME ALONGWITH ORDERS OF THE TAX AUTH ORITIES BELOW, I NOTED THAT IN BOTH THE APPEALS, EVEN THOUGH ASSESSMENT HA S BEEN REOPENED ON THE BASIS OF CERTAIN INCOME BUT I NOTED THAT THE AS SESSING OFFICER HAS NOT MADE ANY ADDITION ON THE BASIS OF WHICH THE REASSESS MENT PROCEEDINGS WERE INITIATED. IN VIEW OF THIS FACT, WHICH HAS NOT B EEN DENIED BY THE LD DR. THE ISSUE INVOLVED IS COVERED BY THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. DR. DEVENDRA GUPTA [2011] 336 ITR 59 (RAJ), WHEREIN THE HON'BLE HIGH CO URT HAS HELD AS UNDER:- IF IN THE COURSE OF PROCEEDINGS UNDER SECTION 147 OF THE INCOME- TAX ACT, 1961, THE ASSESSING OFFICER WERE TO COME T O THE CONCLUSION, THAT ANY INCOME CHARGEABLE TO TAX, WHIC H, ACCORDING TO HIS REASON TO BELIEVE, HAD ESCAPED ASSESSMENT FOR ANY ASSESSMENT YEAR, DID NOT ESCAPE ASSESSMENT, THEN, T HE MERE FACT ITA 623 & 624/JP/2014_ GOMATI DEVI AGARWAL VS. ITO 3 THAT THE ASSESSING OFFICER ENTERTAINED A REASON TO BELIEVE, ALBEIT EVEN A GENUINE REASON TO BELIEVE, WOULD NOT CONTINU E TO VEST HIM WITH THE JURISDICTION TO SUBJECT TO TAX, ANY OTHER INCOME, CHARGEABLE TO TAX, WHICH THE ASSESSING OFFICER MAY FIND TO HAVE ESCAPED ASSESSMENT, AND WHICH MAY COME TO HIS NOTIC E SUBSEQUENTLY, IN THE COURSE OF PROCEEDINGS UNDER SE CTION 147. RESPECTFULLY FOLLOWING THE DECISION OF HON'BLE JURIS DICTIONAL HIGH COURT, I QUASH BOTH THE ASSESSMENTS. 5. IN THE RESULT, BOTH THE APPEALS OF ASSESSEES STA ND ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 06/11/2015. SD/- IH-DS-CALY (P.K. BANSAL) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ @ JAIPUR FNUKAD @ DATED:- 06 TH NOVEMBER, 2015 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- SMT. GOMATI DEVI, BEAWAR. 2. IZR;FKHZ @ THE RESPONDENT- THE ITO, WARD 2, BEAWAR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDR @ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 623 & 624/JP/2014) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR