Neeraj Jain, Sitapur V. Asstt. Commissioner of Income Tax, Sitapur

ITA 626/LKW/2014

• Counselvise Citation: 62623714 RSA 2014
• Duration Of Justice: 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 10-06-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 28-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R K RAM
• Section: 143(3); 147

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.626/LKW/2014 ASSESSMENT YEAR:2005 - 2006 A.C.I.T., SITAPUR. VS SHRI NEERAJ JAIN, PROP. M/S JAIN BROTHERS, CIVIL LINES, SITAPUR. PAN:AASPJ6139P (RESPONDENT) (APPELLANT) SHRI K. R. RASTOGI, F.C.A. APPELLANT BY SHRI R. K. RAM, D. R. RESPONDENT BY 11/06/2015 DATE OF HEARING 15 /07/2015 DATE OF PRONOUNCEMENT O R D E R PER A. K. GARODIA, A.M. THIS IS ASSESSEES APPEAL DIRECTED AGAINST THE ORDER PASSED BY LEARNED CIT(A), BAREILLY DATED 09/05/2014 FOR THE ASSESSMENT YEAR 2005 - 2006. 2. THE GROUNDS RAISED BY THE ASSESSEE ARE AS UNDER: THAT THE LEARNED COURTS BELOW ARE NOT JUSTIFIED IN ADDING RS.2,55,672/ - ON ACCOUNT OF ACCRUED INTEREST. THAT THE PROCEEDINGS U/S 147/148 ARE NOT VALID, LEGAL AND PROPER AND ARE TIME BARRED. THAT THE ORDER PASSED BY THE ACIT IS BAD IN LAW. THAT THE FINDINGS OF THE LEARNED COURTS BELOW ARE CO NTRARY TO LAW AND FACTS OF THE CASE. THAT THE PROCEEDINGS ARE BARRED BY LIMITATION. THAT THE INCOME ASSESSED IS HIGHLY EXCESSIVE. 2 3. IT WAS SUBMITTED BY LEARNED AR OF THE ASSESSEE THAT ON PAGES 6 TO 10 IS THE ASSESSMENT ORDER PASSED BY THE ASSESSING OFF ICER ON 27/08/2007 U/S 143(3) OF THE ACT FOR THE SAME ASSESSMENT YEAR AND THEREFORE, THE PROVISO TO SECTION 147 IS APPLICABLE. HE FURTHER SUBMITTED THAT THIS IS NOT THE ALLEGATION OF THE ASSESSING OFFICER THAT AN Y INCOME HAS ESCAPED THE ASSESSMENT FOR THE FAILURE OF THE ASSESSEE AND THEREFORE, THE REOPENING IS NOT JUSTIFIED IN VIEW OF THESE PROVISIONS OF PROVISO TO SECTION 147 OF THE ACT. 4. LEARNED D. R. OF THE REVENUE SUPPORTED THE ORDERS OF THE AUTHORITIES BELOW. 5. WE HAVE CONSIDERED THE RIVAL SUBMIS SIONS. WE FIND THAT IN THE PRESENT CASE , THE PROVISO TO SECTION 147 IS APPLICABLE AND THEREFORE, THIS IS PRE - REQUISITE THAT THE ASSESSING OFFICER SHOULD ESTABLISH THAT THE INCOME HAS ESCAPED ASSESSMENT FOR THE REASON OF FAILURE OF THE ASSESSEE TO DISCLOS E FULLY AND TRULY ALL MATERIAL FACTS NECESSARY FOR HIS ASSESSMENT. IN THE PRESENT CASE, THE ASSESSING OFFICER HAS NOT ESTABLISHED THIS ASPECT AND THEREFORE, IN THE FACTS OF THE PRESENT CASE, THE REOPENING IS NOT VALID . W E QUASH THE CONSEQUENT ASSESSMENT F RAMED BY THE ASSESSING OFFICER U/S 147 OF THE ACT. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS ALLOWED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 15 /07/2015 *C.L.SINGH COPY OF THE ORDER FORWARDED TO : 1.THE APPELLANT 2.THE RESPONDENT. 3.CONCERNED CIT 4.THE CIT(A) 5.D.R., I.T.A.T., LUCKNOW ASSTT. REGISTRAR