Income Tax Officer Ward-7(1), Jaipur V. Shri Mukesh Kumar Meena, Jaipur

ITA 754/JPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 3722 (ITAT-JAIPUR)
• Duration Of Justice: 10 month(s) 29 day(s)
• Appeal Type: Income Tax (International Taxation) Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 30-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J C KULHARI
• Keywords: Unexplained expenditure; Tax effect
• Section: 69C

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA- @ ITA NO. 754/JP/2018 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2008-09 THE ITO, WARD-7(1), JAIPUR. CUKE VS. SH. MUKESH KUMAR MEENA 37, BHAGIRATH NAGAR, TONK ROAD, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AGXPM 1175 D VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPON DENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI P.C. PARWAL (C.A.) JKTLO DH VKSJ LS @ REVENUE BY : SHRI J. C. KULHARI (J.CIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 27/07/2018 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 30/07/2018 VKNS'K@ ORDER PER: VIJAY PAL RAO, J.M. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 15.03.2018 OF CIT(A), JAIPUR FOR THE ASSESSMENT YEA R 2008-09. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS AS UNDER:- APPEAL IS FILED ON THE FOLLOWING GROUNDS AGAINST T HE ORDER OF LD. CIT(A)-III, JAIPUR IN APPEAL NO.797/JPR/2015-16 DAT ED 15.03.2018 IN THE CASE OF SH. MUKESH KUMAR MEENA, 3 7, BHAGIRATH NAGAR, TONK ROAD, JAIPUR FOR THE A.Y. 200 8-09 :- ITA NO. 754/JP/2018 ITO VS. SH. MUKESH KUMAR MEENA 2 I. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS. 40,86,209/- O N ACCOUNT OF SHORT TERM CAPITAL GAIN RELYING UPON THE DECISION O F THE HON'BLE ITAT VIDE ORDER DATED 27.06.2017 IN ITA NO.515/JP/2 015 II. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE THE CIT(A) WAS JUSTIFIED IN LAW IN HOLDING THAT THE DAT E OF TRANSFER WAS 01.63.2006? III. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE THE CIT(A) WAS JUSTIFIED IN LAW IN HOLDING THAT THE DAT E OF TRANSFER WAS NOT 26.07.2007? IV. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE THE CIT(A) WAS JUSTIFIED IN LAW IN HOLDING THAT CLAIM O F TRANSFER U/S 45(3) ON 01.03.2006 WAS SHAM AND RUSE TO EVADE CAPI TAL GAIN TAX WHEN VEIL HAS BEEN LIFTED BY THE AO BY MUSTERING FA CTS ? V. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE, THE CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS.1,4 1,604/- ON ACCOUNT OF UNEXPLAINED EXPENDITURE U/S 69C OF IT AC T,1961? VI. THE APPELLANT CRAVES LEAVE TO ADD, ALTER, AMEND, WI THDRAW OR INSERT ANY GROUND OR GROUNDS OF APPEAL BEFORE OR AT THE TIME OF HEARING OF THE APPEAL. 2. IT IS APPARENT THAT THE LD. CIT(A) HAS DELETED ADDITION MADE OF RS. 40,86,209/- AND FURTHER RS. 1,41,604/- ON ACCOUNT OF UNEXPLAIN ED EXPENDITURE U/S 69C THEREFORE, TAX EFFECT IS NOT EXCEEDING RS. 20 LACS WHEREAS AS PER THE CIRCULAR NO. 3/2018 DATED 11.07. 2018 OF CBDT THE DEPARTMENT SHALL WITHDRAW ALL THE APPEALS HAVING TA X EFFECT NOT EXCEEDING RS. 20 LACS PENDING BEFORE THE TRIBUNAL. HENCE, WHEN THE TAX ITA NO. 754/JP/2018 ITO VS. SH. MUKESH KUMAR MEENA 3 EFFECT IN THIS APPEAL OF THE REVENUE IS NOT EXCEEDI NG THE LIMITS PROVIDED IN THE CIRCULAR NO. 3/2018 THE SAME IS NOT MAINTAIN ABLE. ACCORDINGLY THE APPEAL OF THE REVENUE IS DISMISSED. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 30/07/2018. SD/- SD/- FOE FLAG ;KNO FOT; IKY JKO (VIKRAM SINGH YADAV) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 30/07/2017. * SANTOSH. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE ITO, WARD-7(1), JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- SH. MUKESH KUMAR MEENA, JAIPUR. 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. 754/JP/2018} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR