Income Tax Officer, Pune V. Smt. Anita P.Chopda, Pune

ITA 877/PUN/2010

• Counselvise Citation: 87724514 RSA 2010
• Duration Of Justice: 1 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 13-12-2011
• Assessment Year: 1998-1999
• Appeal Filed On: 08-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained expenditure
• Section: 69C; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI I C SUDHIR, JUDICIAL MEMBER AND SHRI G.S. PANNU, ACCOUNTANT MEMBER ITA NO 877/PN/10 (ASSTT. YEAR: 1998-99) INCOME-TAX OFFICER, .. APPELLANT WARD 2(1), PUNE VS. SMT ANITA P. CHOPDA, .. RESPONDENT FLAT NO.3 S.NO 573, SUPARSHWANATH SOCIETY, BIBWEWADI, PUNE 411037 PAN AANPC8683 Q APPELLANT BY: SMT NEERA MALHOTRA RESPONDENT BY: SHRI NIKHIL PATHAK DATE OF HEARING : 13.12.2011 DATE OF PRONOUNCEMENT : 15.12.2011 ORDER PER G.S. PANNU, AM THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-II, PUNE DATED 17.3.2010 WHICH, IN TURN, HAS ARISEN FROM AN ORDER DATED 27.3.2006 P ASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) R.W.S. 147 O F THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT) PERTAINING TO THE AS SESSMENT YEAR 1998- 99. 2. THE MAIN GRIEVANCE OF THE REVENUE IN THE CAPTIONED APPEAL IS THAT THE COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN DELETING THE ADDITION OF RS 8,63,880/- MADE ON ACCOUNT OF UNEXPLAINED MONEY/INVEST MENT IN RESPECT OF BOGUS SALES OF DIAMONDS UNDER SECTION 68 AND OF RS 86,388 /- AS UNEXPLAINED EXPENDITURE UNDER SECTION 69C OF THE ACT. 3. AT THE OUTSET, THE LEARNED COUNSEL FOR THE RESPON DENT-ASSESSEE SUBMITTED THAT THE ISSUE RAISED IN THIS APPEAL STANDS SQUARELY COVE RED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE BY THE JUDGMENT OF THE HONBLE BOMBAY HIGH 2 COURT IN THE CASE OF CIT V. UTTAMCHAND JAIN 320 ITR 5 54 (BOM) AND BY THE DECISION OF OUR CO-ORDINATE BENCH IN THE CASE OF ACIT V. MRS GUNWANTI OMPRAKASH RANKA, PUNE, VIDE ITA NO 665/PN/09 DATED30 .9.2010, A COPY OF WHICH HAS BEEN PLACED ON RECORD. THE LEARNED DEPARTMEN TAL REPRESENTATIVE, APPEARING FOR THE REVENUE, DID NOT DISPUTE THE AFORE SAID FACT-SITUATION. 4. AFTER CONSIDERING THE SUBMISSIONS OF RIVAL SIDES, WE AR E OF THE CONSIDERED OPINION THAT THE ORDER OF THE COMMISSIONER OF INCOME-T AX (APPEALS) DOES NOT WARRANT ANY INTERFERENCE AT OUR END. THE ISSUE RAISED IN THIS APPEAL SQUARELY STANDS COVERED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE BY THE JUDGMENT OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT V. UTTAMCHAND JAIN (SUPRA) AS ALSO BY THE DECISION OF OUR CO -ORDINATE BENCH IN THE CASE OF MRS GUNWANTI OMPRAKASH RANKA (SUPRA). FOLLOWING T HE PRECEDENT, WE AFFIRM THE ORDER OF THE COMMISSIONER OF INCOME-TAX (AP PEALS). AS A RESULT, REVENUE FAILS ON THIS GROUND. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSE D. DECISION PRONOUNCED IN THE OPEN COURT ON THE 15 TH DAY OF DECEMBER, 2011. SD/- SD/- (I C SUDHIR) (G.S. PAN NU) JUDICIAL MEMBER ACCOUNTANT MEM BER PUNE, DATED: 15 TH DECEMBER, 2011 B COPY TO:- 1) APPELLANT 2) RESPONDENT 3) THE CIT (A)-II, PUNE 4) CIT-II,PUNE 5) DR, B BENCH, ITAT, PUNE. 6) GUARD FILE TRUE COPY BY ORDER SR. PS, I.T.A.T., PUNE 3