SWAMI DEVENDRA PRAKASH, RANCHI V. ACIT CENTRAL CIRCLE-3 , RANCHI

ITA 97/RAN/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9531 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 10 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 12-04-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: K N PRASAD
• Keywords: Unexplained investment
• Section: 143(3); 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: RANCHI BENCH, RANCHI BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A NOS.96&97/RAN/2018 ASSESSMENT YEARS: 2011-12 & 2012-13 SWAMI DEVENDRA PRAKASH FLAT NO.E-502, BANSAL PLAZA, OLD H.B. ROAD, RANCHI-834001. VS. ACIT, CENTRAL CIRCLE-3, RANCHI PAN/GIR NO. : AODPP3708D ( APPELL ANT ) .. (RESPONDENT) APPELLANT BY SHRI K. N. PRASAD, ADVOCATE RESPONDENT BY SHRI AJAY KUMAR, ADDL. CIT(DR) DATE OF HEARING 03.03.2020 DATE OF PRONOUNCEMENT 03.03.2020 O R D E R S. S. GODARA(ORAL): THESE TWO ASSESSEES APPEALS FOR ASSESSMENT YEARS 2011-12 & 2012-13 ARISE AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-3, PATNA BOTH DATED 26.02.2018 PASSED IN CASE NO.102&101/CIT(A)-3/PAT/14-15 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). HEARD BOTH THE LEARNED REPRESENTATIVES. CASE FILES PERUSED. 2. THE ASSESSEES FIRST ARGUMENT RAISED DURING THE COURSE OF HEARING IS THAT BOTH THE LEARNED LOWER AUTHORITIES HAVE ERRED IN LAW AND ON FACTS IN INVOKING SECTION 153A PROCEEDINGS IN THE ABSENCE OF ANY INCRIMINATING MATERIAL FOUND/SEIZED DURING THE COURSE OF SEARCH CARRIED ON 28.08.11. I FIND NO MERIT IN THE INSTANT LEGAL ISSUE SINCE THIS IS AN INSTANCE OF AN ABATED ASSESSMENT ONLY. THIS FORMER SUBSTANTIVE GROUND IS REJECTED THEREFORE. 3. NEXT COMES THE LATTER ISSUE OF CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION ADDING UNEXPLAINED INVESTMENT(S) OF RS.1,59,934/- AND RS.4,62,965/-; ON PRO RATA BASIS RESPECTIVELY. THIS CLINCHING FACT OF PRO RATA ESTIMATION IS NOT FOUND TO BE BASED ON ANY INCRIMINATING MATERIAL ON RECORD PER SE AS IT IS EVIDENT FROM THE CASE FILES. THE FACT ALSO REMAINS THAT THE ASSESSEE COULD NOT DISCHARGE HIS ONUS FOR PROVING SOURCE OF THE IMPUGNED I.T.A NO.96&97/RAN/2018 SWAMI DEVENDRA PRAKASH 2 INVESTMENT(S) NOR THE DEPARTMENT HAS GIVEN CREDIT OF HIS CASH IN HAND. I DEEM IT APPROPRIATE IN THESE FACTS AND CIRCUMSTANCES THAT A LUMPSUM ADDITION OF RS.80,000/- IN FORMER AND RS.2,30,000/- IN LATTER ASSESSMENT YEAR; RESPECTIVELY WOULD MEET THE ENDS OF JUSTICE WITH A RIDER THAT THE SAME SHALL NOT BE TAKEN AS A PRECEDENT. NECESSARY COMPUTATION INCLUDING INTEREST SHALL FOLLOW AS PER LAW. 3. THESE ASSESSEES TWO APPEALS ARE PARTLY ALLOWED IN ABOVE TERMS. ORDER IS PRONOUNCED IN THE OPEN COURT ON 03.03.2020. SD/- (S. S. GODARA) JUDICIAL MEMBER DATED: 03.03.2020. RS COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) - 5. THE DR, ITAT, RANCHI 6. GUARD FILE BY ORDER SR. P.S., ITAT, RANCHI (ON TOUR)