Shri Manohar Lal Paul, Ranchi V. DCIT, Ranchi

ITSSA 13/RAN/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9596 (ITAT-RANCHI)
• Duration Of Justice: 2 year(s) 11 month(s) 17 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 05-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 18-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: INDERJI T SINGH
• Keywords: Unexplained expenditure
• Section: 143(3); 153A; 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH, RANCHI BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER IT (SS) A NO. 13 / RAN / 201 6 ASSESSMENT YEAR :2009-10 SRI MANOHAR LAL PAUL 266/A-5, LOWER VIDYAPATI NAGAR, KANKE ROAD, RANCHI-834008 [ PAN NO.AHSPP 6319 A ] V/S . DCIT, CENTRAL CIRCLE- 1, RANCHI /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI DEVESH PODDAR, ADVOCATE /BY RESPONDENT SHRI INDERJIT SINGH CIT-DR /DATE OF HEARING 10-01-2019 /DATE OF PRONOUNCEMENT 15-02-2019 / O R D E R PER BENCH:- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2009-10 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-3 PATNAS ORDER DATED 17.02.2016 PASSED IN CASE NO.111/CIT(A)-3/PAT/13-14 INVOLVING PROCEEDINGS U/S 153A R.W.S 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED 2. IT EMERGES DURING THE COURSE OF HEARING THAT THE ASSESSEES SOLE SUBSTANTIVE GROUND RAISED IN THE INSTANT APPEAL SEE KS TO DELETE UNEXPLAINED EXPENDITURE ADDITION OF RS.8,06,019/- ADDED IN BOTH THE LOWER PROCEEDINGS. WE FIND FROM THE LOWER PROCEEDINGS THAT INCOME TAX SET TLEMENT COMMISSION HAS IT(SS)A NO.13/RAN/2067 A.Y. 2009 -10 SH MANOHAR LAL PAUL VS. DCIT CC-1, RANCHI PAGE 2 PASSED FINAL ORDER IN ASSESSEES CASE ASSESSING ADD ITIONAL INCOME OF RS.2 LAC WHICH HAS ATTAINED FINALITY. THE FACT ALSO REMAINS THAT THIS SETTLEMENT COMMISSIONS ORDER HAS NOT BEEN CONSIDERED IN EITHE R OF THE LOWER PROCEEDINGS. WE THEREFORE RESTORE THE INSTANT LIS B ACK TO THE ASSESSING OFFICER FOR FRAMING CONSEQUENTIAL ASSESSMENT ORDER GOING BY THE SETTLEMENT COMMISSIONS ORDER HEREINABOVE AS PER LAW. 3. SECTION 234B INTEREST SHALL BE CALCULATED AS PER HON'BLE JURISDICTIONAL HIGH COURTS DECISION IN ITO VS .AJAY PRAKASH VERM A IN C.R. NO. 66 OF 2013 DATED 01.09.2015. 4. THIS ASSESSEES APPEAL IS ACCEPTED FOR STATISTIC AL PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN ACCORDANCE WITH RULE 34(4) OF THE ITAT RULES BY PUTTING ON NOTICE BOARD ON 15/02/2019 SD/- SD/- ( ) ('# ) (DR. A.L. SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) RANCHI, *DKP $- 15 / 02 /2019 RANCHI / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-SRI MANOHAR LAL PAUL, 266/A-5 LOWER VIDY APATI NAGAR, KANKE ROAD, RAN CHI-834008 2. /RESPONDENT-DCIT, CENTRAL CIRCLE-1, RANCHI 3. 0 3 / CONCERNED CIT RANCHI 4. 3- / CIT (A) RANCHI 5. 6 ##0, 0, / DR, ITAT, RANCHI 6. < / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR.PS, I TAT, RANCHI