Bashisht Narayan Choudhary, Ranchi V. DCIT, Ranchi

ITSSA 14/RAN/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9578 (ITAT-RANCHI)
• Duration Of Justice: 2 year(s) 10 month(s) 26 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 05-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 1999-2000
• Appeal Filed On: 09-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: INDERJI T SINGH
• Section: 143(3); 153A

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. 14, 29,31 - 3 2 / RAN / 201 6 ASSESSMENT YEARS :1999-00 TO 2001- 02 & 2003-04 SRI BASHISHT NARAYAN CHOUDHARY, NORTH MARKET ROAD, UPPER BAZAR, RANCHI-833001 [ PAN NO. ABIPC 2614 B ] V/S . DCIT, CENTRAL CIRCLE- 1, RANCHI /APPELLANT .. / RESPONDENT /BY ASSESSEE SHRI DEVESH PODDAR, ADVOCATE /BY REVENUE SHRI INDERJIT SINGH, CIT-DR /DATE OF HEARING 08-01-2019 /DATE OF PRONOUNCEMENT 11-01-2019 / O R D E R PER BENCH:- THESE FOUR ASSESSEES APPEALS FOR ASSESSMENT YEAR (S) 1999-00, 2000- 01, 2001-02 AND 2003-04 ARISES FROM THE COMMISSIONE R OF INCOME TAX (APPEALS)-3 PATNAS SEPARATE ORDER(S); DATED 30.03. 201 & 19.04.2016 PASSED IN CASE NOS.355, 356, 357/CIT(A)-3/PAT/10-11 RESPEC TIVELY IN PROCEEDINGS U/S 153A R.W.S. 144 R.W.S. 254 R.W.S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILES PERUSED 2. WE NOTICE AT THE OUTSET THAT THE INSTANT BATCH O F FOUR CASES DOES NOT REQUIRE US TO DIG MUCH DEEPER IN THE RELEVANT FACTS . THE DEPARTMENT HAD CARRIED OUT THE SEARCH IN QUESTION IN ASSESSEES CA SE ON 16.09.2004 CULMINATING IN THE IMPUGNED SEC. 153A ASSESSMENTS M AKING VARIOUS IT(SS)A NO.14,29,31-32/RAN/2016 A.YS.99-00 TO 01-02 & 03-04 SH B.N. CHOUDHARY VS. DCIT CC-2, RANCHI PAGE 2 ADDITION(S). THE FIRST ISSUE IN ALL THESE CASES IS THAT OF INCOME FROM BROKERAGE OR COMMISSION INVOLVING VARYING SUMS FOLLOWED BY VA RIOUS OTHER ISSUES. THE REVENUE VEHEMENTLY CONTENDS DURING THE COURSE OF HE ARING THAT ASSESSING OFFICER HAD RECEIVED INFORMATION FROM COMMERCIAL TA X DEPARTMENT WHICH FORMED THE INCRIMINATING EVIDENCE TO PROCEED IN SEC . 153A OF THE ACT. WE FIND NO MERIT IN THE INSTANT ARGUMENT. THE CLINCHING FAC T REMAINS THAT THE DEPARTMENT HAD NEITHER FOUND NOR SEIZED ANY MATERIA L DURING THE COURSE OF SEARCH, HAS GONE UNREBUTTED FROM THE REVENUE SIDE. THE INFORMATION ALLEGED TO HAVE BEEN RECEIVED FROM THE COMMERCIAL TAX DEPAR TMENT HAD NOT COME PRIOR IN POINT OF TIME OF INITIATION OF SEC. 153A P ROCEEDINGS. WE THEREFORE QUOTES THE DECISION OF HON'BLE DELHI HIGH COURT IN CIT VS. KABUL CHAWLA (2016) 380 ITR 573 (DEL). THAT SEC. 153A PROCEEDINGS ARE N OT SUSTAINABLE IN ABSENCE OF ANY INCRIMINATING EVIDENCE FOUND/SEIZED DURING SEARCH. 3. WE ADOPT THE ABOVE DETAILED DISCUSSION MUTATIS MUTANDIS TO QUASH ALL FOUR ASSESSMENT(S). 4. THESE ASSESSEES FOUR APPEALS ARE ALLOWED ACCORD INGLY. ORDER PRONOUNCED IN THE OPEN COURT 11/01/2019 SD/- SD/- ( ) ($% ) (DR. A.L. SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) RANCHI, *DKP SR.P.S &- 11 / 01 /2019 RANCHI / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE SHRI BASHIHT NARAYAN CHOUDHARY, NORTH MA RKET ROAD, UPPER BAZAR RANCHI-834002 2. REVENUE-DCIT, CENTRAL CIRCLE-1, RANCHI 3. 2 4 / CONCERNED CIT RANCHI 4. 4- / CIT (A) RANCHI 5. 7 %%2, 2, / DR, ITAT, RANCHI 6. = / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR.PS, I TAT, RANCHI