Shri Nimish B.Panchal, Ahmedabad V. The Dy.CIT.,Cent.Circle-1(2), Ahmedabad

ITSSA 143/AHD/2011

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 3622 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 11 month(s) 21 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 12-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 06-04-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 21-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VASUNDRA UPMANYU
• Assessee Lawyers: P M MEHTA; GM THAKOR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH AHMEDABAD BEFORE, SHRI PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHRI S. S. GODARA, JUDICIAL MEMBER IT(SS)A NO. 143/AHD/2011 (AS SESSMENT YEAR: 2006-07) NIMISH B. PANCHAL, F-24, TIRHDHAM APARTMENTS, OPP: SATYAGRAH CHHAVNI, JUDGES BUNGALOW CHAR RASTA, BODAKDEV, AHMEDABAD 380 015 APPELLANT VS. DCIT CENTRAL CIRCLE 1(2), ROOM NO. 305, 3 RD FLOOR, AAYAKAR BHAVAN, ASHRAM ROAD, AHMEDABAD RESPONDENT PAN: AEWPP1605C /BY ASSESSEE : SHRI P. M. MEHTA & SHRI G. M . THAKOR, A.R. /BY REVENUE : VASUNDRA UPMANYU, CIT D.R. /DATE OF HEARING : 08.02.2018 /DATE OF PRONOUNCEMENT : 12.02.2018 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2006-07 ARISES AGAINST THE CIT(A)-I, AHMEDABADS ORDER DATED 29.12.2010, IN CA SE NO. CIT(A)- I/CC.1(2)/537/2008-09, UPHOLDING THE ASSESSING OFFI CERS ACTION MAKING PROTECTIVE ADDITION OF RS.6,90,77,500/- PERTAINING TO PORBUNDA R LAND DEALINGS, IN PROCEEDINGS U/S. 153 R.W.S. 153A(1)(B) R.W.S. 1434(3) OF THE IN COME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. IT(SS)A NO. 143/AHD/11 [NIMISH B. PANCHAL VS. DCIT ] A.Y. 2006-07 - 2 - 2. IT EMERGES AT THE OUTSET THAT BOTH THE LEARNED L OWER AUTHORITIES HAVE CHOSEN TO MAKE PROTECTIVE ADDITION IN INSTANT ASSESSEES HAND S. WE SOUGHT TO KNOW ABOUT THE CORRESPONDING SUBSTANTIVE ADDITION OUTCOME. LEARNE D COUNSEL REPRESENTING ASSESSEE INFORMS US THE MAIN PERSON SHRI ASHISH P. PATEL HAS ALREADY ADMITTED VERY SUM AS INCOME AND PAID TAXES. HE TAKES US TO ASSESSEES P APER BOOK PAGE 29 TO 31 INDICATING THE SAID FACTUAL POSITION. WE NOTICE TH AT LEARNED CIT(A)S ORDER IN PARA 34 TAKES COGNIZANCE OF MR. PATEL PAYING TAXES QUA T HIS VERY ADDITION. HE HOWEVER IS OF THE VIEW THAT THE SAID ASSESSEE HAS CHALLENGE D LEARNED SETTLEMENT COMMISSIONS ORDERS REJECTING HIS PETITION BEFORE H ONBLE JURISDICTION HIGH COURT. WE SEE NO REASON TO CONCUR WITH THE SAME. IT HAS C OME ON RECORD THAT MAIN PERSON HAS ALREADY PAID TAXES QUA THIS VERY ADDITION OF RS .6,90,77,500/-. LEARNED DEPARTMENTAL REPRESENTATIVE FAILS TO DISPUTE THIS C LINCHING FACT OF THE VERY SUM BEING ALREADY ASSESSED ON SUBSTANTIVE BASIS. WE TH EREFORE ACCEPT ASSESSEES GRIEVANCE TO DELETE INSTANT PROTECTIVE ADDITION. 3. THIS ASSESSEES APPEAL IS ACCORDINGLY ALLOWED. [PRONOUNCED IN THE OPEN COURT ON THIS T HE 12 TH DAY OF FEBRUARY, 2018.] SD/- SD/- ( PRAMOD KUMAR ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 12/02/2018 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )* + ,--. . /0 / DR, ITAT, AHMEDABAD 1 + 23 / GUARD FILE. BY ORDER / . // . /0