ACIT, Ranchi V. Sri Narayan Prasad Modi, Ranchi

ITSSA 22/RAN/2014

• Counselvise Citation: [2015] 122 COUNSELVISE.COM (IT) 1199 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 11 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 02-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 22-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DEEPAK ROUSHAN SR S C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI CIRCUIT BENCH, RANCHI BEFORE SHRI N.S. SAINI, HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER IT(SS)A NO. 22 TO 25 & 27/RAN/2014 (ASST. YEAR : 2008-09) DCIT, CENTRAL CIRCLE-2, RANCHI. VS. 1. SHRI NARAYAN PRASAD MODI, MODI BHAWAN, KANKE ROAD, RANCHI. PAN NO. ADQPM 0427 N 2. SHRI NITESH KUMAR MODI, MODI BHAWAN, KANE ROAD, RANCHI. PAN NO. ADXPM 9817 F 3. SMT. SHEETAL MODI, GOENKA HOUSE, POLICE BAZAR, SHILONG. PAN NO. ADBPM 1877 D 4. SMT. PUSHPA MODI, MODI BHAWAN, KANKE ROAD, RANCHI. PAN NO. AEJPM 4498 PURCHASE 5. SMT. SUNAINA MODI, MODI BHAWAN, KANKE ROAD, RANCHI. PAN NO. AKKPM 4135 C (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI S.K. PODDAR WITH SHRI M.K. CHOUDHARY ADV. DEPARTMENT BY : SHRI DEEPAK ROUSHAN SR.SC DATE OF HEARING : 02/11/2015. DATE OF PRONOUNCEMENT : 02/11/2015. 2 IT(SS) A NO. 22-25 & 27/RAN/2014 O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER THESE ARE THE APPEALS FILED BY THE REVENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS), RANCHI, DATED 28/07/2014. 2. THE COMMON GROUND OF APPEALS TAKEN BY THE REVENUE IN ALL THESE APPEALS READS AS UNDER:- THE LD. CIT (APPEALS), RANCHI OUGHT NOT HAVE DECI DED THE APPEALS WHEREIN PROTECTIVE ADDITIONS WERE MADE PRIO R TO DECISION ON SUBSTANTIVE ADDITION. 3 . DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE PR ESENT APPEALS OF THE REVENUE ARE INFRUCTUOUS IN VIEW OF THE POINT NO.12 OF FORM NO. 36 FILED BY THE REVENUE WHICH READS AS UNDER:- IT(SS)A NO. 22/RAN/2014 THE APPELLANT HAVING RETURNED INCOME FOR A.Y. 200 9-10 OF RS. 50 LAKHS THERE WAS NO REASON FOR OCCASION TO SUGGEST T HAT THE SAME IS TO BE TAXED FOR THE A.Y. 2008-09. LD. A.O. WAS, THEREFORE, NOT JUSTIFIED IN MAKING AN ADDITION OF RS. 50 LAKHS TO THE TOTAL INCOME DISCLOSED FOR THE YEAR UNDER CONSIDERATION. THE AD DITION MADE IS UNJUSTIFIED, ARBITRARY AND ILLEGAL. IT(SS)A NO.23/RAN/2014 THE APPELLANT HAVING RETURNED INCOME FOR A.Y. 2009 -10 OF RS. 70 LAKHS THERE WAS NO REASON FOR OCCASION TO SUGGEST T HAT THE SAME IS TO BE TAXED FOR THE A.Y. 2008-09. LD. A.O. WAS, THEREFORE, NOT JUSTIFIED IN MAKING AN ADDITION OF RS. 70 LAKHS TO THE TOTAL INCOME DISCLOSED FOR THE YEAR UNDER CONSIDERATION. THE AD DITION MADE IS UNJUSTIFIED, ARBITRARY AND ILLEGAL. 3 IT(SS) A NO. 22-25 & 27/RAN/2014 IT(SS)A NO. 24/RAN/2014 THE LD. A.O. WAS NOT JUSTIFIED IN MAKING AN ADDITIO N OF RS. 40,00,000/- AS ADDITIONAL INCOME WHICH WAS DISCLOSE D BY THE APPELLANT FOR THE A.Y. 2009-10. IT(SS)A NO. 25/RAN/2014 THE APPELLANT HAVING RETURNED INCOME FOR A.Y. 2009 -10 OF RS. 30 LAKHS THERE WAS NO REASON FOR OCCASION TO SUGGEST T HAT THE SAME IS TO BE TAXED FOR THE A.Y. 2008-09. LD. A.O. WAS, THEREFORE, NOT JUSTIFIED IN MAKING AN ADDITION OF RS. 30 LAKHS TO THE TOTAL INCOME DISCLOSED FOR THE YEAR UNDER CONSIDERATION. THE AD DITION MADE IS UNJUSTIFIED, ARBITRARY AND ILLEGAL. IT(SS)A NO. 27/RAN/2014 THE APPELLANT HAVING RETURNED INCOME FOR A.Y. 2009 -10 OF RS. 30 LAKHS THERE WAS NO REASON FOR OCCASION TO SUGGEST T HAT THE SAME IS TO BE TAXED FOR THE A.Y. 2008-09. LD. A.O. WAS, THEREFORE, NOT JUSTIFIED IN MAKING AN ADDITION OF RS. 30 LAKHS TO THE TOTAL INCOME DISCLOSED FOR THE YEAR UNDER CONSIDERATION. THE AD DITION MADE IS UNJUSTIFIED, ARBITRARY AND ILLEGAL. 4. IN VIEW OF THE ABOVE SUBMISSION OF THE DEPARTMENTA L REPRESENTATIVE, WE DISMISS THE APPEALS OF THE REVEN UE FOR ALL THE YEARS UNDER CONSIDERATION. 5. IN THE RESULT, ALL THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE H EARING ON MONDAY, THE 2 ND DAY OF NOVEMBER, 2015 AT RANCHI. SD/- SD/- (GEORGE MATHAN) (N.S.SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 02 ND NOVEMBER, 2015. 4 IT(SS) A NO. 22-25 & 27/RAN/2014 VR/- COPY TO: 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT 4. THE CIT(A) 5. THE D.R. 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., RANCHI 5 IT(SS) A NO. 22-25 & 27/RAN/2014 DATE INITIAL ORIGINAL DICTATION PAD & DRAFT ARE ENCLOSED IN THE FILE 1. DRAFT DICTATED ON 02/11/2015 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 03/11/2015 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 03/11/2015 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 03/11/2015 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 03/11/2015 SR.PS 6. DATE OF PRONOUNCEMENT 02/11/2015 SR.PS 7. FILE SENT TO THE BENCH CLERK 03/11/2015 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER