Ajay Kumar jhaC/o choudhary Agrwal&Thapa,CA, Ranchi V. DCIT CENT. CIRCLE-1, Ranchi

ITSSA 55/RAN/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9631 (ITAT-RANCHI)
• Duration Of Justice: 2 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 05-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 22-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: INDERJI T SINGH
• Section: 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. 55 - 56 / RAN / 2016 ASSESSMENT YEARS:2007-08 & 2010-11 AJAY KUMAR JHA C/O CHOUDHURY AGRAWAL & THAPA, CHARTERED ACCOUNTANT, OFFICE NO.6, 4 TH FLOOR, KAULESHWARI TOWER, RAJASTHAN KALEWALAYA BUILDING, KUTCHERY ROAD, RANCHI-834001 [ PAN NO.ADYPJ 5509 L ] V/S . DCIT, CENTRAL CIRCLE-1, RANCHI MAHAVIR TOWER, MAIN ROAD, RANCHI- 834001 /APPELLANT .. / RESPONDENT /BY ASSESSEE SHRI DEVESH PODDAR, , ADVOCATE /BY REVENUE SHRI INDERJIT SINGH, CIT-DR /DATE OF HEARING 07-01-2019 /DATE OF PRONOUNCEMENT 11-01-2019 / O R D E R PER BENCH:- THESE TWO ASSESSEES APPEALS FOR ASSESSMENT YEARS 2007-08 AND 2010-11 ARISE AGAINST THE COMMISSIONER OF INCOME TA X (APPEALS)-3, PATNAS SEPARATE ORDERS, ALL DATED 11.05.2016 PASSED IN CAS E NO.221- 218/I.C(APPEAL)-3/PAT/11-12/ INVOLVING PROCEEDINGS U/S 153A R.W.S.143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. IT(SS)A NO. 55-56/RAN/2016 A.YS. 07-08 & 10-11 AJAY KUMAR JHA VS. DCIT CC-1, RZN. PAGE 2 2. LEARNED COUNSEL SUBMITS DURING THE COURSE OF HEA RING THAT HE HAS SPECIFIC INSTRUCTION FROM THE ASSESSEE TO WITHDRAW FORMER APPEAL IT(SS)A NO.55/RAN/2016. THE REVENUE HAS NOT RAISED ANY OBJE CTION. THIS FORMER APPEAL IS DISMISSED AS WITHDRAWN THEREFORE. 3. COMING TO ASSESSEES LATTER APPEAL IT(SS)A NO.56 /RAN/2016, WE FIND THAT HIS FIRST SUBSTANTIVE GROUND CHALLENGES CORREC TING OF THE ALLEGED UNDISCLOSED TRANSPORTATION CHARGES AMOUNTING TO RS. 49,75,483/- AND SEEK AND RE-COMPUTATION OF SEC. 234 INTEREST AMOUNT. THE FIR ST SUBSTANTIVE ISSUE APPEARS TO HAVE EMANATED FROM A LOOSE SHEET FOUND / SEIZED DURING THE COURSE OF SEARCH CONDUCTED ON 16.02.2010 AT ASSESSEES PRE MISES. BOTH THE LOWER AUTHORITIES HAVE GONE BY THE SEIZED LOOSE SHEET IS CONTESTS ONLY IN MAKING THE IMPUGNED ADDITION. THIS LOOSE SHEET HAS BEEN PRESEN TED BEFORE US DURING THE COURSE OF HEARING. A PERUSAL THEREOF MAKE IT CLEAR THAT ASSESSEE HAD PUT HIS SIGNATURE INDICATING ONLY AN AMOUNT OF RS. 5 LAC AS RECEIVED ON 25.06.2009. WE OBSERVE IN THESE PECULIAR FACTS THAT BOTH THE LO WER AUTHORITIES HAVE NOT CORRECTLY APPRECIATED THE RELEVANT FACTS IN NOT CON SIDERING THIS CULMINATING DOCUMENTS IN ENTERITY. WE ACCORDINGLY INVOKE SEC. 2 92(C) TO THE EXTENT ASSESSEES ACKNOWLEDGED AMOUNT OF RS.5 LAC ONLY THA N THE ENTIRE ADDITION SUM OF RS.49,75,483/-. THE ASSESSEE GETS RELIEF TO THE TUNE OF RS.44,75,183/- THEREFORE. ITS FIRST SUBSTANTIVE GROUND IS PARTLY A LLOWED. 4. COMING TO THE ABOVE BALANCE ADDITION OF RS.5 LAC , WE FIND FROM ASSESSMENT ORDER PAGE 4 PARA (C) THAT THE SAME ALRE ADY STANDS ASSESSED DURING THE COURSE OF ORIGINAL ASSESSMENT ITSELF. TH ERE IS NO POINT THEREFORE IN MAKING DOUBLE ADDITION OF THE SAME VERY AMOUNT. THE IMPUGNED ADDITION OF RS. 5 LAC IS DELETED ACCORDINGLY. 5. NEXT COME THIRD AND LAST ISSUE OF RE-COMPUTATION OF SEC. 234B INTEREST. HON'BLE JURISDICTIONAL HIGH COURTS DECISION IN AJAY PRAKASH VERMA VS. ITO IN TA NO.38 OF 2010 (2013)(1) TMI 140 HAS HELD THAT SAME CAN BE LEVIED ONLY ON THE RETURNED INCOME THAN THAT ASSESSED AND DETER MINED IN THE COURSE ASSESSMENT. WE THEREFORE DIRECT THE ASSESSING OFFIC ER TO RE-COMPUTE THE IT(SS)A NO. 55-56/RAN/2016 A.YS. 07-08 & 10-11 AJAY KUMAR JHA VS. DCIT CC-1, RZN. PAGE 3 IMPUGNED INTEREST AS PER HON'BLE JURISDICTIONAL HIG H COURTS ABOVE DECISION (SUPRA) LATTER APPEAL IS ALLOWED IN ABOVE TERMS. 7. THE ASSESSEES FORMER APPEAL IT(SS) NO.55/RAN/20 16 IS DISMISSED AS WITHDRAWN AND IT(SS)A NO.56/RAN/2016 IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT 1 1/01/2019 SD/- SD/- ( ) ($% ) (DR. A.L. SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) RANCHI, *DKP &- 11/01 /2019 RANCHI / COPY OF ORDER FORWARDED TO:- 1. /ASSESSEE-AJAY KR. JHA C/O. CHOWDHURY AGRAWAL & THA PA, CHARTERED ACCOUNTANT OFFICE NO.6, 4 TH FL, KAULESHWQARI TOWER, RAJASTHAN KALEWALAYA BUILD ING KUTCHERY ROAD,RANC HI-83400 2. /REVENUE-DCIT, CC-1, MAHAVIR TOWER, MAIN ROAD, RANC HI-834001 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 `