M/s. Shantilal Jain and Sons, Represented by its Karta, Sri Shantilal Jain V. Income Tax Officer, Ward 2(5), Hyderabad

ITTA/1/2008

AI Insights

The case involves appeals by M/s. Shantilal Jain and Sons against the order of the Income-Tax Appellate Tribunal, Hyderabad, which pertained to the assessment year 1997-98. The primary issue was the recognition of a partition in the Hindu Undivided Family (HUF). The Tribunal had partly allowed the Revenue's appeal, not recognizing the partition, which led to the filing of these appeals. The appellants failed to produce original books of account or any cogent material to substantiate the claim of partition during the proceedings. The High Court, after hearing the arguments and reviewing the records, upheld the Tribunal's decision, finding no legal or factual basis to overturn it.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 815952 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 18-11-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: SUNDARI PISUPATHI
• Assessee Lawyers: NISHITHA
• Keywords: Assessment Year 1997-98; Hindu Undivided Family; Income Tax; Partition
• Section: 2604

Judgement Text

"[ 337e ] IN THE HIGH COURT FOR THE STATE OF TELANGANA i AT HYDERABAD SATURDAY, THE EIGHTEENTH DAY OF NOVEMBER i TWOTHOUSANDANDTWENTYTHREE ' PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE N.TUKARAMJI l.T.T.A.Nos: 1 and 2 of 2008 I.T.T.A No.1 of 2008 lncome Tax Tribunal Appeal Under Section 2604 of the lncome Tax Act, 1961 arising out 6f the order of the lncome-Tax Appellate Tribunal, Hyderabad Bench ' B' i: Hyderabad,i in ITA Nos.323lHydl2o12, for assessment Year 1997-98 dated 20-07- lt 2007 prefer'red ag'ainst the Order of the Commissioner of lncome Tax, (APPEALS)- I lV, Hyderabad, Appeal No.200M-2(s)lClT (A)lV/01-02, dated 16-01-2002 preferred against the Order of the lncome Tax Officer, Ward 2(5), Hyderabad PAN/GIR No. S- 225M d.2(5), dated 31 -03-2000. Between: I I ! I I I M/s. Shantilal Jain and Sons, Represented by its Karta, Sri Shantilal Jain S/o. Sri Bichulalji, aged about 52 years, R/o.7-1-64l,4, D.K.Road, Ameerpet, Hyderabad. ...APPELLANT AND : lncome Tax Officer, Ward 2(5), Hyderabad Counsel fot i ...RESPONDENT I t I the Appellant: Ms. NISHITHA, Counsel representing SRI S. RAVI Counsel foithe Respondent: Ms. SUNDARI R. PISUPATI (Sr SC for lncome Tax Dept) |.T.T.A.No.2 of 2008 lncome Tax Tribunal Appeal Under Section 2604 of the lncome 'rax Act, i 961 arising out of the order of the lncome-Tax Appellate Tribunal, Hyderabad Bench , B ' Hyderabad, in ITA Nos.322lHydl2oo2, for assessment year 1997-9g dated 20-07- 2007 prefened against the order of the commissioner of lncome Tax (AppEALS)- lv'.Hyderabad, Appear No.199M-2(s)tcff (A)rvio1-02, dated 16-0'1-2002 preferred against the order of the lncome Tax officer, ward 2(5), Hyderabad pAN/GlR No. s- 225M d.2(5i), dated 3.1 -03-2000. Between: M/s. Shantilal Jain and sons, Represented by its Karta, Sri Shantilal Jain S/o. Sri Bichulalji, aged about 52 years, P/o.7-1-641i, D.K.Road, Ameerpet, HyOeriOaO- !' ...APPELLANT AND lncome Tax Officer, Ward 2(5), Hyderabad ..RESPONDENT Counsel for the Appellant: Ms. NISHITHA, Counsel representing SRI S. RAVI counsel for the Respondent: Ms. suNDAR| R. plsupATHr (Sr sc for lncome , Tax Dept) I The Court delivered the following: COMMON JUDGMENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE N.TUKARAMJI I.T.T.A. Nos. 1 and 2 of 2OO8 COMMON JUDGMENT (per I lon'ble Sn,lustice P.SAITI KOSHY) Heard Ms. Nishitha learned counsel representing Mr. S. Ravi, learned counsel for the appellant and Ms. Sundari R. Pisupathi, learned Senior Standing CounseI for Income Tax Department appearing for the respondents and perused the record. 2. Both the appeals have been hled by the appellant assailing the order dated 20.O7.2OO7 passed in I.T.A.Nos.322 & 323lHydl2OO2 fot the Assessment year 1997-98 by the Income-Tax Appellate Tribunal Hyderabad Bench B', Hyderabad (hereinafter referred to as \"the Tribunal\"). 3. Vide order dated 20.07.2007, the Tribunal has partly allowed the appeal preferred by the Revenue to the extent of not recognizing the partition in the Hindu Undivided Famiiy (HUF) and it is this order of the Tribunal which has been assailed by the assessee in the present appeals. 4. A bare perusal of the reasons at which the iearned Tribunal has reversed the hnding of the Commissioner of Income Tax [Appeals] is that the assessee has failed to produce the original books of account either before the AO or before the CIT [A]. Neither were these materials made available before the Tribunal while hearing the said ITAs. Z 5. Today also, when the matter is taken up for hearing, on a query being put lo the learned counsel for the appellant as to v/hat is the material available to substantiate that partition did take place in the HUF, the anslver given by the learned counsel was that except for the oral statement and the oral declaration, there was no cogent materials available to shorv that the partition in the HUF did take place. 6. In the given factual matrix of the case, we do not find that the order of the Tribunal to be in any manner bad in law, erroneous or perverse nor do we find any substantiai question of law ma.de out by the appellant in rhe present appeals. 7. Thercfore, both the appeals fail and are accordingly rejected. No order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. SD/. B.S.CHIRANJEEVI JOINT REGISTRAR //TRUE COPY' d lL,' To, Kam NS SECTION OFFICER 1. The lncome-Tax Appellate Tribunal, Hyderabad Bench ' B ' Hyderabad 2. The Commissioner of lncome Tax, (APPEALS)-lV, Hyderabad. 3. The lncome Tax Officer, Ward 2(5), Hyderabad. 4. One CC to SRI S. RAVI, Advocate [OPUC] 5. One CC to SRI SUNDARI R. PISUPATHI (Sr SC for lncome Tax Dept) loPUCl 6. Two CD CoPies 1 I i HIGH COURT PSK, J & NTR, J' DATED:1811112023 COMMON JUDGMENT lTTA.Nos.l and 2 of 2008 THESE APPEALS ARE REJECTED st{ 1 r F- s l-4it' c (-) 12 0E[ 20n l) .4, , * l t I Il * 1L f "