Shri Gopal Banke, Indore V. The ITO 4(2), Indore

MA 130/IND/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0281 (ITAT-INDORE)
• Duration Of Justice: 4 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-04-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 06-11-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: S N AGARWAL
• Keywords: Gift; Onus to prove

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, J.M. AND SHRI R.C.SHARM A, A.M. PAN NO. : AFPPB3765H M.A.NO.13 0 & 131 /IND/2012 (ARISING OUT OF I.T.A.NO. 198 & 199/IND/2011) A.Y. : 200 5 - 06 SHRI GOPAL BANKE, INDORE. ITO , 4(2), VS INDORE APPELLANT RESPONDENT APPELLANT BY : SHRI S.N. AGARWAL, C. A. RESPONDENT BY : SHRI R. A. VERMA, SR. DR DATE OF HEARING : 1 5 . 0 3 .201 3 DATE OF PRONOUNCEMENT : 01 . 0 4 .201 3 O R D E R PER R. C. SHARMA, A.M. THESE MISC. APPLICATIONS HAVE BEEN FILED BY THE ASS ESSEE IN RESPECT OF ORDER PASSED BY THE TRIBUNAL DATED 2. 7.2012. 2. THROUGH THESE MISC. PETITIONS, IT WAS CONTENDED BY THE LD. AUTHORIZED REPRESENTATIVE THAT FINDING RECORDED BY TRIBUNAL AT PAGE 14, NEED RECONSIDERATION. OUR ATTE NTION WAS -: 2: - 2 INVITED TO THE PRECISE OBSERVATION MADE BY THE TRIB UNAL WITH REFERENCE TO THE FAMILY SETTLEMENT DEED ENTERED BY THE ASSESSEE. OUR ATTENTION WAS ALSO INVITED TO PAGE 35 OF COPY OF AGREEMENT, ACCORDING TO WHICH THE ASSESSEE HAS ENTE RED INTO AGREEMENT FOR SALE OF LAND WITH RAMDAS JAGANNATH CH APRE, THE OWNERSHIP OF THE SAID LAND WAS BELONGING TO THE ASSESSEE HIMSELF. THE LD. AUTHORIZED REPRESENTATIVE ALSO IN VITED OUR ATTENTION TO THE COPY OF STATEMENT OF SHRI RAMDAS C HAPRE AS RECORDED BY THE INSPECTOR ON 22.4.2011, WHEREIN HE HAS CONFIRMED THE CONTENTS OF AFFIDAVIT. ATTENTION WAS ALSO INVITED TO REPORT PREPARED BY THE INSPECTOR. THE LD. AUTHOR IZED REPRESENTATIVE CONTENDED THAT IN VIEW OF THESE FAC TUAL CONTENTS, THE FINDINGS RECORDED BY THE TRIBUNAL NEE D RECONSIDERATION. 3. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND GONE THROUGH THE MISC. PETITIONS AS WELL AS ORDER PASSED BY THE TRIBUNAL WITH REFERENCE TO THE DOCUMENTS PLACED ON RECORD DURING COURSE OF HEARING OF THE MAIN APPEAL. WE FOU ND THAT AFTER GIVING DETAILED REASONING THE ADDITION OF RS. 26 LAKHS AS MADE BY THE ASSESSING OFFICER IN RESPECT OF ADVANCE RECEIVED -: 3: - 3 AGAINST SALE OF AGRICULTURAL LAND, WHICH WAS DELETE D BY THE LD.CIT(A), WAS RESTORED TO THE FILE OF ASSESSING OF FICER FOR MAKING DETAILED INQUIRY. NO MISTAKE MUCH LESS THAN AN APPARENT MISTAKE WAS POINTED OUT IN THE ORDER OF TH E TRIBUNAL, SO AS TO RECTIFY THE SAME U/S 254(2). AS THE MATTER HAVE ALREADY BEEN RESTORED BACK TO THE FILE OF ASSESSING OFFICER, WE DO NOT FIND ANY APPARENT MISTAKE IN THE CONCLUSIONS SO ARRIVED IN VIEW OF THE DETAILED FINDING RECORDED BY THE TRI BUNAL AT PAGE 14 OF HIS ORDER. 4. WITH RESPECT TO THE CONFIRMING ADDITION OF RS. 5 LA KHS ON ACCOUNT OF GIFT, THE TRIBUNAL HAVE CONFIRMED THE ACTION OF CIT(A) FOR ENDORSING THE FINDING OF ASSESSING OFFIC ER WITH REGARD TO GENUINENESS OF GIFT, AS THE ASSESSEE HAS NOT DISCHARGED THE ONUS TO PROVE THE GENUINENESS OF GIF T, THE ADDITION SO MADE WAS CONFIRMED BY THE TRIBUNAL AND NO MISTAKE WAS POINTED OUT WITH REGARD TO THE CONCLUSI ON ARRIVED AT BY THE TRIBUNAL IN ITS ORDER. NEEDLESS TO MENTIO N HERE THAT POWER OF TRIBUNAL U/S 254(2) IS LIMITED TO RECTIFY A MISTAKE APPARENT IN THE ORDER AND NOTHING BEYOND IT. IF WE GO THROUGH THE ENTIRE MISC. APPLICATIONS, IT ITSELF INDICATE T HAT THE ISSUE -: 4: - 4 WAS DEBATABLE, WHICH REQUIRED LONG DELIBERATION EVE N IF WE WANT TO CHANGE THE CONCLUSION ARRIVED BY US IN OUR ORDER DATED 2.7.2012, WHICH IS NOT PERMISSIBLE U/S 254(2) . 5. IN THE RESULT, BOTH THE MISC. APPLICATIONS FILED BY THE ASSESSEE ARE DISMISSED. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 1 ST APRIL, 2013. SD/ - SD/ - (JOGINDER SINGH) (R. C. SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED :1 ST APRIL, 2013. CPU* 1.4