The ITO, Ward-1, Godhra V. Shri Dipak N. Hemrajani, Godhra

MA 338/AHD/2009

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3679 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-07-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 1998-1999
• Appeal Filed On: 06-10-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K MADHUSUDAN SRDR
• Assessee Lawyers: MANISH J SHA
• Keywords: Unexplained investment; Rectification of order; Valuation report

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH B AHMEDABAD BEFORE SHRI N.S. SAINI, ACCOUNTANT AND SHRI MAHAVIR SINGH, JUDICIAL MEMBER M.A.NO.338/AHD/2009 (ARISING OUT WITH ITA NO.2753/AHD/2007 ASSESSMENT YEAR:1998-99 DATE OF HEARING:23.7.10 DRAFTED:23.7. 10 INCOME TAX OFFICER, WARD-1, GODHRA V/S . SHRI DIPAKKUMAR N HEMRAJANI, ANAND NAGAR SOCIETY, JAFRABAD, GODHRA, PAN NO.AAIPH1607G (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) (APPELLANT) .. (RESPONDENT) M.A.NO.339/AHD/2009 (ARISING OUT WITH ITA NO.2754/AHD/2007 ASSESSMENT YEAR:1998-99 INCOME TAX OFFICER, WARD-1, GODHRA V/S . SHRI NARAYANDAS N HEMRAJANI, ANAND NAGAR SOCIETY, JAFRABAD, GODHRA, PAN NO.AAJPH7561A (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) (APPELLANT) .. (RESPONDENT) M.A.NO.340/AHD/2009 (ARISING OUT WITH ITA NO.2755/AHD/2007 ASSESSMENT YEAR:1998-99 INCOME TAX OFFICER, WARD-1, GODHRA V/S . SMT. JAYABEN N HEMRAJANI, ANAND NAGAR SOCIETY, JAFRABAD, GODHRA, PAN NO.AAIPH1607G (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- SHRI MANISH J SHA, AR REVENUE BY:- SHRI K.MADHUSUDAN, SR-DR O R D E R PER MAHAVIR SINGH, JUDICIAL MEMBER:- BY WAY OF THESE THREE MISCELLANEOUS APPLICATIONS (MA), THE REVENUE HAS REQUESTED FOR RECTIFICATION OF MISTAKE ARISING IN ITA NO.2753-2755/ AHD/2007 ORDER DATED 14-09-2007. MA NO338-40/AHD/2009 (A/O ITA NO.2753-55/AHD/07. A.Y.98-99 ITO, WD-1 GDH V. SH. DIPAKKUMAR, NARAYANDAS & SMT. J AYABEN N HEMRAJANI PAGE 2 2. IN ALL THE THREE MAS THE REVENUE HAS RAISED THE COMM ON GROUND, WHICH READS AS UNDER:- THE MISC. APPLICATION IS ARRIVED AT FOLLOWING GROUN D:- RELYING UPON THE FACTS OF THE CASE OF SHRI KANAIYALAL N HEMRAJANI, GODHRA THE HNBLE TRIBUNAL HAS RELIED UPON THE FACTS OF SHR I KANAIYALAL N HEMRAJANI. WHILE DECIDING THE ISSUE OF UNEXPLAINED INVESTMENT OF RS.74,03,715/-. IT IS MOST HUMBLY PRAY THAT THE FACTS IN THE CASE OF SHRI KANAIYALAL N HEMRAJANI AND THESE OF TH E ASSESSEES ARE TOTALLY DIFFERENT. IN THE CASE OF FORMER, UNEXPLAINED INVESTMENT WAS WORKED OU T ON THE BASIS OF VALUATION REPORT WHERE AS, IN THE CASE OF THE ASSESSEE THE ADDITION WAS M ADE ON THE BASIS OF CIRCUMSTANTIAL EVIDENCE DISTINGUISHING VAST DIFFERENCE IN MARKET VALUE OF RS.1051/- PER SQ.MET. JAFRABAD AND RS.475 PER SQ. MT. FOR LAND OF GOVIND AS IS EVIDEN T FROM THE SEIZED MATERIALS, WHERE AS THE ASSESSEE HAS SHOWN SALE PRICE OF RS.10,000/- AND RS. 13,000/- AT 104 SQ. MT. AND 112.5 SQ. MT. FOR JAFRABAD AND ASSESSEE HAD RECEIVED RS.3,15,00 0/- FOR SALE OF LAND ADMEASURING 12,748/- SQ.MT. AT GOVINDI (GODHRA). 3. AT THE OUTSET, THE LD. SR-DR WAS CONFRONTED WITH PARA-3 OF THE TRIBUNALS ORDER, THAT BOTH THE PARTIES AGREE THAT THE ASSESSEES ISSUE COVERED AND N OTHING NEW WAS ADDUCED BEFORE THE BENCH AT THAT TIME. ACCORDINGLY, WE FIND NO MISTAKE APPARENT F ROM RECORDS IN THESE ORDERS OF THE TRIBUNAL. EVEN OTHERWISE, IN GROUP CASES OF THE ASSESSEE, THE REVENUES MAS IN MA NO.216-218/AHD/2009 ARE ALREADY DISMISSED EXACTLY ON SIMILAR FACTS. TAKING A CONS ISTENT VIEW WE DISMISS THESE MAS OF THE REVENUE. 4. IN THE RESULT, REVENUES MAS ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 23/07/2010 SD/- SD/- (N.S. SAINI) (MAHAVIR SINGH) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, DATED : 23/07/2010 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 4. THE CIT CONCERNS. 2. THE REVENUE. 5. THE DR, ITAT, AHMEDABAD 3. THE CIT(APPEALS)-IV, AHMEDABAD 6. GUARD FILE. BY ORDER, /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD