ITO, Kota V. SHRI BABU LAL SOMANI PROP., Kota

MA 36/JPR/2012

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2089 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-07-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 09-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D C SHARMA
• Assessee Lawyers: C M BIRLA
• Section: 143(3)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH: JAIPUR (BEFORE SHRI R.P. TOLANI AND SHRI T.R. MEENA) M.A. NO. 36/JP/2012 (ARISING OUT OF ITA NO. 604 & 611/JP/2011) ASSESSMENT YEAR 2006-07 THE I.T.O. VS. SHRI BABU LAL SOMANI WARD 2(1), KOTA. PROP. M/S SOMANI & CO. & M/S SOMANI CARRIER, BUNDI ROAD, KOTA. PAN: ATBPA 9231 K (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI DC SHARMA RESPONDENT BY : SHRI C.M. BIRLA. DATE OF HEARING : 11/07/2014 DATE OF PRONOUNCEMENT : 18/07/2014. O R D E R PER T.R. MEENA, A.M. THE REVENUE HAS FILED THIS M.A. AGAINST THE ORDER O F B BENCH, JAIPUR IN ITA NO. 604 & 611/JP/2011, WHICH WAS PASSE D ON 13/01/2012. 2. IN THIS CASE, ORDER U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) WAS PASSED BY THE ASSESSING OFFICER ON 07/0 7/2010 AND TOTAL ADDITION OF RS. 72,06,306/- WAS MADE BY THE ASSESSIN G OFFICER INCLUDING ADDITION OF RS. 17,00,000/- MADE IN ITEM NO. XIII A S PER PARA 15 OF 2 ASSESSMENT ORDER, WHICH WAS PROTECTIVE ADDITION IN TH E HANDS OF THE ASSESSEE AND SUBSTANTIVE IN THE CASE OF ASSESSEES WIFE. 3. THE ASSESSEE CHALLENGED THE ADDITION BEFORE THE L EARNED CIT(A), KOTA IN GROUND NO. 5(VIII), THE LEARNED CIT(A) HAD DECIDED THIS ISSUE ON PAGE NO. 8 AT PARAGRAPH NO. 11.3 THAT THESE ENTRIES PERTAINED TO SMT. MEENA SOMANI AND THE LEARNED ASSESSING OFFICER HAD MADE THE ADDITION IN CASE OF HER IN A.Y. 2002-03 AND 2003-04 AND AFTER T AKING REMAND REPORT FROM THE ASSESSING OFFICER, HE HELD THAT THE ADDITI ON IS NOT JUSTIFIABLE. 4. THE REVENUE CHALLENGED THE FINDING BEFORE US AND REQUESTED THAT NO SPECIFIC FINDING HAS BEEN GIVEN ON PARTICULAR ADDIT ION OF RS. 17,00,000/-. 5. AT THE OUTSET, THE LEARNED A.R. VEHEMENTLY SUPPO RTED THE ORDER OF HONBLE ITAT AND ARGUED THAT PAGE NO. 34 IN GROUND NO. 5 OF THE REVENUE, UNRECORDED ADVANCES AT RS. 28,54,918/- HAS BEEN CONSIDERED BY THE HONBLE ITAT ON THE BASIS OF LEARNED CIT(A) ORD ER AT PAGE NO. 2. THESE ADDITIONS HAVE BEEN DISPENSED WITH GROUND NO. 5 (VII)&(VIII), WHICH HAS BEEN CONSIDERED BY THE HONBLE ITAT AND THE LEAR NED CIT(A) HELD JUSTIFIABLE. IT IS FURTHER SUBMITTED THAT THESE INV ESTMENTS HAVE BEEN CONSIDERED IN ASSESSEES WIFE CASE IN RESPECTIVE YEA RS AND TAX HAD BEEN PAID BY HER. THEREFORE, PROTECTIVE ADDITION IS NO WHE RE REQUIRED AS THE INCOME HAS BEEN DISCLOSED BY HIS WIFE SMT. MEENA SOM ANI. 3 6. WE HAVE CONSIDERED THE RIVAL CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. THE AD DITIONS WERE MADE PROTECTIVE AT RS. 17,00,000/- BUT THE SAME INCOME H AS BEEN DISCLOSED BY THE ASSESSEES WIFE NAMELY MEENA SOMANI IN RESPECTIV E YEARS AND TAX HAD BEEN PAID BY HER. THE ITAT HAS ALSO CONSIDERED THIS ISSUE IN GROUND NO. 5 OF THE REVENUE APPEAL AT PAGE NO. 34, WHICH INCLUDE S PROTECTIVE ADDITION OF RS. 17,00,000/-. THEREFORE, THERE IS NO APPARENT MISTAKE ON RECORD, ACCORDINGLY, WE DISMISS THE REVENUES M.A. 7. IN THE RESULT, REVENUES MISCELLANEOUS APPLICATI ON STANDS DISMISSED AS PRONOUNCED IN THE OPEN COURT ON 18/07/2014. SD/- SD/- (R.P. TOLANI) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER JAIPUR, DATED: 18 TH JULY, 2014 * RANJAN COPY FORWARDED TO :- 1. THE ITO, WARD 2(1), KOTA. 2. SHRI BABU LAL SOMANI, KOTA. 3. THE CIT (A) 4. THE CIT 5. THE D/R GUARD FILE (M.A. NO. 36/JP/2012) BY ORDER, AR ITAT JAIPUR.