ITO, Jaipur V. SMT CHANCHAL LAKHI, Jaipur

MA 41/JPR/2012

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2099 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 9 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-07-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 15-10-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: D C SHARMA

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. 41/JP/2012 (ARISING OUT OF ITA NO. 829/JP/2010) ASSESSMENT YEAR 2006-07 THE I.T.O. VS. SHRI CHANCHAL LAKHI WARD 6(1), JAIPUR. PROP. M/S KHUSHBOO JEWELLERS 901, GANGA MATA KI GALI, GOPAL JI KA RASTA, JAIPUR. PAN: AALPL 3465 F (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI DC SHARMA RESPONDENT BY : SHRI P.C. PARWAL 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. 829/JP/2010, WHICH WAS PASSED ON 1 6/09/2011. 2. IN THIS CASE, A SURVEY U/S 133 (A) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) WAS CARRIED OUT BY THE DEPARTMENT ON BUSINESS PREMISES OF THE ASSESSEE ON 18/8/2005. SEVERAL INCRIMINATING DO CUMENTS WERE FOUND 2 AND IMPOUNDED. ON THE BASIS OF INCRIMINATING DOCUME NTS, THE ASSESSING OFFICER MADE THE ADDITION OF RS. 1,04,37,247/- INCL UDING ADDITION OF RS. 74,37,960/-. 3. THE LEARNED CIT(A) VIDE HIS ORDER DATED 31/3/201 0, ALLOWED THE APPEAL PARTLY AND HELD THAT ADDITION MADE BY THE AS SESSING OFFICER ON THE BASIS OF ENTRY AS A WHOLE IS NOT A PROFIT BUT WAS A SALE OF THE ASSESSEE AND G.P. @ 18.06% IS ADOPTED ON ALL THE SALES FOUND UNRECORDED. 4. THE REVENUE CHALLENGED THE ORDER OF THE LEARNED C IT(A) BEFORE THE ITAT. THE COORDINATE B BENCH, JAIPUR IN ITA NO. 829 /JP/2010 FOR A.Y. 2006-07 DECIDED THE APPEAL PARTLY IN FAVOUR OF THE REVENUE VIDE ITS ORDER DATED 16/9/2011. NOW THE REVENUE FILED THIS M.A. AGA INST THE ORDER OF THE ITAT AND CLAIMING THAT THE ADDITION MADE ON ACCOUNT OF ANNEXURE- A-58 AT PAGE NOS. 5 AND 6 OF RS. 4,08,816/- HAS NOT BEEN CO NSIDERED WHILE GIVING THE FINDING BY THE HONBLE ITAT AND ALSO AS PER ANNE XURE A-56, THE ADDITION OF RS. 5,00,000/- WERE ALSO NOT CONSIDERED, WHICH WAS CHALLENGED BY THE REVENUE BEFORE THE ITAT, THEREFORE, THE LEARN ED D.R. REQUESTED TO RECALL THE ORDER ON THE BASIS OF ABOVE OBJECTIONS M ADE BY THE REVENUE. IT WAS ALSO ARGUED THAT, IT IS APPARENT MISTAKE ON RECO RD AND IS RECTIFIABLE U/S 254(2) OF THE ACT. 3 5. AT THE OUTSET, THE LEARNED A.R. VEHEMENTLY SUPPO RTED THE ORDER OF THE LEARNED CIT(A) AS WELL THE HONBLE ITAT AND IT WAS ARGUED THAT THE LEARNED CIT(A) ON THIS GROUND HAS GIVEN FINDING ON PAGE NO. 9 OF THE ORDER WHEREIN HE HAS CONSIDERED THAT THESE ROUGH NOT INGS OF THE EMPLOYEE DOES NOT PART OF THE SALE LIKEWISE ADDITION MADE BY THE ASSESSING OFFICER OF RS. 5,00,000/- AS PER ANNEXURE- A-15 HELD PERTAI NED TO PERIOD 10/01/2004 TO 02/11/2004 NOT PERTAINED TO THE YEAR UNDER CONSIDERATION. THEREFORE, BOTH THE ADDITIONS WERE DELETED BY THE LEA RNED CIT(A). THE HONBLE ITAT CONSIDERED THESE ADDITIONS AT PAGE NOS. 3,6 AND 18 IN PARAGRAPH NO. 2.25 OF THE ITAT ORDER AND HELD THAT T HE LEARNED CIT(A)S FINDING HAS NOT BEEN CONTROVERTED BY THE REVENUE. F URTHER, THERE IS NO POWER TO REVIEW THE ORDER U/S 254(2) OF THE ACT, HE R EQUESTED TO DISMISS THE REVENUES M.A. 6. WE HAVE CONSIDERED THE RIVAL CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. THE TO TAL ADDITION MADE BY THE ASSESSING OFFICER AT RS. 74,37,960/- HAS BEEN C ONSIDERED BY THE ITAT AND CASE HAS BEEN DECIDED AFTER CONSIDERING THE REP LY OF BOTH THE SIDES. WHEN SPECIFIC AND POINTWISE FINDINGS HAS BEEN GIVEN BY THE ITAT IN ITS ORDER DATED 16/9/2011, NO APPARENT MISTAKE EXIST IN THE ORDER OF THE ITAT, THEREFORE, WE ARE OF THE CONSIDERED VIEW THAT REVENUE S M.A. IS NOT 4 MAINTAINABLE IN VIEW OF THE FACT AND LEGAL POSITION OF THE CASE. 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 6(1), JAIPUR. 2. SHRI CHANCHAL LAKHI, PROP. M/S KHUSHBOO JEWELLERS , JAIPUR. 3. THE CIT (A) 4. THE CIT 5. THE D/R GUARD FILE (M.A. NO. 41/JP/2012) BY ORDER, AR ITAT JAIPUR.