Shri Rahul Sushilkumar Bafna, Jalgaon V. Joint Commissioner of Income-tax, Range - 1, Jalgaon

MA 59/PUN/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6771 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 29-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: N O N E
• Keywords: Capital asset
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, J UDICIAL MEMBER . / MA NO S.58 & 59 /PUN/20 18 (ARISING OUT OF ITA NO S.432 & 558/PUN/2013 ) / ASSESSMENT YEAR : 20 09 - 10 SHRI RAHUL SUSHILKUMAR BAFNA, NAYANTARA, 91, SUBHASH CHOWK, 96, SUBHASH CHOWK, JALGAON - 425001 PAN : AIHPB2379N ....... / APPELLANT / V/S. JOINT COMMISSIONER OF INCOME TAX, RANGE 1, JALGAON / RESPONDENT ASSESSEE BY : N O N E REVENUE BY : SHRI SUDHENDU DAS / DATE OF HEARING : 03 - 09 - 2021 / DATE OF PRONOUNCEMENT : 07 - 0 9 - 2021 / ORDER PER S.S. VISWANETHRA RAVI, JM : TH ESE TWO MISCELLANEOUS APPLICATION S FILED BY THE ASSESSEE TO RECTIFY THE ALLEGED MISTAKE APPARENT ON RECORD IN THE ORDER DATED 22 - 09 - 2017 PASSED BY THIS TRIBUNAL IN ITA NO S.432 & 558/PUN/2013 FOR A.Y. 20 09 - 10. 2 MA NOS.58 & 59/PUN/2018, A.Y. 2009 - 10 2. THESE MISCELLANEOUS APPLICATION S WERE LISTED FOR THE FIRST TIME ON 05 - 10 - 2018, SINCE, THEN IT WAS ADJOURNED FROM TIME TO TIME . FROM 15 - 01 - 2021 THERE WAS NO APPEARANCE ON BEHALF OF THE ASSESSEE PARTICULARLY ON 16 - 04 - 2021, 04 - 06 - 2021, 16 - 07 - 2021 AND TODAY ON 03 - 09 - 2021. THE ASSESSEE CALLED ABS ENT AND SET EX - PARTE. THEREFORE, WE PROCEED TO DISPOSE OFF THESE MISCELLANEOUS APPLICATIONS BASING ON THE EVIDENCES ON RECORD AND BY HEARING THE LD. DR. 3. HEARD LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE MAIN CONTENTION OF ASSESSEE WAS THAT THIS TRIBUNAL LOST SIGHT OF THE FACTS AND ARGUMENTS RELATING TO LETTER DATED 01 - 08 - 2007 BY HOLDING THE SAME AS SELF SERVING DOCUMENT. ACCORDING TO THE ASSESSEE THE SAID FINDING RENDERED BY THE TRIBUNAL IS LEGALLY UNSUSTAINABLE. WE NOTE THAT THE CONT ENTION OF THE ASSESSEE IS THAT THE LETTER DATED 01 - 08 - 2007, THE DEVELOPMENT AGREEMENT, THE STAMP DUTY AND PLANS SUBMITTED BY BAFNA BUILDERS AND DEVELOPERS WERE BEFORE BOTH THE LOWER AUTHORITIES AND DVO HAVE GONE UNCHALLENGED AND THE PRESUMPTION RAISED BY T HIS TRIBUNAL STATING THE LETTER DATED 01 - 08 - 2007 IS A SELF SERVING DOCUMENT. IN OUR OPINION THE FINDING RENDERED BY THIS TRIBUNAL IS BASED ON MATERIAL EVIDENCES AND THE SAID FINDING IS NOT A MISTAKE APPARENT ON RECORD REQUIRING RECTIFICATION. 4. NEXT , THE CONTENTION OF THE ASSESSEE IS THAT THIS TRIBUNAL LOST SIGHT OF THE PROVISIONS OF SECTION 53A OF THE TRANSFER OF PROPERTY ACT RELATING TO THE EVIDENTIAL VALUE OF LETTER DATED 01 - 08 - 2007. IT WAS CONTENDED BY THE ASSESSEE IN THESE MISCELLANEOUS APPLICA TIONS THAT THIS TRIBUNAL FAILED TO DISPASSIONATELY ANALYZE THE EVIDENCE AND ARRIVED ON PRESUMPTIONS AND SURMISES WHICH, IN OUR OPINION, IS NOT A MISTAKE APPARENT FROM RECORDS WHICH NEEDS TO BE CORRECTED IN THESE MISCELLANEOUS APPLICATIONS. TO SUPPORT, WE NOTE THAT IN PAGE NO. 10 OF TRIBUNAL S ORDER HELD THAT NO 3 MA NOS.58 & 59/PUN/2018, A.Y. 2009 - 10 COGENT EVIDENCE INDICATING PHYSICAL TRANSFER OF LAND BEFORE THE DATE OF REVISION OF STAMP VALUATION RATES OR EXECUTION AND REGISTRATION OF DEVELOPMENT AGREEMENT. IT IS UNDISPUTED THAT THE LETTER DA TED 01 - 08 - 2007 WAS FILED BEFORE THIS TRIBUNAL DURING THE COURSE OF HEARING OF SAID APPEAL IN ABSENCE OF WHICH THE TRIBUNAL HELD MUCH RELIANCE CANNOT BE PLACED ON SUCH LETTER DATED 01 - 08 - 2007. THEREFORE, THE ASSESSEE FAILED TO SUBSTANTIATE TO SHOW ANY MIST AKE APPARENT ON RECORD IN THE ORDER DATED 22 - 09 - 2017 PASSED BY THIS TRIBUNAL IN ITA NOS. 432 & 558/PUN/2013 FOR A.Y. 2009 - 10 AND THUS, THESE MISCELLANEOUS APPLICATIONS FAILS AND ARE DISMISSED. 5. IN THE RESULT, BOTH THE MISCELLANEOUS APPLICATIONS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07 TH SEPTEMBER, 2021 . SD/ - SD/ - ( INTURI RAMA RAO ) ( S.S. VISWANETHRA RAVI ) ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; / DATED : 07 TH SEPTEMBER, 2021 . RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A) - II, NASHIK 4. THE CIT - II, NASHIK 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. // // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE