Ashok Amrutlal Bhayani, Nashik v. Asstt.CIT,Cen.Cir.-1, Nashik,

ITA 1037/PUN/2003 | misc
Pronouncement Date: 21-12-2010 | Result: Partly Allowed

Appeal Details

RSA Number 103724514 RSA 2003
Bench Pune
Appeal Number ITA 1037/PUN/2003
Duration Of Justice 7 year(s) 3 month(s) 16 day(s)
Appellant Ashok Amrutlal Bhayani, Nashik
Respondent Asstt.CIT,Cen.Cir.-1, Nashik,
Appeal Type Income Tax Appeal
Pronouncement Date 21-12-2010
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted B
Tribunal Order Date 21-12-2010
Assessment Year misc
Appeal Filed On 04-09-2003
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B PUNE BEFORE SHRI SHAILENDRAKUMAR YADAV AND SHRI D. KARUNAKARA RAO ITA NO. 1037/PN/03 (BLOCK PERIOD 01-04-1990 TO 11-0 8-2000) SHRI ASHOK AMRUTLAL BHAYANI FLAT NO. 1 BUILDING NO. 5 RAMRAJYA SOCIETY SAMARTH NAGAR NASHIK .... APPELLANT VS. ACIT CENTRAL CIRCLE 1 NASHIK . RESPONDENT APPELLANT BY : SHRI NIKHIL PATHAK RESPONDENT BY : SHRI A. S. SINGH ORDER PER D. KARUNAKARA RAO AM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A)-I NAGPUR DATED 18-07-2003 FOR THE BLOCK PERIOD 01-04-19 90 TO 11-08-2000. 2. DURING THE PROCEEDINGS BEFORE US LD. COUNSEL FOR THE ASSESSEE MENTIONED THAT THE GROUNDS IN THE APPEAL RELATES BROADLY TO A CO UPLE OF ISSUES:- I) TAXABILITY OF THE INCOME OF RS. 25 750/- AS UNDI SCLOSED INCOME OF THE ASSESSEE FOR THE BLOCK PERIOD WHEN SUCH INCOME IS ALREADY SUBJECT TO PAYMENT OF ADVANCE TAX OF RS. 8 00/- WHICH WAS PAID PRIOR TO THE OCCURRENCE OF SEARCH ACTION. 3. IN THIS REGARD LD. COUNSEL MENTIONED THAT THE IS SUE IS COVERED IN FAVOUR OF ASSESSEE PARTLY BY THE ORDER OF THIS TRIBUNAL IN THE CASE OF SMT. LALITABEN K. THAKKAR NASHIK (ITA NO. 1152/PN/2003) DATED 31-05-2 007 FROM THIS BENCH. HE MENTIONED THAT THE SAID ORDER IS RELIED UPON FOR THE PRO POSITION THAT THE INCOME IN RESPECT OF WHICH THE ADVANCE TAX WAS ALREADY PAID CANNOT BE SAID TO BE THE UNDISCLOSED INCOME OF THE ASSESSEE. IN VIEW OF THE BOMBAY BENCH TRIBUNAL IN THE CASE OF NIRANJAN N. THAKUR 94 TTJ 253 AND MANY OT HER HIGH COURT DECISIONS MENTIONED IN PARA 6 OF THE SAID ORDER OF THE TRIBUNAL W ERE RELIED UPON BY THE ITA NO. 1037/PN/03 BLOCK PERIOD 01-04-1990 TO 11-08-2000 PAGE 2 OF 2 TRIBUNAL. WE HAVE HEARD THE PARTIES AND PERUSED THE SAI D JUDGMENTS /ORDERS. WE ARE OF THE OPINION THAT THE TOTAL INCOME RELATABLE T O THE ADVANCE TAX PAYMENT OF RS. 800/- CANNOT BE HELD AS UNDISCLOSED INCOME OF THE ASESSSEE FOR THE BLOCK PERIOD. THIS IS TO CLARIFY THAT REST OF THE AMOUNT REMA INS AN UNDISCLOSED INCOME AND THE SAME STANDS CONFIRMED. A.O IS REQUIRED TO DO NECESSARY COMPUTATION IN THIS REGARD AFTER HEARING THE ASSESSEE. ASSESSEE IS DIRE CTED TO FILED REQUEST ORDERS OF THE TRIBUNAL TO SUPPORT THE CONTENTIONS. ACCO RDINGLY GROUND NO. 1 TO 3 ARE PARTLY ALLOWED. 4. REGARDING THE SURCHARGE LEVIABLE U/S. 113 OF THE I NCOME TAX ACT LD. COUNSEL MENTIONED THAT THE ISSUE IS NOW COVERED IN F AVOUR OF THE REVENUE BY SUPREME COURT JUDGEMENT IN THE CASE OF S.N. GUPTA REPO RTED IN 297 ITR 322 (SC). IN VIEW OF THE SETTLED NATURE OF THE ISSUE TH E GROUND NO. 4 IS DISMISSED. 5. IN THE RESULT APPEAL OF THE ASSESSEE IS PARTLY ALLOWED . ORDER PRONOUNCED ON 21 ST DECEMBER 2010. SD/- SD/- (SHAILENDRAKUMAR YADAV) (D.KARUNAKAR A RAO) JUDICIAL MEMBER ACCOUNTANT MEMBE R PUNE DATED THE 21 ST DECEMBER 2010 R COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE 2. ACIT CENTRAL CIRCLE 1 NASHIK 3. CIT(A)-I NAGPUR 4. CIT(CENTRAL) NAGPUR 5. D.R. ITAT B BENCH BY ORDER ASSISTANT REGISTRAR I.T.A.T PUNE