Shri Chandrakantbhai B. Patel,, Sabarkantha v. The Income Tax Officer, S.K.Ward-3,, Himatnagar

ITA 1330/AHD/2015 | 2011-2012
Pronouncement Date: 27-11-2017 | Result: Dismissed

Appeal Details

RSA Number 133020514 RSA 2015
Assessee PAN ALTPP8835E
Bench Ahmedabad
Appeal Number ITA 1330/AHD/2015
Duration Of Justice 2 year(s) 6 month(s) 13 day(s)
Appellant Shri Chandrakantbhai B. Patel,, Sabarkantha
Respondent The Income Tax Officer, S.K.Ward-3,, Himatnagar
Appeal Type Income Tax Appeal
Pronouncement Date 27-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 27-11-2017
Assessment Year 2011-2012
Appeal Filed On 14-05-2015
Judgment Text
.. IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH AHMEDABAD BEFORE SHRI N.K. BILLAIYA ACCOUNTANT MEMBER & SHRI S.S. GODARA JUDICIAL MEMBER ./ I.T.A. NO.1330/AHD/2015 ( / ASSESSMENT YEAR : 2011-12) CHANDRAKANTBHAI B.PATEL PROP. BHIKHALAL TRADING CO. GF-14 DURGA BAZAR HIMATNAGAR DIST.SABARKANTHA / VS. THE INCOME TAX OFFICER S.K.WARD-3 HIMATNAGAR ./ ./ PAN/GIR NO. : ALTPP 8835 E ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENT BY : PRAJNA PARAMITA / DATE OF HEARING 16/11/2017 !'# / DATE OF PRONOUNCEMENT 27/11/2017 / O R D E R PER S.S. GODARA JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2011- 12 IS DIRECTED AGAINST THE CIT(A)-2 AHMEDABADS ORDER DATED 31/03/ 2015 PASSED IN CASE NO.CIT(A)-2/SK WD.3.HMT/176/13-14 UPHOLDING AS SESSING OFFICERS ACTION MAKING SHORT TERM CAPITAL GAINS AN D UNEXPLAINED INVESTMENT ADDITIONS OF RS.15.92 LAKHS AND RS.8.72 LAKHS; RESPECTIVELY IN ITA NO. 1330/AH D/2015 CHANDRAKANTBHAI B. PATEL VS. ITO ASST.YEAR 2011-12 - 2 - ASSESSMENT ORDER DATED 31/01/2014 IN PROCEEDING UND ER S.143(3) OF THE INCOME TAX ACT 1961; IN SHORT THE ACT. 2. CASE CALLED TWICE. NONE APPEARS AT ASSESSEES B EHEST. IT EMERGES FROM THE CASE FILE THAT THE REGISTRY HAS BEEN ISSUI NG NOTICE TO THE ASSESSEE QUA VARIOUS INSTANCES OF HEARING. HE HAS NEVER COM E PRESENT NOR HAS ANYONE FILED POWER OF ATTORNEY. WE THEREFORE PROC EED EX-PARTE AGAINST THE ASSESSEE. 3. A PERUSAL OF THE INSTANT CASE FILE REVEALS THAT THE ASSESSING OFFICER HAD MADE THE ABOVE TWO ADDITIONS OF SHORT TERM CAPI TAL GAINS AND UNEXPLAINED INVESTMENT MADE IN LAND. BOTH THE LOW ER AUTHORITIES HOLD THE ASSESSEES LAND SOLD IN THE RELEVANT PREVIOUS Y EAR TO BE A CAPITAL ASSET HELD FOR LESS THAN THREE YEARS TO BE SITUATED WITHI N TALOD MUNICIPAL LIMITS AS PER NECESSARY VERIFICATION ISSUED BY MAMLATADAR. THERE IS NO EVIDENCE IN THE CASE FILE TO REBUT THE SAME. WE FIND THAT T HE ASSESSEE HAS ALSO NOT BEEN ABLE TO PROVE SOURCE OF HIS INVESTMENT OF RS.8 .72 LAKHS MADE IMMOVABLE PROPERTY AS HE COULD NOT PROVE TO HAVE DE RIVED AGRICULTURAL INCOME FROM ENTIRE FAMILYS LAND HOLDINGS HIMSELF O NLY. WE THEREFORE FIND NO REASON TO INTERFERE WITH BOTH THE IMPUGNED ADDITIONS IN QUESTION. THE SAME ARE ACCORDINGLY CONFIRMED. ITA NO. 1330/AH D/2015 CHANDRAKANTBHAI B. PATEL VS. ITO ASST.YEAR 2011-12 - 3 - 4. THIS ASSESSEES APPEAL IS DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 27 / 1 1 /201 7 SD/- SD/- ( N.K. BILLAIYA ) ( S.S. GODARA ) ACCOUNTANT MEMBER JU DICIAL MEMBER AHMEDABAD; DATED 27/ 11 /2017 &.. .(../ T.C. NAIR SR. PS !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. )*+ / CONCERNED CIT 4. ( ) / THE CIT(A)-2 AHMEDABAD 5. /01 ((*+ *+# ) / DR ITAT AHMEDABAD 6. 145 6 / GUARD FILE. / BY ORDER / ( //TRUE COPY// / ( DY./ASSTT.REGISTRAR) / ITAT AHMEDABAD 1. DATE OF DICTATION ...24.11.17 (WORD PROCESSED BY H ONBLE JM IN HIS COMPUTER) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER .24.11.17 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.27.11.17 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 27.11.17 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER