Harender Nagar,, Bulandshahr v. CIT, Meerut

ITA 2659/DEL/2009 | 2005-2006
Pronouncement Date: 26-04-2010 | Result: Partly Allowed

Appeal Details

RSA Number 265920114 RSA 2009
Bench Delhi
Appeal Number ITA 2659/DEL/2009
Duration Of Justice 10 month(s) 25 day(s)
Appellant Harender Nagar,, Bulandshahr
Respondent CIT, Meerut
Appeal Type Income Tax Appeal
Pronouncement Date 26-04-2010
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted C
Tribunal Order Date 26-04-2010
Date Of Final Hearing 26-04-2010
Next Hearing Date 26-04-2010
Assessment Year 2005-2006
Appeal Filed On 01-06-2009
Judgment Text
I.T.A. NO.2659 /DEL/09 1/3 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH C NEW DELHI) BEFORE SHRI A.D. JAIN JUDICIAL MEMBER AND SHRI A.K. GARODIA ACCOUNTANT MEMBER I.T.A. NO.2659 /DEL/2009 ASSESSMENT YEAR : 2005-06 HARENDER NAGAR CIT OLD BUS STAND V. MEERUT. GULAOTH BULANDSHAHR. (APPELLANT) (RESPONDENT) PAN /GIR/NO.ABHPN-7307-H APPELLANT BY : SHRI M.P. RASTOGI ADVOCATE. RESPONDENT BY : SHRI D.N. KAR CIT-DR. ORDER PER A.K. GARODIA AM: THIS IS AN ASSESSEE'S APPEAL DIRECTED AGAINST THE O RDER OF LD CIT MEERUT DATED 27.3.2009 PASSED BY HIM U/S 263 OF THE ACT. 2. THE ASSESSEE HAS RAISED AS MANY AS 11 GROUNDS OF APPEALS BUT THE ONLY GRIEVANCE OF THE ASSESSEE IS REGARDING VALIDITY OF THE ORDER PASSED BY LD CIT U/S 263. 3. IN THE COURSE OF HEARING BEFORE US ON ENQUIRY BY THE BENCH LD AR OF THE ASSESSEE SUBMITTED A COPY OF THE ASSESSMENT ORDER P ASSED BY THE ASSESSING OFFICER U/S 143(3)/263 ON 4.12.2009 AS PER WHICH HE HAS MADE ADDITION OF ONLY RS.5 LAKHS ON ACCOUNT OF INCOME ALLEGED TO BE INVES TED IN PROPERTY FROM UNDISCLOSED SOURCES. IN VIEW OF THIS THE OTHER ISS UES RAISED BY THE LD CIT IN HIS . I.T.A. NO.2659/DEL/09 2/3 ORDER PASSED BY HIM U/S 263 ARE NOT RELEVANT AND TH E ONLY ISSUE RELEVANT IS REGARDING ADDITION OF RS.5 LAKHS. ON THIS ASPECT IT IS NOTED BY THE LD CIT IN HIS ORDER THAT AS PER PARA NO.5 OF THE NOTICE ISSUED BY HIM U/S 263 IT HAS BEEN STATED THAT THE ASSESSEE HAS PURCHASED LAND IN DELH I FOR A STATED CONSIDERATION OF RS.10 LAKHS BUT ON PAGE NO.4 OF THE SALE DEED T HE CONSIDERATION IS MENTIONED OF RS.15 LAKHS. IT IS ALSO STATED BY LD CIT THAT A PPLICABILITY OF SECTION 50C WAS NEVER EXAMINED BY THE ASSESSING OFFICER BUT AFTER C ONSIDERING THE SUBMISSION OF THE ASSESSEE IT HAS BEEN OBSERVED BY LD CIT ON LAS T PAGE OF HIS ORDER THAT THE CONSIDERATION IS SHOWN OF RS.10 LAKHS ON IST PAGE O F THE SALE DEED AND RS.15 LAKHS ON PAGE NO.4 OF THE SALE DEED AND IT IS SURPR ISING THAT THE ASSESSING OFFICER DID NOT DEEM IT FIT TO ENQUIRE INTO SUCH IN CONSISTENCY. IT WAS ENQUIRED FROM THE BENCH FROM THE LD AR OF THE ASSESSEE AS TO WHETHER ANY ENQUIRY WAS RAISED BY THE ASSESSING OFFICER IN THE COURSE OF OR IGINAL ASSESSMENT PROCEEDINGS WITH REGARD TO THESE INCONSISTENCIES IN THE SALE DEED AND IN REPLY IT WAS SUBMITTED BY THE LD AR OF THE ASSESSEE THAT ALT HOUGH COPY OF SALE DEED WAS SUBMITTED BY THE ASSESSEE TO THE ASSESSING OFFICER IN THE COURSE OF ORIGINAL ASSESSMENT PROCEEDINGS BUT IN THOSE PROCEEDINGS N O QUERY WAS RAISED BY THE ASSESSING OFFICER. UNDER THESE FACTS WE FEEL THAT THE ORDER OF LD CIT U/S 263 CAN NOT BE SAID TO BE UNJUSTIFIED WHEN IN SPITE OF INCO NSISTENCY IN THE SALE DEED REGARDING THE AMOUNT OF PURCHASE CONSIDERATION NO QUERY WAS RAISED BY THE ASSESSING OFFICER AND HENCE WE ARE OF THE CONSIDERE D OPINION THAT THE ORDER OF LD CIT U/S 263 DESERVES TO BE UPHELD ON THIS ASPECT. IT IS ALSO NOTICED THAT LD CIT HAS NOT DIRECTED THE ASSESSING OFFICER TO MAKE ADDI TION STRAIGHT AWAY BUT HE HAS DIRECTED THE ASSESSING OFFICER TO MAKE ENQUIRY INTO THE ASPECT LISTED IN THE NOTICE U/S 263. HENCE ON THE ISSUE OF THIS ADDITION OF RS . 5 LAKHS THE ORDER OF LD CIT U/S 263 DESERVES TO BE UPHELD AND WE DO SO. WE UPHOLD THE ORDER OF LD CIT U/S 263 ON ACCOUNT OF THIS ISSUE OF RS.5 LAKHS ADDITION. HI S ORDER IS SET ASIDE WITH REGARD TO OTHER DISCREPANCIES POINTED OUT BY HIM IN HIS OR DER U/S 263 OF THE ACT BECAUSE THE SAME IS IRRELEVANT FOR THE REASON THAT NO ADDIT ION IS ULTIMATELY MADE BY THE ASSESSING OFFICER ON THESE ISSUES. . I.T.A. NO.2659/DEL/09 3/3 4. IN THE RESULT THE APPEAL OF THE ASSESSEE IS PAR TLY ALLOWED. 5. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE O F HEARING I.E. 26 TH APRIL 2010. SD/- SD/- (A.D. JAIN) (A.K. GA RODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER DT. 26 .4.2010. HMS COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT (A)- NEW DELHI. 5. THE DR ITAT LOKNAYAK BHAWAN KHAN MARKET NEW DELHI. TRUE COPY. BY ORDER (ITAT NEW DELHI).