Suresh Chandra Gururani, Nainital v. ITO, Uttrakhand

ITA 631/DEL/2012 | 2004-2005
Pronouncement Date: 27-04-2015 | Result: Allowed

Appeal Details

RSA Number 63120114 RSA 2012
Assessee PAN ABGPG9170L
Bench Delhi
Appeal Number ITA 631/DEL/2012
Duration Of Justice 3 year(s) 2 month(s) 21 day(s)
Appellant Suresh Chandra Gururani, Nainital
Respondent ITO, Uttrakhand
Appeal Type Income Tax Appeal
Pronouncement Date 27-04-2015
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted G
Tribunal Order Date 27-04-2015
Date Of Final Hearing 27-04-2015
Next Hearing Date 27-04-2015
Assessment Year 2004-2005
Appeal Filed On 06-02-2012
Judgment Text
ITA NO. 631 / DEL/ 201 2 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G NEW DELHI BEFORE SHRI N.K. SAINI ACCOUNTANT MEMBER AND SHRI H.S. SIDHU JUDICIAL MEMBER I.T.A. NO. 631 /DEL/201 2 A.Y. : 200 4 - 0 5 SURESH CHANDRA GURURANI 104 BARA BAZAR NAINITAL (PAN: ABGPG9170L) VS. INCOME TAX OFFICER NAINITAL UTTRAKHAND (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. K.V.S. GUPTA ADV. DEPARTMENT BY : SH. B.R.R. KUMAR SR. DR DATE OF HEARING : 27 - 04 - 201 5 DATE OF ORDER : 2 7 - 04 - 201 5 ORDER PER H.S. SIDHU : J M TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE O RDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS ) - II DEHRADUN DATED 16 . 1 1 .201 1 P ERTAINING TO ASSESSMENT YEAR 2004 - 05 ON THE FOLLOWING GROUNDS: - 1) THE ACTION OF THE LD.CIT(A)'S IN CONFIRM I NG THE ACTION OF THE LD A.O. IN COMPUTING SHORT TERM CAPITAL GAINS AT RS 46 02 424/ - & LONG TERM CAPITAL GAINS AT RS 6 32 644 WITHOUT CONSIDERING PROPERLY THE COST OF ACQUISITION CONSTRUCTION ADDITIONS & ALTERATIONS & OTHER ITA NO. 631 / DEL/ 201 2 2 IM PROVEMENTS IS ILLEGAL ARBITRARY UNWARRANTED UNCALLED FOR & AGAINST THE FACTS & CIRCUMSTANCES OF THE CASE. 2) THE ACTION OF THE LD.CIT(A)'S IN NOT DIRECTING THE LD. A.O. TO CALCULATE LONG TERM CAPITAL GAINS ON IIIRD & IVTH FLOORS OF THE PROPERTY SOLD I S ILLEGAL ARBITRARY UNWARRANTED UNCALLED FOR & AGAINST THE FACTS & CIRCUMSTANCES OF THE CASE. 3) THE ACTION OF THE LD CIT(A)'S IN NOT DIRECTING THE LD AO IN NOT CONSIDERING THE COST OF ACQUISITION BY WAY OF BANK LOANS AND INTEREST PAID ON SUCH LOANS W HILE CALCULATING CAPITAL GAINS IS ILLEGAL ARBITRARY UNWARRANTED UNCALLED FOR AND AGAINST THE FACTS AND CIRCUMSTANCES OF THE CASE 4) THE ACTION OF THE LD.CIT(A) S IN CONFIRMING THE ACTION OF THE LD. A.O. IN NOT ACCEPTING INCOME/ - AS RETURNED IS ILLEGAL ARBITRARY UNWARRANTED UNCALLED FOR & AGAINST THE FACTS & CIRCUMSTANCES OF THE CASE. 5) THE ABOVE GROUNDS OF APPEAL ARE WITHOUT PREJUDICE TO EACH OTHER. 6) THE APPELLANT RESERVE THE RIGHT TO ADD / ALTER / MODIFY / AMEND OR WITHDRAW ANY GROUND OF APPEAL . ITA NO. 631 / DEL/ 201 2 3 2. AT THE TIME OF HEARING LD. COUNSEL OF THE ASSESSEE STATED THAT THE ASSESSEE HAS FILED THE APPLICATION UNDER RULE 29 OF THE INCOME TAX TRIBUNAL RULES FOR ADMISSION OF ADDITIONAL EVIDENCE VIDE APPLICATION DATED 10.4.2012. HE REQUESTED THAT THE ADDITI ONAL EVIDENCES MENTIONED IN THE APPLICATION MAY BE ADMITTED AND THE CASE OF THE ASSESSEE MAY BE DECIDED ON MERITS. 3. ON THE CONTRARY LD. DR RELIED UPON THE ORDER PASSED BY THE LD. CIT(A) AND OPPOSED THE REQUEST OF THE LD. COUNSEL OF THE ASSESSEE FOR A DMISSION OF ADDITIONAL EVIDENCES. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RELEVANT RECORDS AVAILABLE WITH US ESPECIALLY THE ORDERS PASSED BY THE REVENUE AUTHORITY ALONGWITH THE CONTENTION RAISED BY THE ASSESSEE IN THE APPLICATION FOR ADMISSION OF ADDITIONAL EVIDENCE AS WELL AS SMALL PAPER BOOK CONTAINING PAGES 1 TO 79 HAVING THE COPY OF WRITTEN SUBMISSION FILE D BEFORE THE LD. CIT(A); COPY OF REMAND REPORT OF THE AO DATED 24.8.2011; REBUTTAL TO REMAND REPORT BY THE APPELLANT; COPY OF ITAT ORDER DATED 12.8.2009; COPY OF 1 ST CIT(A) S DEHRADUN ORDER DATED 11.2.2009; COPY OF 1 ST ASSESSMENT ORDER DATED 22.10.2008 ; COPY OF BALANCE SHEET AS ON 31.3.2002; BANK CERTIFICATE OF LOANS FROM BANKS; COPY OF SALE DEED DATED 25.6.2003; COPY OF UTTARAKHAND HIGH COURT DECISION; ETC. WE ARE OF THE VIEW THAT THE AO HAS COMPLETED THE ASSESSMENT U/S. 144 OF THE I.T. ACT 1961 O N 28.12.20 10 AND MADE THE ADDITIONS IN DISPUTE. SIMILARLY LD. CIT(A) HAS ALSO DISMISSED THE APPEAL OF THE ASSESSEE BY PASSING A NON - SPEAKING ORDER. WE ARE NOT COMMENTING UPON THE MERIT OF THE CASE AND ON THE ADDITIONAL EVIDENCES FILED BY THE ASSESSEE. WE ARE OF THE CONSIDERED VIEW THAT THE AO AS WELL AS LD. ITA NO. 631 / DEL/ 201 2 4 CIT(A) HAS NOT PROVIDED SUFFICIENT OPPORTUNITY TO THE ASSESSEE FOR SUBSTANTIATING HIS CLAIM BEFORE THE REVENUE AUTHORITY. IN THE INTEREST OF JUSTICE THE ISSUES IN DISPUTE ARE SET ASIDE DE NOVO TO THE AO TO DECIDE THE SAME AFRESH UNDER THE LAW AFTER GIVING FULL OPPORTUNITY TO THE ASSESSEE OF BEING HEARD. 5 . IN THE RESULT THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE O PEN C OURT ON 2 7 / 04 /20 1 5 . SD / - S D / - [ N.K. SAINI ] [ H.S. SIDHU ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATE 2 7 / 04 /201 5 SRBHATNAGAR COPY FORWARDED TO: - 1. APPELLANT - 2. RESPONDENT - 3. CIT 4. CIT (A) 5. DR ITAT TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT DELHI BENCHES ITA NO. 631 / DEL/ 201 2 5