DILIP MEHTA,JABALPUR vs. ADDL. CIT, JABALPUR

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ITA 72/JAB/2012Status: DisposedITAT Jabalpur20 July 2020AY 2005-063 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The third member held that the selection of the assessee's return for scrutiny was compliant with CBDT procedures. He also held that the income returned as agricultural income should be assessed as such, not as income from other sources.

What were the facts?

The assessee's appeal contested an assessment order for AY 2005-06. A difference of opinion between the Tribunal members led to a third member's adjudication.

What were the issues?

The primary issues were the validity of the scrutiny assessment selection and the correct classification of the assessee's returned income.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 255(4)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JABALPUR BENCH, JABALPUR

Before: S/SHRI NRS GANESAN & SANJAY ARORA

For Appellant: Shri Sapan Usrethe, Advocate
For Respondent: Shri H.P.Meena, CIT-DR
Hearing: 20/7/2020Pronounced: 20/7/2020

ORDER

Per Sanjay Arora, AM:

1.

This is an Appeal by the Assessee agitating the Order by the Commissioner of Income Tax (Appeals), Jabalpur (‘CIT(A)’ for short) dated 22/12/2011, dismissing the assessee’s appeal contesting the order under section 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) dated 31/12/2007 for assessment year (AY) 2005-06.

2.

In this case, the appeal, on account of difference of opinion between the two members constituting the Division Bench that heard the matter, was referred by the Hon’ble President, Tribunal, u/s. 255(4) of the Act to a third Member. The ld. Third Member, vide his order dated 20.3.2020, delineated two issues as arising for his adjudication from the several questions projecting the 2 Dilip Mehta v. Addl. CIT (AY 2005-06) points on which difference of opinion arose between the members of the Division Bench, referred to separately by them. And decided as under: Issue No.1: 2.1 The selection of assessee’s return for the relevant year for scrutiny u/s. 143(3) of the Act was in compliance of the procedure laid down by CBDT for selection of cases for scrutiny for non-corporate assessees for f.y. 2006-07, and, thus, the assessment u/s. 143(3) dated 31.12.2007, which is the subject matter of the instant appeal, could not be impugned on that score. In this, he agreed with the ld. AM. (paras 3 to 9 of his order) Issue No.2: 2.2 The assessment of Rs.65,10,591/-, returned by the assessee as agricultural income, was assessable as such, and its assessment as income from other sources, in whole or in part, could not be sustained in law, i.e., in the facts and circumstances of the case, including the explanations furnished, and on the basis of material on record. In this, he agreed with the ld. JM. (paras 10 to 34 of his order). 3.1 The matter was accordingly listed for today instant, to dispose the appeal in accordance with the majority view after hearing the parties, who did not express any objection thereto. 3.2 No other issue survives for adjudication in the instant appeal. 3.3 The appeal is accordingly decided on the aforesaid terms.

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