NAVIN MULINCHI SHALA,BHANDARA(MH) vs. I.T.O WARD -02, NAGPUR

ITA 116/NAG/2013Status: DisposedITAT Nagpur29 March 2019AY 1999-20006 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the substantive addition of capital gains was confirmed for AY 2000-01, the protective addition made for AY 1999-2000 was of no value and required deletion.

What were the facts?

The assessee filed a return declaring Nil income. The assessment was reopened for capital gains on land sale, with an addition of Rs. 4,90,000 made on a protective basis for AY 1999-2000. The CIT(A) confirmed this, while the substantive addition was made for AY 2000-01.

What were the issues?

Whether a protective addition made for an assessment year is valid when the substantive addition for the same income is confirmed in a subsequent assessment year.

Which sections of the Income-tax Act were involved?

Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR

Before: SHRI D. KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM

For Appellant: Shri V. V. Saranjam, Adv
Hearing: 26.03.2019Pronounced: 29.03.2019

PER D. KARUNAKARA RAO, AM: This appeal is filed by the assessee against the order of CIT(A)- 19, Mumbai [holding concurrent juri iction of CIT(A)–I, Nagpur] dated 09.01.2013 for the Assessment Year 1999–2000. 2

2.

The effective ground raised by the assessee is as under :– “On the fact and in the circumstances of the case the learned CIT(A)– 19/Mumbai, was not justified in upholding the order of the learned A.O. wherein, he had accepted the return filed in response to notice U/s 148, resulting into protective assessment and this honourable Court

The order continues below.

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