M/S.ROMAA BUILDERS vs. THE INCOME TAX OFFICER

ITA/176/2015HC KeralaKLHC01025577201520 July 2015Author: HONOURABLE MR. JUSTICE SHAJI P.CHALY,HONOURABLE MR.JUSTICE ANTONY DOMINIC4 pages
AI SummaryDismissed

What were the facts?

The assessee, M/s. Romaa Builders, filed an appeal before the High Court of Kerala against an order passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench. The appeal pertains to the assessment year 2009-2010 and concerns an addition of Rs. 1,41,000/- to the assessee's total income. The addition was made by the Assessing Officer based on a statement recorded from the assessee under Section 133A of the Income Tax Act during a survey, along with other documents unearthed. The assessee's statement was not retracted at any point during the assessment proceedings. The Commissioner of Income Tax (Appeals) had also upheld the addition.

What did the High Court hold?

The High Court of Kerala dismissed the appeal filed by the assessee. The Court found no fault with the revenue authorities in completing the assessment and making the addition of Rs. 1,41,000/-. The reasoning was that the addition was based on a statement voluntarily made by the assessee under Section 133A of the Income Tax Act, which was not retracted by the assessee at any stage of the assessment proceedings. Additionally, other documents unearthed during the survey also supported the addition. The Court concluded that there was no substance in the grounds raised by the assessee before it. Therefore, the appeal was dismissed.

What were the issues?

1. Whether the addition of Rs. 1,41,000/- to the total income of the assessee for the assessment year 2009-2010 is justified, based on the statement recorded under Section 133A and other documents unearthed during a survey, considering the assessee did not retract the statement. (Question of law and fact, concerning Section 133A and general assessment provisions). Assessee's Contention: The appeal was filed by the assessee challenging the addition made by the revenue authorities. The specific grounds of appeal are not detailed in the judgment provided, but the overall challenge is against the addition. Revenue's Contention: The revenue, represented by the Income Tax Officer, contended that the addition was justified. The Assessing Officer relied on the voluntary statement made by the assessee under Section 133A, which was not retracted, and other documents found during the survey. The ITAT had upheld this view.

Which sections of the Income-tax Act were involved?

Section 133A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 ITA.No. 176 of 2015 () ----------------------- AGAINST THE ORDER IN ITA 363/2014 of INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH, COCHIN DATED 12.02.2015. APPELLANT: ------------------------ M/S.ROMAA BUILDERS NO.32/1642, 2ND FLOOR, SYED MOHD. COMPLEX, N.H.BYEPASS, PALARIVATTOM, KOCHI - 25. BY ADVS.SRI.ANIL D. NAIR SRI.R.SREEJITH SMT.ROSIE ATHULYA JOSEPH SMT.O.A.NURIYA RESPONDENT: ---------------------------- THE INCOME TAX OFFICER WARD - 2(3), RANGE - 2, KOCHI. BY SRI.K.M.V.PANDALAI, SC, INCOME TAX DEPARTMENT THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 20-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA.No. 176 of 2015 APPENDIX APPELLANT'S ANNEXURES: ANNEXURE A :OF THE ORDER OF ASSESSMENT FOR THE YEAR 2009-10 ISSUED TO THE APPELLANT. ANNEXURE B :OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 17.3.2014. ANNEXURE C :OF T

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