Misha Sharma vs. Principal Commissioner Of Income Tax I

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SHEEL NAGU & HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL ON THE 18th OF APRIL, 2023 INCOME TAX APPEAL No. 11 of 2023 BETWEEN:- NISHA SHARMA, VILLAGE DEORI RAJMARG DISTRICT NARSINGHPUR (MADHYA PRADESH) .....APPELLANT (BY SHRI NITIN AGRAWAL, ADVOCATE ) AND PRINCIPAL COMMISSIONER OF INCOME TAX I CENTRAL REVENUE BUILDING STATION ROAD NAPIER TOWN JABALPUR (MADHYA PRADESH) .....RESPONDENT (NO ONE APPEARS FOR RESPONDENT ) This appeal coming on for admission this day, JUSTICE SHEEL NAGU passed the following: ORDER The present appeal preferred under Section 260 A of the Income Tax Act questioning the legality and validity of the final order dated 29.09.2022 of the Income Tax Appellate Tribunal, Jabalpur Bench passed in ITA No.50/JAB/2022 qua assessment year 2017-18 by proposing certain substantial questions in paragraph 7 of the memo of appeal. 2. Learned counsel for appellant - Shri Nitin Agrawal primarily contends that despite Assessing Officer having conducted an inquiry into all the materials and evidence placed before him and having accepted the submission 1 Signed by: SHIBA NARAYAN BISWAL Signing time: 4/21/2023 11:35:19 AM Signature Not Verified of the assessee justifying the deposit of cash of Rs.16,39,320/- during the period of demonitization and seeking large exemption in income and large agricultural income, the Tribunal committed serious illegality in interfering with the said finding of Assessing Officer by coming to a finding that there was no inquiry conducted and Assessing Officer who passed order in favour of the assessee without rendering any finding in respect of the crucial aspects raised before him. As such, it is contended that the case raises substantial questions of law which need to be answered by this Court based upon the proposed questions of law in Para 7 of the memo of appeal. 3. A bare perusal of the order of Assessing Officer dated 26.12.2019 (Annexure-A/3) reveals that the Assessing Officer without discussing the material and evidence in regard to the objection raised through scrutiny of cash, jumped to the conclusion in favour of the assessee. This is evident from bare perusal of the assessment order which is bereft of any reasoning and findings which are heartbeat of every order, be it judicial, quasi judicial or administrative. 4. While judging the legality and validity of the order of Assessment Officer, Principal CIT I Jabalpur finding the same be non-speaking and rendered without any finding in respect of both the aspects of agricultural income and source of cash deposit, set aside the order of Assessment Officer dated 26.12.2019 and remanded the matter to the Assessment Officer for conduction of inquiry afresh. 5. The impugned order of Assessing Officer is non-speaking in respect of both the crucial aspects of agricultural income and source of cash deposit. Thus, the Tribunal rightly did not interfere with the order of Principal, CIT dated 21.03.2022 by which the assessment order has been set aside while 2 Signed by: SHIBA NARAYAN BISWAL Signing time: 4/21/2023 11:35:19 AM Signature Not Verified (SHEEL NAGU) JUDGE (DWARKA DHISH BANSAL) JUDGE exercising the power under Section 263 of Income Tax Act. 6. It is pertinent to point out that the Principal CIT I Jabalpur rightly passed an order under Section 263 of Income Tax Act by holding the same to be prejudicial to the interest of Revenue since the order of Assessing Officer was passed without inquiry/verification. This power was rightly exercised by the Principal CIT I under Clause (a) and (b) of Explanation 2 of Section 263 of Income Tax Act. 7. In view of above, it is obvious that the impugned order of Tribunal appears to be passed in accordance with law which does not give rise to any of the proposed substantial question of law. 8. Consequently, this appeal sans merit and is dismissed in limine for not involving any substantial question of law. Biswal

3 Signed by: SHIBA NARAYAN BISWAL Signing time: 4/21/2023 11:35:19 AM Signature Not Verified