DR. DINESH JAIN vs. ASSTT. COMMISSIONER OF INCOME TAX 11(2), MUMBAI
What did the High Court hold?
The High Court held that the questions of law framed by the appellant did not give rise to substantial questions of law. The Court referred to its order passed on the same day in Appeal No. 133 of 2014 for Assessment Year 2006-07, stating that for the reasons set out in that order, it saw no reason to entertain the questions raised in the present appeal. Consequently, the appeal was dismissed. The judgment does not provide specific findings on each of the framed questions of law, nor does it detail the reasoning applied to the facts of this particular case, other than stating that the questions do not warrant admission as substantial questions of law. No issue was expressly left undecided.
What were the facts?
The appellant, Dr. Dinesh Jain, is challenging a common order dated April 10, 2012, passed by the Income Tax Appellate Tribunal (ITAT) for assessment years 2004-05, 2005-06, 2006-07, and 2007-08. The appeal specifically pertains to assessment year 2005-06. The proceedings were initiated following a survey under Section 133A of the Income Tax Act, 1961, conducted at the assessee's clinic on August 30, 2007. This led to the reopening of assessment under Section 147/148. The Assessing Officer reassessed the income to Rs. 33 lacs. The Commissioner of Income Tax (Appeals) dismissed the assessee's appeal, and subsequently, the ITAT also dismissed the assessee's appeals for the mentioned assessment years.
What were the issues?
The Tribunal had to decide the following questions of law: 1. Whether the Tribunal erred in relying on a statement recorded under Section 133A of the Act during survey proceedings, ignoring the Supreme Court's ratio in CIT vs. S. Khader Khan Son (2012) 254 CTR (SC) 228. 2. Whether the Tribunal erred by relying on a statement recorded under Section 133A after midnight during survey proceedings, ignoring the ratio in Kailashben Manharlal Choksi (2008) 220 CTR (Guj) 138. 3. Whether the Tribunal failed to appreciate that the onus of evidence shifted to the respondent when the appellant explained the origin, author, and purpose of "Page No.17" and clarified the statement of Ms. Brenda. 4. Whether the Tribunal was justified in disregarding the affidavit dated December 12, 2008, by Shri Ramesh Shetty, the author of the loose paper explaining "Page No.17", thereby ignoring the Supreme Court judgment in Mehta Parikh 30 ITR 181 SC. 5. Whether the Tribunal erred in treating receipts as income and arriving at an ad-hoc/arbitrary net profit rate of 90% on the premise that no cost is involved for a professional, ignoring prior years' net profit and gross receipt ratios. Assessee's Contention: The assessee argued that the Tribunal erred in relying on statements recorded under Section 133A, particularly those taken after midnight, and in disregarding crucial evidence like affidavits and explanations regarding the origin and purpose of documents. The assessee also contended that the Tribunal incorrectly treated receipts as income and applied an arbitrary net profit rate. Revenue's Contention: The judgment records no specific contentions for the revenue on these issues.
Which sections of the Income-tax Act were involved?
Section 260A,Section 133A,Section 147,Section 148,Section 143(3)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT :( Per M.S.Sanklecha, J.) In this appeal under Section 260A of the Income Tax Act,1961 (“the Act”), the appellant assessee has challenged the common order dated 10 April 2012 passed by the Income Tax Appellate Tribunal (“the Tribunal”) for assessment year 200506. The impugned order dated 10 April 2012 is a common order of the Tribunal dismissing CNR No : HCBM020187562013 Uploaded on - 21/08/2020 Downloaded on - 28/10/2026 04:15:28
ASN 2/4 ITXA-134-14.sxw the appellant's appeal before it for assessment years 200405, 200506, 200607 and 200708. 2) The following questions of law have been raised in this appeal for our consideration: A) Whether in the present facts and circumstances of the case and in law, the Tribunal erred in relying on the statement under Section133A of the Act, recorded on oath, during the survey proceedings, ignoring the ratio laid down by the Apex Court in the cases of CIT vs. S. Khader Khan Son (2012) 254 CTR (SC) 228? B) Whether in the present facts and circumstances of the case and in law, the Tribunal erred by relying on the statement u/s. 133A recorded after midnight in the course of survey proceedings ignoring the ratio laid down in the case of, Kailashben Manharlal Choksi (2008) 220 CTR (Guj) 138? C) Whether in the present facts and circumstances and in law, the Tribunal failed to appreciate that the onus of evidence shifted to the respondent, when the appellant explained “"Page No.17"”, its author, its origin and purpose and the clarification of the statement of the employee of the appellant that is of Ms. Brenda? D) Whether in the facts and circumstances of the case and in law, the Tribunal was justified in dis regarding the crucial affidavit dated 12 December 2008, on record of the proceedings, by Shri. Ramesh Shetty, the author of the loose paper explaining “Page No.17” thereby ignoring the Apex Court judgment in the case of Mehta Parikh 30 ITR 181 SC? E) Whether the Tribunal in the facts and circumstances, erred in treating receipts as income and further by arriving at an adhoc/arbitrary net profit rate of 90%,on an incorrect premise, that in case of a Uploaded on - 21/08/2020 Downloaded on - 28/10/2026 04:15:28
ASN 3/4 ITXA-134-14.sxw professional, no cost is involved and ignoring net profit ratios and material to gross receipt ratios,of the prior years? 3) Brief Facts: (a) In this case, consequent to a survey conducted under Section 133A of the Act at the appellantassessee's clinic on 30 August 2007 the Assessing Officer reopened the assessment for A.Y. 200506 under Section 147/148 of the Act. Thereafter on the basis of the documents found and the statements recorded during survey proceedings by order dated 29 October 2010 the Assessing Officer reassessed the petitioner to an income of Rs.33 lacs under Section 143(3) read with 147 of the Act. (b) Being aggrieved, the appellantassessee filed an appeal to the Commissioner of Income Tax (Appeals) (“CIT(A)”). By an order dated 1 August 2009, the CIT (A) dismissed the appellant's appeal. (c) Being aggrieved the appellant preferred a second appeal before the Tribunal. The Tribunal by the impugned common order dated 10 April 2012 dismissed the appellant's appeals for assessment years 200405, 200506, 200607 and 200708. This appeal has been filed by the appellantassessee for the assessment year 200506. 4) The appellantassessee has raised identical question of law in this appeal as raised in his appeal being Income Tax Appeal No.133 of 2014 filed for A.Y.200607. The impugned order dated 10 April 2012 Uploaded on - 21/08/2020 Downloaded on - 28/10/2026 04:15:28
ASN 4/4 ITXA-134-14.sxw is a common order. The detailed facts and our reasons/considerations for not entertaining the questions of law has been set out in our order passed today in Appeal No.133 of 2014. For the reasons set out in our order passed today in Appeal No.133 of 2014, we see no reason to entertain questions (A) to(E) framed by the appellant in this appeal as they do not give rise to substantial questions of law. 5) Accordingly, the appeal is dismissed. No order as to costs.
CHIEF JUSTICE
(M.S. SANKLECHA, J.) Uploaded on - 21/08/2020 Downloaded on - 28/10/2026 04:15:28 Powered by TCPDF (www.tcpdf.org)
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