DR. R.N. MAHTO,RANCHI vs. ITO, RANCHI

1 ITA No.22/Ran/2016

IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI

BEFORE SHRI N.S.SAINI, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA No.22/Ran/2016 A.Y. : 2010-2011 Dr. R.N.Mahto Principal, vs ITO, Ward-2(4),Ranchi RTC High School, Buti, Ranchi PAN No. : ABEPM 6987 D Respondent (Appellant) .

Assessee by : Shri M.K.Choudhary, Advocate Revenue by :Shri A.K.Mohanty, JCIT Date of Hearing : 22.05.2018 Date of Pronouncement : 30.05.2018 O R D E R Per Pavan Kumar Gadale, JM: This is an appeal filed by the assessee against the order of CIT(A),

Ranchi, dated 30.10.2015, for the assessment year 2010-11, wherein the

assessee has raised the following ground :-

from salary and has filed return on 30.04.2010 showing total income at

Rs.1,01,742/- including income from house property, other sources etc.

The return of income was processed u/s.143(1) of the Act and selected for

2 ITA No.22/Ran/2016 scrutiny under CASS. Subsequently notice u/s.142(1) & 143(2) of the Act

to the assessee was issued. In compliance the AR of the assessee

appeared from time to time and filed the relevant documents. The AO on

perusal of the documents produced by the assessee, made additions

under the heads salary, income from other sources and capital gain and

assessed the total income at Rs.30,10,490/- and passed order u/s.143(3)

of the Act, dated 28.12.2012.

appeal with the CIT(A). In the appellate proceedings ld. AR of the

assessee argued the grounds and reiterated the submissions and ld.CIT(A)

having considered the findings and the submissions of the assessee dealt

on the disputed issues and confirmed the addition made under the head

capital gains of Rs.27,86,704/- and partly allowed the appeal of the

assessee.

before the Tribunal.

action of AO in respect of sale deed where the AO has not considered the

submissions in respect of the execution of sale deed. Ld. AR further

submitted that the transfer of land to the B.Ed. College was made on three

dates as per the sale deeds duly registered showing the value of land. The

AR further submitted that there was no transaction of money with regard to

3 ITA No.22/Ran/2016 the transfer of land and the land was agricultural land on which no capital

gains was leviable and prayed for allowing the appeal.

record. Prima facie, the sole crux of the disputed issue is that the assessee

is associated with trust and the assessee has executed a sale deed in

respect of three immovable properties and it was also submitted that the

assessee is also a member of GAVS which runs High School and B.Ed.

College in Ranchi. The assessee has given some land to GAVS on lease

and as per the requirement of the National Council for Teachers Education

(NCTE), the property was registered by the registered sale deed in favour

of the institution. The institution has considered that the assessee has

executed the sale deed in respect of immovable property and the property

has been considered in the books of accounts. The disputed issue arises

as the AO treated the sale of land and determined capital gains and made

addition. Ld.AR submitted before us that the assessee has executed the

sale deed but there is no consideration received and also supported with

the paper book explaining that there is a direction of NCTE and also

managing committee has mentioned that there is no consideration will be

paid to the assessee in this regard. But the facts remain that the sale deed

has not been cancelled and the question of actual income should be

considered. In the present case the ld.AR could not substantiate that the

sale deed is wrongly executed but the prima facie fact remains that the

4 ITA No.22/Ran/2016 sale deed cannot be overlooked and the sale deed is a registered

document of the State Government and is accepted in the eyes of law.

Therefore, grounds taken by the assessee with respect to not considering

the sale consideration cannot be accepted. Accordingly, we are in

conformity with the action of AO as well as CIT(A) and we are not inclined

to interfere with the order of CIT(A) and upheld the same and dismiss the

ground raised by the assessee.

In the result, appeal of the assessee is dismissed. 8.

Order pronounced in the open court on 30/05 /2018

Sd/- Sd/- (N.S.SAINI) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Ranchi, Dated 30/05/2018 Prakash Kumar Mishra , Sr. Ps Copy of the Order forwarded to : 1. The Appellant –

BY ORDER, //True Copy// SR.PS, ITAT, RANCHI