JAIPAL SINGH,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

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ITA 115/JPR/2024Status: DisposedITAT Jaipur11 March 2025AY 2013-1484 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal decided on the issues as follows: For Ground No. 2 of ITA No. 117/JP/2024 (addition of Rs. 7,18,000/- based on seized documents): The Tribunal found that the entries in question were either repayments or covered by the cash flow statement submitted by the assessee, which was available with the AO and not disputed. Therefore, the Tribunal directed the AO to delete this addition, allowing the ground. For Ground No. 3 of ITA No. 117/JP/2024 (addition of Rs. 76,000/- on account of alleged interest): The Tribunal noted that the AO had made an addition of Rs. 62,000/-. The assessee contended that this was estimated without basis. The Tribunal, considering that the AO had estimated the income as undisclosed interest income without cogent supporting material from the seized material, directed the AO to delete this addition, allowing the ground. For Ground No. 4 of ITA No. 117/JP/2024 (applicability of Section 115BBE) and Ground No. 5 (general ground): The Tribunal held that the charge of tax under Section 115BBE was consequential and the general ground did not require adjudication. The appeal in ITA No. 117/JP/2024 was allowed. For ITA Nos. 118/JP/2024, 119/JP/2024, and 120/JP/2024: The Tribunal noted that the grounds raised in these appeals were related to additions of loans and estimated interest income. As the Tribunal had already considered similar grounds in detail while dealing with ITA No. 117/JP/2024 (specifically grounds 2 and 3), the decision made in those grounds was applied mutatis mutandis to these appeals. Consequently, these appeals were also allowed. The Tribunal did not expressly leave any issue undecided. The operative direction was to delete the additions and allow the appeals.

What were the facts?

The assessee, Shri Jaipal Singh, filed six appeals (ITA Nos. 115 to 120/JP/2024) before the Income Tax Appellate Tribunal (ITAT), Jaipur Bench, against the orders of the Commissioner of Income Tax (Appeal)-4, Jaipur. These appeals pertain to assessment years 2013-14 to 2018-19. The impugned orders of the CIT(A) were passed against the orders dated 31.12.2019 by the DCIT, Central Circle-2, Jaipur, passed under section 153A read with section 143(3) of the Income Tax Act, 1961. The appeals were heard together as they involved inter-related and common issues. A delay of 2 days in filing the appeal was condoned. The lead case for discussion was ITA No. 115/JP/2024.

What were the issues?

The Tribunal had to decide the following questions of law and mixed law and fact: 1. Whether the CIT(A) erred in confirming the addition of Rs. 40,00,000/- made by the AO on account of alleged on-money paid for the purchase of a flat (ITA No. 115/JP/2024, Ground 1). 2. Whether the CIT(A) erred in confirming the addition of Rs. 50,000/- based on seized documents, alleging non-proof of identity, genuineness, and creditworthiness of the concerned person (ITA No. 115/JP/2024, Ground 2). 3. Whether the CIT(A) erred in upholding the applicability of Section 115BBE of the IT Act, 1961, to the confirmed additions (ITA No. 115/JP/2024, Ground 3). 4. Whether the CIT(A) erred in upholding the addition of Rs. 2,52,000/- on account of alleged short-term capital gain on the purchase and sale of a plot (ITA No. 116/JP/2024, Ground 1). 5. Whether the CIT(A) erred in confirming the addition of Rs. 11,00,000/- on account of alleged cash payment for the purchase of a plot (ITA No. 116/JP/2024, Ground 2). 6. Whether the CIT(A) erred in confirming the addition of Rs. 29,50,000/- based on seized documents, alleging non-proof of identity, genuineness, and creditworthiness (ITA No. 116/JP/2024, Ground 3). 7. Whether the CIT(A) erred in upholding the applicability of Section 115BBE to the confirmed additions (ITA No. 116/JP/2024, Ground 4). 8. Whether the CIT(A) erred in upholding the addition of Rs. 21,11,000/- on account of unexplained investment for the purchase of agricultural land under Section 69 (ITA No. 117/JP/2024, Ground 1). 9. Whether the CIT(A) erred in confirming the addition of Rs. 7,18,000/- based on seized documents, alleging non-proof of identity, genuineness, and creditworthiness (ITA No. 117/JP/2024, Ground 2). 10. Whether the CIT(A) erred in confirming the addition of Rs. 76,000/- on account of alleged interest paid to/received from parties (ITA No. 117/JP/2024, Ground 3). 11. Whether the CIT(A) erred in upholding the applicability of Section 115BBE to the confirmed additions (ITA No. 117/JP/2024, Ground 4). Assessee's Contentions: The assessee argued that the additions were made without proper basis and cogent supporting material from the seized documents. For certain entries, the assessee claimed they were covered by cash flow statements available with the AO and not disputed. The assessee also contended that interest income additions were made without proof of earning such interest. The assessee relied on cash flow statements and argued that certain entries were repayments or covered by available cash. Revenue's Contentions: The Revenue, through the CIT-DR, did not raise specific objections against taking a lead case. The specific arguments of the Revenue for each ground are not detailed in the provided text, but the AO's findings confirmed by the CIT(A) formed the basis of the additions.

Which sections of the Income-tax Act were involved?

Section 153A,Section 143(3),Section 115BBE,Section 69

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Income Tax Appellate Tribunal, JAIPUR BENCHES,”A” JAIPUR

Before: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI,

For Appellant: CA &, CA राजस्व की ओर से /
Hearing: 28/01/2025Pronounced: 11/03/2025
1.

Based on these observations we direct ld. AO to delete the addition of Rs. 7,18,000/- made as income of the assessee and thereby allow ground no. 2 raised by the assessee.

34.

Vide ground no. 3 the assessee challenges the addition of Rs. 76,000/- sustained by the ld. CIT(A). Apropos to that ground raised by the assessee the relevant finding of the ld. CIT(A) reads as under :

“8.2 I have considered the facts of the case and written submissions of the appellant as against the observations/findings of the AO in the assessment order for the year under consideration. The contentions/submissions of the appellant are being discussed and decided as under:-

In this regard Rs. 76,000/- is mentioned in the Ground No. 6 of Form no. 35 by the appellant. On perusal of assessment order and submission of the appellant it

I have considered the observations/findings of the AO in the assessment order for the year under consideration. The Id. AO has discussed this issue in detail in para 8.8 of the assessment order. The appellant in the appeal has not made any substantive submissions on the issue and has merely raised this ground of Appeal without explaining the alleged factual or legal error in the decision of the learned assessing officer.

The Id. AO has stated in this regard in the assessment order that ……………..As far as interest paid/ received against the persons tabulated in Table # 2 is concerned, since, onus to prove the identity, genuineness and creditworthiness was on the assessee and he failed to discharge it, the interest earned by the assessee in the name of such persons is treated as undisclosed interest income of the assessee and is taxed accordingly."

This issue is also consequential to the issue as discussed in pre paragraphs on the issue of addition of the amounts mentioned in table 2 to the income of the appellant.

Thus corresponding interest income is taxable in the hands of the appellant.

Accordingly, this Ground of Appeal is dismissed.”

35. In support of this ground ld. AR of the assessee filed the written submission contending that the ld. AO has estimated the income as undisclosed interest income for an amount of Rs. 62,000/- without any basis and cogent supporting material available on record and seized and therefore, in the search assessment without placing anything on record from the seized material that the assessee has earned any interest the same cannot be added. Considering that aspect of the matte we direct the raised by the assessee is allowed.

36. Ground no. 4 raised by the assessee charge of tax as per section 115BBE of the Act which is consequential in nature and ground no 5 being general does not require our adjudication.

Based on this observation the appeal of the assessee in ITA no.

117/JP/2024 stands allowed.

37.

Going further to we take up the appeal of the assessee in for assessment year 2016-17 and for assessment year 2017-18 and for assessment year 2018-19. In these three appeals the assessee has taken effective two ground one is related to the addition of loan and other interest income estimated. Since the bench has considered this ground in detailed while dealing with the appeal of the assessee in for assessment year 2015-16 and the bench has given the detailed finding while dealing with the ground no. 2 & 3 of that appeal. The ground no. 1 & 2 raised by the assessee in this three the appeals are exactly similar on set of facts and therefore, it is not imperative to repeat the finding and facts here again and therefore, the decision taken by the bench vide ground no. shall apply mutatis mutandis to the ground observation the appeal of the assessee in ITA no. 118/JP/2024, 119/JP/2024 and 120/JP/2024 stands allowed.

In terms of this observation all the six appeal of the assessee are disposed off.

Order pronounced in the open court on 11/03/2025.

Sd/- Sd/- ¼ Mk0 ,l- lhrky{eh ½ ¼ jkBksM deys'k t;UrHkkbZ ½ (Dr. S. Seethalakshmi) (Rathod Kamlesh Jayantbhai) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 11/03/2025 *Ganesh Kumar, Sr. PS आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. The Appellant- Jaipal Singh, Jaipur izR;FkhZ@ The Respondent- DCIT, Central Circle-2, Jaipur 2. vk;dj vk;qDr@ The ld CIT 3. vk;dj vk;qDr¼vihy½@The ld CIT(A) 4. 5. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 6. xkMZ QkbZy@ Guard File (ITA Nos. 115 to 120/JP/2024) vkns'kkuqlkj@ By order,

सहायक पंजीकार@Aेेज. त्महपेजतंत

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