JAIPAL SINGH,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR
What did the Tribunal hold?
The Tribunal decided the issues as follows: Regarding additions related to alleged on-money payments, undisclosed income from plot sale, unexplained investments, and unproved identity/genuineness/creditworthiness of parties, the Tribunal, after considering the assessee's submissions and the cash flow statements available with the AO, found no reason to sustain these additions. Specifically, for an addition of Rs. 7,18,000/- (ITA No. 117/JP/2024, ground 2), the Tribunal directed the AO to delete it, finding that the amounts were either repayments or covered by the cash flow statement. Similarly, for an addition of Rs. 62,000/- (ITA No. 117/JP/2024, ground 3) representing estimated undisclosed interest income, the Tribunal directed its deletion, stating it was made without basis. The Tribunal held that the charge of tax under Section 115BBE was consequential and would not require adjudication if the primary additions were deleted. Consequently, the appeals in ITA Nos. 117/JP/2024, 118/JP/2024, 119/JP/2024, and 120/JP/2024 were allowed. The judgment does not explicitly detail the findings for ITA Nos. 115/JP/2024 and 116/JP/2024, but the concluding remarks indicate all six appeals were disposed of based on the reasoning applied to ITA No. 117/JP/2024.
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 orders under challenge were passed by the Deputy Commissioner of Income Tax (DCIT), Central Circle-2, Jaipur, under section 153A read with section 143(3) of the Income Tax Act, 1961. The appeals were consolidated for hearing as they involved inter-related and identical issues, with variations in disputed figures. A delay of two days in filing the appeals was condoned.
What were the issues?
The Tribunal had to decide the following questions of law and mixed law and fact: 1. Whether the Commissioner of Income Tax (Appeal) [CIT(A)] erred in confirming additions made by the Assessing Officer (AO) on account of alleged on-money paid for property purchases, undisclosed income from sale of a plot, unexplained investments, and unproved identity/genuineness/creditworthiness of persons involved in transactions, as per grounds raised in ITA Nos. 115/JP/2024, 116/JP/2024, 117/JP/2024, 118/JP/2024, and 119/JP/2024. 2. Whether the CIT(A) erred in upholding the applicability of Section 115BBE of the Income Tax Act, 1961, to the confirmed additions, as per grounds raised in ITA Nos. 115/JP/2024, 116/JP/2024, 117/JP/2024, 118/JP/2024, and 119/JP/2024. Assessee's contentions: The assessee argued that additions were made without cogent supporting material from seized documents, and that certain amounts were repayments or covered by cash flow statements available with the AO. The assessee also contended that interest income was estimated without basis. Revenue's contentions: The revenue did not raise specific objections against taking a lead case and did not controvert the assessee's submission regarding the delay in filing appeals. The judgment does not record specific arguments from the revenue on the substantive issues.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(30)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Pullangode Rubber Produce Co. Ltd. v. State of Kerala666 citing91 ITR 18 · 1973 · SC
- CIT v. S. Khader Khan Son452 citing300 ITR 157 · 2008 · HC
- Mehta Parikh & Co. v. CIT396 citing30 ITR 181 · 1956 · SC
- CIT v. Smt. P. K. Noorjahan308 citing103 Taxmann 382 · 1999 · SC
- Shri Kailashben Manharlal Chokshi v. CIT225 citing174 Taxmann 466 · 2008 · HC
- CIT v. Hotel Meriya139 citing332 ITR 537 · 2011 · HC
- CIT v. Sunil Aggarwal113 citing64 Taxmann.com 107 · 2015 · HC · Read judgment
- CIT v. K.V. Pilliah and Sons.97 citing63 ITR 411 · 1967 · SC
- Sanjay Kumar Choudhary (HUF) v. ACIT69 citing117 Taxmann.com 292 · 2020 · HC
- Bachittar Singh v. CIT66 citing328 ITR 400 · 2010 · HC · Read judgment
- Dr. 8C Gupta v. CIT (Allahabad High Court)65 citing248 ITR 782 · 2001 · HC
- Sri Ganesh Trading Company v. CIT56 citing257 CTR 159 · 2013 · HC
- Commissioner of Income-tax v. MAC Public Charitable Trust55 citing450 ITR 368 · 2022 · HC
- Rameshchandra & Co. v. CIT43 citing168 ITR 375 · 1987 · HC
- 43 (AP & Tel), Commissioner of Income-tax v. Lekh Raj Dhunna39 citing20 Taxmann.com 554 · 2012 · HC
- CIT v. Lekh Raj Dhunna38 citing344 ITR 352 · 2012 · HC
- Company vs. CIT 257 CTR 159 (Jhar) CIT vs. Naresh Kumar Aggarwal: 369 ITR 171 (AP) CIT v. Harjeev Aggarwal33 citing288 CTR 579 · 2016 · HC
- Ester Industries Ltd. v. CIT32 citing316 ITR 260 · 2009 · HC
- Dr. S.C. Gupta v. CIT27 citing118 Taxmann 252 · 2001 · HC
- TR 263 (Del.), Bansal High Carbons (P) Ltd. (2009) 223 CTR 179 (Del.), M. Narayanan & Bros. v. ACIT27 citing13 Taxmann.com 49 · 2011 · HC
- 7.19. In Kantilal C. Shah v. ACIT23 citing14 Taxmann.com 108 · 2011 · ITAT
- ITO: 288 CTR 579 (Guj) CIT v Smt. Jaya Lakshmi Ammal: 390 ITR 189 (Mad) PCIT v. Best Infrastructure (India) Pvt. Ltd.21 citing197 CTR 536 · 2005 · HC
- High Courts in Lekh Raj Dhunna (supra), Bachittar Singh (supra), Rameshchandra & Co. v. CIT20 citing35 Taxmann 153 · 1987 · HC
- Surinder Kumar v. Commissioner of Income Tax15 citing282 ITR 78 · 2006 · HC
- Durai Murugan\nKathir Anand v. Additional Commissioner of Income-tax11 citing443 ITR 423 · 2022 · HC
- Escorts Heart Institute\nand Research Centre Limited v. DCIT (TDS) JP11 citing87 Taxmann.com 184 · 2017
- P.K.\nPalwankar v. CGT11 citing117 ITR 768 · 1979 · HC
- Tax,\n(2008) 174 Taxman 466 (Gujarat); Commissioner of Income Tax, Central-II,\nMumbai v. Omprakash K. Jain11 citing178 Taxmann 179 · 2009 · HC
- Vivek N.\nJajodia v. Income-tax Officer, 16(2)(2), Mumbai11 citing123 ITD 136 · 2010 · ITAT
- 134 TTJ 80610 citing134 TTJ 806 · 2010 · ITAT
Income Tax Appellate Tribunal, JAIPUR BENCHES,”A” JAIPUR
Before: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI,
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.
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.
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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