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Income Tax Appellate Tribunal, “C”
Before: HON’BLE SH. R. C. SHARMA, AM & HON’BLE SH. SANDEEP GOSAIN, JM
per the directions contained in the order of the CIT. Ld. CIT has categorically observed that it is admittedly evident that the liability /expenditure to the extent of Rs. 9 lakhs was not genuine and that the claim of the assessee on account of development of land to the extent of such 9 lakhs made by the assessee in the return and accepted by the AO was not correct. Since the order passed by the AO u/s 143(3) r.w.s. 263 was as per the directions of Ld. CIT, therefore the order passed by the AO was rightly upheld by Ld. CIT(A).
It is also important to mention here that the assessee had not challenged the order passed by Ld. CIT u/s 263 in appeal and has only challenged the order passed by AO u/s 143(3) r.w.s 263 of I.T. Act, which was in accordance with the directions so given by Ld. CIT. Therefore, the AO has not committed any illegality in following the directions of Ld. CIT.
Even before us, no new facts or contrary judgments have been brought on record in order to controvert or rebut the findings so recorded by Ld. CIT(A). Therefore, there are no reasons for us to interfere into or deviate from the findings so recorded by the Ld.CIT(A). Hence, we are of the considered view that the findings so recorded by the Ld. CIT (A) are judicious and are well reasoned. Resultantly, this ground raised by the assessee stands dismissed.
In the net result, the appeal filed by the assessee stands dismissed with no order as to cost. Order pronounced in the open court on 3rd Oct, 2018 Sd/- Sd/- (R. C. Sharma) (Sandeep Gosain) लेखासदस्य / Accountant Member न्याययकसदस्य / Judicial Member मुंबई Mumbai;यदनांकDated : 03.10.2018 Sr.PS. Dhananjay आदेशकीप्रनिनिनिअग्रेनर्ि/Copy of the Order forwarded to : 1. अपीलाथी/ The Appellant 2. प्रत्यथी/ The Respondent 3. आयकरआयुक्त(अपील) / The CIT(A) 4. आयकरआयुक्त/ CIT- concerned यवभागीयप्रयतयनयध, आयकरअपीलीयअयधकरण, मुंबई/ DR, ITAT, 5. Mumbai 6. गार्डफाईल / Guard File आदेशधिुसधर/ BY ORDER,