THE PR. COMMISSIONER OF INCOME TAX vs. SRI. PRAKASH BHAJANDAS TALREJA
What did the High Court hold?
The High Court disposed of the appeal with liberty to the revenue to revive it if the matter falls within exceptions to CBDT circulars regarding tax effect. The substantial questions of law were kept open for future adjudication.
What were the facts?
The Revenue is appealing an order of the Income Tax Appellate Tribunal concerning assessment year 2015-16. The appeal raises substantial questions of law regarding the tribunal's findings on additions based on a searched party's return, the evidentiary value of documents and statements, and the validity of loans without formal documentation.
What were the issues?
Whether the tribunal's findings on additions, evidentiary value of documents, and loan validity were correct, and whether the appeal is maintainable in light of CBDT circulars on tax effect.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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NC: 2024:KHC:39911-DB ITA No. 211 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE C.M. POONACHA INCOME TAX APPEAL NO. 211 OF 2024 BETWEEN:
THE PR. COMMISSIONER OF INCOME TAX, CENTRAL, 3RD FLOOR, C.R. BUILDING, QUEEN'S ROAD, BENGALURU - 560 001.
THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE - 1(3), 3RD FLOOR, C.R. BUILDING, QUEEN'S ROAD, BENGALURU - 560 001. …APPELLANTS (BY SRI. RAVIRAJ Y.V, ADVOCATE A/W SRI. M. DILIP, ADVOCATE)
AND:
SRI. PRAKASH BHAJANDAS TALREJA, NO. 402, 4TH FLOOR, EMBASSY CENTRE, NO. 11, CRESCENT ROAD, BENGALURU - 560 001, KARNATAKA, PAN: ABKPT1011B. …RESPONDENT
THIS ITA / INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 22-03- 2024 PASSED ITA NO.1062/BANG/2023 FOR THE ASSESSMENT YEAR 2015-16 PRAYING TO I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA
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NC: 2024:KHC:39911-DB ITA No. 211 of 2024
CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE C.M. POONACHA
ORAL JUDGMENT (PER: HON'BLE MR JUSTICE S.G.PANDIT)
Heard the learned counsel Sri.Raviraj.Y.V. along with Sri. Dilip.M., learned counsel for appellants/Revenue.
The Revenue is in appeal under Section 260-A of the Income Tax Act, 1961 (for short ‘the Act’) questioning the correctness and legality of order dated 22.03.2024 passed by the Income Tax Appellate Tribunal, ‘B’ Bench, Bengaluru (for short ‘Appellate Authority’) in ITA.No.1062/Bang/2023 for the assessment year 2015-16, raising the following substantial questions of law: 1. "Whether on the facts and in the circumstances of the case and in law, the tribunal was right in holding that merely because the searched party offered the income in the return filed under section 153A, the same cannot form the basis for addition in the case of the assesse, from whom the searched party had received the undisclosed payments"?
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NC: 2024:KHC:39911-DB ITA No. 211 of 2024
"Whether on the facts and in the circumstances of the case and in law, the tribunal was right in holding that loose sheets found during the course of search and containing incriminating material and statement recorded during the course of search are of no evidentiary value as per the Indian Evidence act, 1872 (now Known as Bharatiya Sakshya Adhiniyam, 2023)"?
"Whether on the facts and in the circumstances of the case and in law, the tribunal was right in holding that huge amount of money could not be lent without any loan agreement, promissory note, cheque or security papers"?
"Whether on the facts and in the circumstances of the case and in law, the tribunal was right in holding that no adverse inference can be drawn against the assesse for not availing the opportunity of cross examination"?
Learned counsel for the assessee submits that the tax effect in this appeal is less than Rs.2 Crores and therefore, the appeal should not be entertained at the instance of the revenue in view of the Circular No.09/2024 dated 17.09.2024 issued by the Central Board of Direct
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NC: 2024:KHC:39911-DB ITA No. 211 of 2024
Taxes. It is also submitted that the aforesaid Circular binds the revenue.
On the other hand, learned counsel for the revenue submits that he be granted liberty to revive the appeal in case the matter falls within the exceptions under the aforesaid Circular dated 17.09.2024 and Circular No.5/2024 dated 15.03.2024.
In view of the aforesaid submissions, the appeal is disposed of with liberty as prayed for by the learned counsel for the revenue. However, the question of law is kept open to be adjudicated in an appropriate proceeding.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (C.M. POONACHA) JUDGE
SMJ List No.: 2 Sl No.: 10
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