THE PR COMMISSIONER OF INCOME TAX vs. SRI PRAKASH BHAJANDAS TALREJA

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ITA/223/2024HC KarnatakaKAHC01042964202425 September 2024Bench: S.G.PANDIT,C.M. POONACHA4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal, keeping the substantial questions of law open for adjudication in appropriate proceedings. The decision was influenced by the tax effect being below the threshold specified in CBDT Circular No. 09/2024.

What were the facts?

The Revenue appealed against an ITAT order concerning assessment year 2017-18. The appeal raised questions about the validity of additions based on a searched party's return, the evidentiary value of loose sheets and statements, and the inference from lack of loan agreements.

What were the issues?

Whether additions can be made based on a searched party's return without independent evidence, and the evidentiary value of documents and statements found during a search.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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NC: 2024:KHC:39914-DB ITA No. 223 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. 223 OF 2024 BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME TAX, CENTRAL, 3RD FLOOR, C.R. BUILDING, QUEEN'S ROAD, BENGALURU - 560 001.

2.

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.1065/BANG/2023 FOR THE ASSESSMENT YEAR 2017-18 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:39914-DB ITA No. 223 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.

2.

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.1065/Bang/2023 for the assessment year 2017-18, 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:39914-DB ITA No. 223 of 2024

2.

"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)"?

3.

"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"?

4.

"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"?

3.

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:39914-DB ITA No. 223 of 2024

Taxes. It is also submitted that the aforesaid Circular binds the revenue.

4.

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.

5.

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.: 13

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