DEVANAND ROOPCHAND THALE,BHIWANDI vs. ITO WD 1(1), KALYAN

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ITA 1239/MUM/2015Status: DisposedITAT Mumbai12 May 2017AY 2010-113 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the lower authorities' decisions as the assessee did not appear nor controvert the findings with evidence. The gain on sale of land was correctly treated as short-term capital gain.

What were the facts?

The assessee challenged the CIT(Appeals)'s order sustaining the addition of gain on sale of land as short-term capital gain and additions for unproved sundry creditors. The Assessing Officer treated the land as non-agricultural based on a reply from the Town Planning Department.

What were the issues?

Whether the gain on sale of land should be treated as short-term capital gain, and the validity of additions for unproved sundry creditors.

Which sections of the Income-tax Act were involved?

Not explicitly mentioned, but relates to capital gains and potentially Section 68 for sundry creditors.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “H”, MUMBAI

Before: SHRI C.N. PRASAD & SHRI RAMIT KOCHAR

Hearing: 1.3.2017Pronounced: 12.5.2017

आदेश / O R D E R PER C.N.PRASAD (JM) This appeal is filed by the Assessee against the order of the Ld.CIT(Appeals)-II, Thane dated 2.1.2015 for the assessment year 2010-11.

2.

The Assessee in its appeal challenged the order of the Ld.CIT(Appeals) in sustaining the impugned addition treating the gain on sale of agricultural land as short term capital gain and sustaining the addition towards unproved sundry creditors.

(A.Y.2010-11) M/s Devanand Roopchand Thale

3.

Inspite of issue of notice, none appeared on behalf of the Assessee nor any adjournment petition is moved. Therefore we hear the Ld. DR and dispose off the appeal on merits.

4.

The Ld. DR submits that the Assessing Officer while completing the assessment required the Assessee to prove that the land sold by the Assessee is agricultural land. The Assessee before the Assessing Officer produced a certificate from the Gram Panchayat Kalher stating that the land is situated 8 km from boundary of Bhiwandi Nizampura City Municipal Corporation and population of the said Kalher gaon is not more than 10000. The Ld. DR submits that to verify the correctness of the submission, Assessing Officer issued letter to the officer-in-charge, Town Planning Department, Bhiwandi and in reply, the Town Planning Department Bhiwandi issued a letter stating that the land in question is within the 8 km of local limits of municipal corporation. Therefore, the Assessing Officer treated that the land in question sold by the Assessee is not agricultural land and computed the short term capital gain on such sale which the Ld.CIT(Appeals) sustained.

5.

None appeared before us and the findings of the lower authorities have not been controverted by submitting evidences. In these circumstances, the decisions taken by the lower authorities are confirmed.

6.

In the result, appeal of the Assessee is dismissed.

(A.Y.2010-11) M/s Devanand Roopchand Thale

Order pronounced in the open court on the 12th day of May 2017.

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