What did the Tribunal hold?

The Tribunal found no reason to interfere with the additions made by the Assessing Officer for Short Term Capital Gains and unexplained investment. Both additions were confirmed.

The Assessing Officer made additions for Short Term Capital Gains and unexplained investment in land. The lower authorities confirmed these additions, finding no evidence to rebut the findings regarding the land's location and the assessee's inability to prove the source of investment.

What were the issues?

Whether the additions for Short Term Capital Gains and unexplained investment were justified based on the evidence presented and the findings of the lower authorities.

Shri Chandrakantbhai B. Patel… vs ITO | s.143(3) | ITAT Ahmedabad 2017

Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD

Before: SHRI N.K. BILLAIYA & SHRI S.S. GODARA

Hearing: 16/11/2017

आदेश / O R D E R

PER S.S. GODARA, JUDICIAL MEMBER This assessee’s appeal for Assessment Year 2011-12 is directed against the CIT(A)-2 Ahmedabad’s order dated 31/03/2015 passed in case No.CIT(A)-2/SK Wd.3.HMT/176/13-14 upholding Assessing Officer’s action making Short Term Capital Gains and unexplained investment additions of Rs.15.92 lakhs and Rs.8.72 lakhs; respectively in

ITA No. 1330/Ahd/2015 Chandrakantbhai B. Patel vs. ITO Asst.Year – 2011-12 - 2 - assessment order dated 31/01/2014 in proceeding under s.143(3) of the Income Tax Act, 1961; in short ‘the Act’.

Case called twice. None appears at assessee’s behest. It emerges from the case file that the Registry has been issuing notice to the assessee qua various instances of hearing. He has never come present nor has anyone filed power of attorney. We therefore proceed ex-parte against the assessee.

A perusal of the instant case file reveals that the Assessing Officer had made the above two additions of Short Term Capital Gains and unexplained investment made in land. Both the lower authorities hold the assessee’s land sold in the relevant previous year to be a capital asset held for less than three years to be situated within Talod municipal limits as per necessary verification issued by Mamlatadar. There is no evidence in the case file to rebut the same. We find that the assessee has also not been able to prove source of his investment of Rs.8.72 lakhs made immovable property as he could not prove to have derived agricultural income from entire family’s land holdings himself only. We therefore find no reason to interfere with both the impugned additions in question. The same are accordingly confirmed.

ITA No. 1330/Ahd/2015 Chandrakantbhai B. Patel vs. ITO Asst.Year – 2011-12 - 3 - 4. This assessee’s appeal is dismissed. This Order pronounced in Open Court on 27/11/2017

Sd/- Sd/- ( N.K. BILLAIYA ) ( S.S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER

Ahmedabad; Dated 27/ 11 /2017

ट�.सी.नायर, व.�न.स./T.C. NAIR, Sr. PS

आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)-2, Ahmedabad �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 5. 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy//

उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील�य अ�धकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation ...24.11.17 (word processed by Hon’ble JM in his computer) 2. Date on which the typed draft is placed before the Dictating Member ….24.11.17 3. Other Member… 4. Date on which the approved draft comes to the Sr.P.S./P.S…………….. 5. Date on which the fair order is placed before the Dictating Member for pronouncement…… 6. Date on which the fair order comes back to the Sr.P.S./P.S…….27.11.17 7. Date on which the file goes to the Bench Clerk…………………27.11.17 8. Date on which the file goes to the Head Clerk…………………………………... 9. The date on which the file goes to the Assistant Registrar for signature on the order…………………….. 10. Date of Despatch of the Order………………

SHRI CHANDRAKANTBHAI B. PATEL,SABARKANTHA vs. THE INCOME TAX OFFICER, S.K.WARD-3, HIMATNAGAR

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