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27-11-2019, ANAND YADAV, Section 40A(3), 147, 148, Tribunal Delhi

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1 week 5 days ago #11621 by amit
Section - 40A(3), 147, 148, 145(3), 133A
Order Date - 27-11-2019
Favouring - Revenue
Court - Tribunal Delhi
Appellant - ANAND YADAV
Respondent - ACIT
Justice - G.S. PANNU VP & H.S. SIDHU JM
Citation - 1219Taxpundit9
Appeal No. - ITA Nos. 5993 to 5996/Del/2016
Asstt. Year - 2009-10 to 2012-13

Order

PER : H.S. SIDHU, JM

These 04 appeals filed by the Assessee are directed against the respective Orders of the Ld. CIT(A)-Hisar, relevant to assessment years 2009-10 to 2012-13. Since the issues involved in these appeals are common and identical, hence, the appeals were heard together and are being disposed of by this common order for the sake of convenience and therefore, we are only reproducing the grounds raised in ITA No. 5993/Del/2016 (AY 2009-10) as under:-

“1. That the Ld. CIT(A) in the facts and circumstances of the case had erred in law in upholding the assessment of income by the Assessing Officer from Brick Kiln business computed on estimate basis without considering:-

i. That the returned income was based on audited statement of accounts having detail of the turnover and sale price of the bricks alongwith number of bricks sold duly supported by documents / sale bill.

ii. That the estimation of turnover by the AO was based on estimated production by applying estimated sale price without any material, in arbitrary manner without taking into considering past history and without rejecting the audited books of accounts u/s. 145(3) presuming that the total bricks produced were sold and there was no opening and closing stock.

2. The Ld. CIT(A) should have accepted the production of bricks sale price and turnover declared by the appellant in the audited accounts as shown in the return of income instead of estimated turnover and production of bricks without any evidence or documents.

3. The Ld. CIT(A) in the facts of the case has erred in law in upholding the initiation of reassessment proceedings, not based on any material ignoring the return submitted and submission of the appellant that the objection were rejected without affording opportunity.

4. That the Ld. CIT(A) has erred in upholding the charging of interest as consequential without appreciating that interest was not chargeable in the facts of the case as income was declared based on regular books and income was assessed on estimate basis not based on any material.

5. That the appellant craves leave to add amend or rescind any of the ground of appeal before or at the time of hearing of the appeal. In the circumstances it is prayed that the appeal may kindly be accepted and addition may be deleted.”

2. At the time of hearing, Ld. Counsel for the assessee stated that the issues involved in all the 04 appeals are common and identical and therefore, he is only arguing the appeal No. 5993/Del/2016 (AY 2009-10). Hence, we are only dealing with ITA No. 5993/Del/2016 (AY 2009-10) and decision thereof will apply mutatis mutandis to other 03 appeals.

ITA NO. 5993/DEL/2016 (AY 2009-10)

3. The assessee filed his original return of income on 20.9.2009 declaring an income of Rs. 3,39,750/- and agriculture income of Rs. 69,600/-. Later on Survey u/s. 133A of the Income Tax Act, 1961 (in short “Act”) was conducted on the business premises of the assessee on 21.3.2012 and on the basis of impounded material/papers the case of the assessee was reopened u/s. 148 of the Act, after recording the

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