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07-01-2019, Padam Chand Agarwal, Section 147, 68, 90B, Tribunal Jaipur

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2 months 1 week ago #8297 by amit
Section - 147, 68, 90B
Order Date - 07-01-2019
Favouring - Assessee Partly
Court - Tribunal Jaipur
Appellant - Padam Chand Agarwal
Respondent - ITO
Justice - VIJAY PAL RAO, JM & VIKRAM SINGH YADAV, AM
Citation - 119Taxpundit94
Appeal No. - ITA No. 747/JP/2018
Asstt. Year - 2012-13

Order

PER : VIJAY PAL RAO, J.M

This appeal by the assessee is directed against the order dated 26/03/2018 of ld. CIT(A)-I, Jaipur for the A.Y. 2012-13. The assessee has raised following grounds of appeal:

“1. In the facts and circumstances of the case and in law, ld. CIT(A) has erred in confirming the action of ld. A.O. in reopening the assessment under Section 147 of the Income Tax Act, 1961. The action of the ld. CIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by quashing the assessment proceedings being illegal and without any basis.

2. In the facts and circumstances of the case and in law, ld. CIT(A) has erred in confirming the action of the ld. A.O. in making an addition of Rs. 1,88,00,000 as alleged unexplained cash deposit under Section 68 of the Income Tax Act. The action of the ld. CIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by deleting the said addition of Rs. 1,88,00,000/-.

3. The assessee craves his right to add, amend or alter any of the grounds on or before the hearing.”

2. The assessee has also filed additional ground, which reads as under:

“In the facts and circumstances of the case and in law, the ld. CIT(A) has erred in not accepting additional evidences furnished by the assessee. The action of the ld CIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by accepting the said additional evidences.”

3. We have heard the ld AR of the assessee as well the ld DR on the admission of the additional ground raised by the assessee. At the outset, we note that the additional ground is not a fresh plea raised by the assessee but it is on the point of rejection of additional evidence filed by the assessee before the ld. CIT(A), therefore, the issue raised by the assessee in the additional ground is emanating from the impugned order of the ld. CIT(A) when the assessee proposed to file the additional evidence before the ld. CIT(A) which was not accepted. Hence, in view of the facts and circumstances that the additional ground raised by the assessee is not a fresh plea but it is against the order of the ld. CIT(A) for not accepting the additional evidence proposed to be filed by the assessee in support of the claim, we admit the additional ground raised by the assessee for deciding on merits.

4. Ground No. 1 of the appeal is regarding validity of reopening of the assessment. At the time of hearing, the ld AR of the assessee stated at bar that the assessee does not press ground No. 1 of the assessee’s appeal and the same may be dismissed as not pressed The ld DR has raised no objection if the ground No. 1 of the assessee’s appeal is dismissed as not pressed. Accordingly, ground No. 1 of the assessee’s appeal is dismissed being not pressed.

5. Ground No. 2 of the appeal is regarding the addition of Rs. 1.88 crores made by the Assessing Officer on account of unexplained cash deposit was sustained by the ld. CIT(A). The additional ground raised by the assessee s regarding the additional evidence is also in support of the ground No. 2 of the appeal,therefore, the ground No. 2 as well as additional ground raised by the assessee are taken up together for adjudication. The assessee is individual and engaged in the business of real estate in the name and style of M/s Jai Narayan Construction Company. The assessee filed his return of income for the year under consideration on 26/3/2013 declaring total income of Rs. 3,57,650/-.

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