Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (6) TMI 601 - GUJARAT HIGH COURT

2016 (6) TMI 601 - GUJARAT HIGH COURT - TMI - Unaccounted investment in purchase of lands - Rectification of mistake - application for rectification contending that the question of grant of cross-examination of Indravadan Prajapati would arise only in relation to the lands bearing block no. 445 and would not govern the other purchase of lands by the assessee - whetehr Tribunal erred in remanding the assessment on all counts ? - Held that:- We agree with the submission of Shri Vora for the assess .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cross-examination of the witness. In that view of the matter, the assessee was justified in seeking rectification at the hands of the Tribunal since there was a clear error apparent on record. The Tribunal was thus justified in recalling the order in so far as it disposed of Revenue's appeal also. However, having done that, the Tribunal ought to have put the Revenue to notice, heard both the sides on merits and thereafter proceeded to pass the order as found appropriate in law. The Tribunal in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

posal in accordance with law after hearing both the sides - TAX APPEAL NO. 223 of 2016 - Dated:- 9-6-2016 - MR. AKIL KURESHI AND MR. A.J. SHASTRI, JJ. FOR THE APPELLANT : MR SUDHIR M MEHTA, ADVOCATE FOR THE OPPONENT : MR. HARDIK V VORA, ADVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) The Rvenue is in appeal against the judgment of the Income Tax Appellate Tribunal ( the Tribunal for short) dated 27.6.2014. This Court has issued notice for final disposal. Accordingly, we have he .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

per sq.mtr., whereas in the sale deed it was shown to have been sold for ₹ 19.15 ps. Per sq.mtr. He also admitted having accepted on money of ₹ 25,52,780/-. 3. On the basis of such material, the Assessing Officer confronted the assessee and in the order of assessment dated 31.12.2007, made addition of ₹ 1.46 crores (rounded off) towards unaccounted investment in purchase of lands. He noted that all other purchasers of the lands were in close proximity and the land was situated .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

decision of CIT(Appeals) gave rise to two appeals; one by the assessee and another by the department. Both these appeals were disposed of by a common judgment by the Tribunal on 5.7.2013 as under: 27. We have heard the rival submissions and perused the material on record. It is an undisputed fact that Assessee had purchased six pieces of land from various parties. One of the parties from whom the Assessee had purchased the land had in his statement had admitted to have received onmoney on the sa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e. We therefore, feel that to met the ends of justice ond more opportunity should bne made available to the assessee to cross-examine the seller and for which we find support from the decision of Hon.Supreme Court in the case of ITO vs. M.P.Choodi (supra) where in Para 3 the Hon.Apex Court has noted as under: In this case the High Court has set aside the order of assessment on the ground that no opportunity to cross-examine was granted, as sought by the Assessee. WE are of the view that the High .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

w after giving an opportunity of hearing to the Assessee. 5. The assessee filed application for rectification contending that the question of grant of cross-examination of Indravadan Prajapati would arise only in relation to the lands bearing block no. 445 and would not govern the other purchase of lands by the assessee. The Tribunal erred in remanding the assessment on all counts. The Tribunal accepted rectification application of the assessee and by the impugned order, provided as under: 4. We .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of learned A.R. That the examination of Mr. Intwala has no bearing on the Departmental appeal as its appeal was an independent appeal and was not directly connected with ground raised by Assessee in its appeal. We are therefore, of the view that the appeal of Revenue was not required to be remitted to A.O. And therefore remitting the Revenue's appeal was mistake apparent from record. We therefore, amend the order in ITA No.3020/AHD? 2009 and dismiss the appeal of Revenue. We thus direct acco .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version