COMMISSIONER OF INCOME Vs. GOPI RAM CHOUDHARY

JUDGEMENT

(1.) The instant appeal filed by the appellant U/Sec. 260-A of the Income Tax Act, 1961 (for short the Act) is directed against order of Income Tax Appellate Tribunal, Jaipur Bench, Jaipur (for short ITAT) dt. 27th January, 2014 passed in ITA No.720 relating to Assessment Year 2007-08.

(2.) Brief facts as emerging on the face of record, necessary for disposal of the present appeal, are that the assessee-respondent though had income through long term capital gains, interest income and agricultural income, but did not choose to file income tax return under Section 139 of the Act. Consequent to the information available with the revenue, a notice under Section 148 of the Act was issued on 15.1.2010. However, it was observed by the Assessing Officer that despite of several notices, neither income tax return nor any other details were furnished in response to notice under Section 148 of the Act. However, a letter was filed by the assessee containing inter alia that the assessee has no taxable income and, therefore, no return is required to be filed. However, on the basis of information available with the Assessing Officer and the fact that the assessee did not cooperate in either filing income tax return nor providing any material. The Assessing Officer proceeded to make an assessment and it was observed by the Assessing Officer that the assessee had sold 2.548 Hectare undivided land situated at village Narsinghpura, Patwar-Mahapura, Tehsil, Sanganer, Jaipur jointly with Shri Chetram and Shri Roshan Kumar for a sum of Rs.9,45,00,000/- on 27.7.2006 which fell for consideration during the previous year relevant to the year under appeal. The assessee got Rs.3,62,32,310/- as his share of sale value out of the total sale proceeds. On the basis of the information available with the Assessing Officer, cost of acquisition was adopted as on 1.4.1981 and after considering other deductions under Section 54B and other available deductions, the Assessing Officer computed income at Rs.3,04,24,409/- as income chargeable under the head long term capital gains. It was further noticed by the Assessing Officer that as per the bank details of Central Bank of India, Bad Ke Balaji, Jaipur as well as Jaipur Thar Gramin Bank, there was deposit to the tune of Rs.46,99,000/- on different dates and since source of receipt of the said cash deposits in the Bank Account was not shown/proved to the Assessing Officer, therefore, an addition of the said amount was also made. The Assessing Officer, thus assessed income at Rs.3,52,29,339/-.

(3.) Dis-satisfied with the said assessment, an appeal came to be filed by the assessee before the Commissioner of Income Tax(Appeal) (for short CIT(A) before whom on behalf of the assessee certain additional evidence under Rule 46A of the Income Tax Rules, 1962 namely copies of sale deeds of the land, valuation report and bank statements etc. were filed as also claim under Section 54F and explanation with regard to deposit in the bank accounts were submitted. It has been observed by the CIT(A) that the additional evidence, which were placed by the assessee under Rule 46A was sent to the Assessing Officer and a remand report was sought from the Assessing Officer with reference to the additional evidence filed. It appears that the Assessing Officer did consider the additional evidence and sent the report to the CIT(A) though objected to placing additional evidence on record. However, the CIT(A) did consider the additional evidence placed on record so also the other material and passed order dated 22.5.2012 dismissing the appeal of the respondent-assessee.