Pr. Commissioner of Income-tax, Central, Jaipur v. Ram Lal Suthar
[Citation -2017-LL-0913-2]

Citation 2017-LL-0913-2
Appellant Name Pr. Commissioner of Income-tax, Central, Jaipur
Respondent Name Ram Lal Suthar
Court HIGH COURT OF RAJASTHAN AT JODHPUR
Relevant Act Income-tax
Date of Order 13/09/2017
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags additional income • documents seized • search proceedings • re-assessment of income
Bot Summary: Suffice to mention that while a search certain documents were recovered from premises of the assessee and on basis of the same an addition was made in taxable income of the assessee under Section 153A of the Income Tax Act, 1961. The same was questioned by way of filing an appeal before the Commissioner of Income Tax. The Commissioner of Income Tax under the order dated 30.03.2015 partly allowed the appeal preferred by the assessee. The assessee as well as revenue being aggrieved by the order passed by the Commissioner of Income Tax preferred ITA-24/2017 appeals before the Income Tax Appellate Tribunal and those came to be decided under the order impugned dated 27.01.2017. The Income Tax Appellate Tribunal under the order impugned arrived at the conclusion that the documents recovered during search does not disclose any additional income the addition was erroneous. The document aforesaid, as a matter of fact, does not reflect any income said to be have with the assessee. In view of it, we do not find any wrong with the order passed by learned Income Tax Appellate Tribunal.


HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 24/2017 Pr. Commissioner of Income Tax- Central, Jaipur. -Appellant Versus Shri Ram Lal Suthar, 10-B, Subhash Nagar, Milk Man Colony, Jodhpur. Respondent For Appellant(s) : Mr. K.K. Bissa HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment 13/09/2017 This appeal is before us to examine correctness of order passed by Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur in Income Tax Appeal No.151 and 270/Jodh/2015. order aforesaid pertains to assessment year 2010-2011. Suffice to mention that while search certain documents were recovered from premises of assessee and on basis of same addition was made in taxable income of assessee under Section 153A of Income Tax Act, 1961. same was questioned by way of filing appeal before Commissioner of Income Tax. Commissioner of Income Tax under order dated 30.03.2015 partly allowed appeal preferred by assessee. assessee as well as revenue being aggrieved by order passed by Commissioner of Income Tax preferred (2 of 2) [ITA-24/2017] appeals before Income Tax Appellate Tribunal and those came to be decided under order impugned dated 27.01.2017. Income Tax Appellate Tribunal under order impugned arrived at conclusion that documents recovered during search does not disclose any additional income, therefore, addition was erroneous. This Court also looked into original documents on basis of which addition, as per Section 153A of Income Tax Act, 1961 has been made. document aforesaid, as matter of fact, does not reflect any income said to be have with assessee. No definite conclusion on basis of those documents could have been given. In view of it, we do not find any wrong with order passed by learned Income Tax Appellate Tribunal. appeal, as such, does not involve any substantial question of law. appeal hence is dismissed. (VINIT KUMAR MATHUR)J. (GOVIND MATHUR)J. Ramesh/43 Pr. Commissioner of Income-tax, Central, Jaipur v. Ram Lal Suthar
Report Error