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TMI Blog2019 (8) TMI 702X X X X Extracts X X X X X X X X Extracts X X X X ..... storation of the appeals in accordance with Proviso to Rule 24 of Income Tax (Appellate Tribunal), Rules, 1963. If the assessee does approach ITAT for restoration of the appeals in ITAT, the matter will be considered in accordance with law having regard to the facts and circumstances. - ITA Nos:- 5623, 5624 and 5625/Del/2016 - - - Dated:- 9-8-2019 - Shri H.S. Sidhu, Judicial Member And Shri Anadee Nath Misshra, Accountant Member For the Assessee : None For the Revenue : Shri Surender Pal, Sr. DR CONSOLIDATED ORDER PER ANADEE NATH MISSHRA, AM (A) The assessee has filed these appeals against impugned orders respectively dated 30.08.2016, 23.08.2016 and 29.09.2016 passed by Learned Commissioner of Income Tax (Appeals)-21, New Delhi, ( Ld. CIT(A) , in short). For the sake of convenience, these appeals are hereby disposed off through this Consolidated Order, on the following grounds: ITA No. -5623/Del/2016 1. That the Learned Commissioner of Income Tax has grossly erred in sustaining the applicability of Section 148 in the case of the appellant. That the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any case the Learned Commissioner of Income Tax (Appeals) has grossly erred in sustaining the applicability of Section 27ID in the facts and circumstances of the case. The submissions made by the appellant and partly re-produced in the order of the Learned Commissioner of Income Tax have been erroneously brushed aside. 3. That Shri Vinod Kumar who had given Bayana for purchase of agricultural land had duly filed his confirmation letter and had been examined U/s. 131 of . the Income Tax Act 1961 by the Learned Assessing Authority. 4. That the Learned Commissioner of Income Tax (Appeals) has grossly erred in completely ignoring the evidence on record and the statement on solemn affirmation made by Shri Vinod Kumar which in on record. 5. That the order as made is against law and facts of the case. ITA No.- 5625/Del/2016 1. That the provisions of Section 27 IE of the Income Tax Act 1961 are not attracted in the least in the facts and circumstances of the case and the said provision was duly examined in the course of original assessment proceedings and the provisions of said section were invoked. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in escapement of income and, therefore, the AO had valid reasons to initiate proceeding u/s 147. The appellant s repeated contention that the provisions of sec. 147 are not attracted in the cases which merely involves change of opinion and no new facts have been placed on record are well accepted legal propositions which I am also in agreement with. However, in the case in hand there is no change of opinion, rather it is a case where original assessment was completed on the basis of wrong facts leading to escapement of income for which the AO had valid reasons to initiate action u/s 147. In view of above I find AO fully justified in initiating action u/s 147 of the I.T. Act and, therefore, the appellant s opposition to the AO s action is quashed. During the appellate proceedings it is noticed that the appellant has claimed deduction u/s 24 of the Act amounting ₹ 57,600/- which was claimed by the assessee in his return. In this regard, the AO has pleaded that the impugned income has been earned by the assessee while allowing Reliance Communication to erect telecom tower which cannot be treated as income from house property as the same would qualify to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs the assessee has contended that the impugned amount of ₹ 5,00,000/- was received by him against the land being sold to one: * Vinod Verma. However, appellant's above contention was not supported by any f able evidence. Moreover during the appellate proceedings it is also learnt that the so- : 2 led agreement to sale was never registered and the same was subsequently reversed. Even during the appellate proceedings it is also noticed that no new facts/supporting evidence were furnished before me in support of his contention that the money received by him from Sh. Vinod Verma was advance against sale of property. On the other hand, I find that the assessee has entered into a colorable transaction so as to brand the transaction as advance against sale which never took place. Therefore , on careful perusal of the facts of the case I am convinced that the nature of impugned transaction in this case appears to be that of loan/deposits which has been taken by the assessee from vinod verma in cash in violation of provisions of section 269SS of the I.T. Act. Accordingly, penalty levied u/s 271D of the I.T. Act deserves to be upheld. Order dated 29/09/2016 of L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 016. The fresh forms of appeal and grounds are being filed. The order of the learned CIT(A) were dispatched on 14.09.2016 as per acknowledgement given by the learned CIT(A) on Appellant letter dated 30.12.2016 copy attached. ii. The Tribunal fee in all the cases has been deposited on 21.10.2016 i.e. well within the Limitation period. iii. That the appellant is a school teacher and his father was critically ill at the relevant time and later expired on 02.12.2016. iv. That in case, however, the learned Bench entertain any doubt with regard to the submissions made therein, a hearing may kindly be given to the assessee. v. The appellant therefore humbly prays that the above appeal may kindly be admitted for hearing, it is prayed accordingly. vi. It is prayed accordingly. (C.1.1) In view of the aforesaid reasons submitted from the assessee s side; we decline to dismiss the appeals on grounds of limitation. (C.2) On merits, we find that Ld. CIT(A) has passed speaking orders. Relevant portions of the impugned orders of the Ld. CIT(A) have already been reproduced in foregoi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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