Niranjan Lal Data, Alwar vs Department Of Income Tax

Jh vkj-ih-rksykuh] U;kf;d lnL; ,oa Jh Vh-vkj-ehuk] ys[kk lnL; ds le{k BEFORE: SHRI R.P. TOLANI, JM & SHRI T.R. MEENA, AM

WTA No. 07/JP/2014 fu/kZkj.k o"kZ@Assessment Year : 2005-06

A.C.W.T. cuke Niranjan Lal Data, Circle-2, Alwar. Vs. S/o- Shri Pyare Lal, Bhagwati Sadan, SD Marg, Alwar.

LFkk;h ys[kk la-@thvkbZvkj la-@PAN/TAN No.: ALYPD 2259 E vihykFkhZ@Appellant izR;FkhZ@Respondent

jktLo dh vksj ls@ Revenue by : Shri Rajesh Ojha (JCIT) fu/kZkfjrh dh vksj ls@ Assessee by : Shri Bhupendra Bhangi (C.A.)

lquokbZ dh rkjh[k@ Date of Hearing : 23/04/2015 ?kks"k.kk dh rkjh[k@ Date of Pronouncement : 23/04/2015

vkns'k@ ORDER

PER: T.R. MEENA, A.M.

This is an appeal filed by the revenue against the order dated

05/06/2014 passed by the learned CWT(A), Alwar for A.Y. 2005-06. The

effective grounds of appeal are as under:-

"Appeal is filed on the following grounds against the order of ld. CWT(A), Alwar in appeal No. 68/2013-14 passed on

2 WTA 07/JP/2014_ ACWT Vs. Niranjan Lal Data

05/06/2014 in the case of Shri Niranjan Lal Data, Bhagwati Sadan, S.D. Marg, Alwar for the A.Y. 2005-06:-

1. That the Commissioner of Wealth Tax (Appeals), Alwar has erred in law as well as on the facts and circumstances of the case in deleting the addition of Rs. 5,71,54,963/- made by Assessing Officer on account of property at Raniwala Mill.

2. That the Commissioner of Wealth Tax (Appeals), Alwar has erred in law as well as on the facts and circumstances of the case in deleting the addition of Rs. 20,33,588/- made by Assessing Officer on account of property at Mangal Marg, Alwar.

3. That the Commissioner of Wealth Tax (Appeals), Alwar has erred in law as well as on the facts and circumstances of the case in deleting the addition of Rs. 7,00,000/- made by Assessing Officer on account of property at Rishikesh.

4. That the Commissioner of Wealth Tax (Appeals), Alwar has erred in law as well as on the facts and circumstances of the case in deleting the addition of Rs. 3,03,62,750/- made by Assessing Officer on account of property at Station Road, Alwar.

5. That the Commissioner of Wealth Tax (Appeals), Alwar has erred in law as well as on the facts and circumstances of the case in deleting the addition of Rs. 40,66,000/- made by Assessing Officer on account of property at Kush Marg, Alwar.

6. That the Commissioner of Wealth Tax (Appeals), Alwar has erred in law as well as on the facts and circumstances of the case in deleting the addition of Rs. 6,74,50,000/- made by Assessing Officer on account of property at Nanglokhora, Alwar.

3 WTA 07/JP/2014_ ACWT Vs. Niranjan Lal Data

That the appellant craves leave to add, amend or later the grounds of appeal on or before the date the appeal is finally heard for disposal."

2. All the grounds of revenue's appeal arising out of order of

CWT(A), Alwar dated 05/06/2014 for A.Y. 2005-06. The Assessing

Officer passed order in this case on 20/03/2013 and held that all the six

properties are liable to be paid wealth tax on the basis of detailed

findings against each property in his order and computed the wealth as

under:-

Returned Wealth Rs. 6,70,765/- Add:- 1. Value of property popularly known as Rs. 5,71,54,963/- Raniwala Mill 2. Value of property at Mangal Marg, Rs. 20,33,588/- Alwar 3. Value of Property at Rishikesh Rs. 7,00,000/- 4. Value of property at Station road, Rs. 3,03,62,750/- Alwar 5. Value of property at Kush Marg, Alwar Rs. 40,66,000/-

6. Value of property at Naglikhora, Alwar Rs. 6,74,50,000/-

Total Rs. 16,96,58,928/- Total wealth rounded off Rs. 16,96,58,928/-

3. Being aggrieved by the order of the Assessing Officer, the

assessee carried the matter before the learned CWT(A), who had

allowed the appeal partly and held that all the six properties are not 4 WTA 07/JP/2014_ ACWT Vs. Niranjan Lal Data

liable to be included in the computation of the wealth of the assessee

by giving a detailed order on each property wise. The ld CWT(A) has

decided as under:-

"5.3 It is observed that the issues arising in this appeal have already been decided in the case of the appellant for assessment yeas 1998-99 to 2003-04 by the CWT(A) and ITAT in favour of the appellant. Further, my ld. Predecessor vide order No. 402/11-12 dated 05/06/2012, has also considered all these issues, in the case of the appellant, for A.Y. 2004-05 and based on the findings given by the CWT(Appeals), Alwar in the earlier years, decided against these issues in favour of the appellant.

5.4 While making the additions to the net wealth, the A.O. has relied on the assessments made in the case of the appellant in the preceding years. Therefore, following the above findings of my ld. Predecessor, all the additions made by the A.O. to the net wealth of the appellant for year under consideration, with respect to the six properties mentioned above, are deleted. Accordingly, ground Nos. 2 to 8 of the appeal are allowed."

4. Now the Revenue is in appeal before us. The learned D.R.

vehemently supported the order of the Assessing Officer. At the outset, 5 WTA 07/JP/2014_ ACWT Vs. Niranjan Lal Data

the ld AR of the assessee has supported the order of the ld. CWT(A)

and argued that, this matter is covered by the Hon'ble ITAT's order in

assessee's own case. The facts and circumstances of the case identical,

therefore, order of the ld. CWT(A) may please be confirmed.

5. We have heard the rival contentions of both the parties and

perused the material on record. The Coordinate Bench in WTA No.

11/JP/2011 for A.Y. 2003-04 vide order dated 07/03/2012 had

considered all these properties in dispute for the purposes of wealth tax

purposes and had held that all the six properties are not to be included

in the wealth of the assessee by giving a detailed reasoning against

each property. For all the properties, the Coordinate Bench had

followed the assessee's own case decision in WTA Nos. 1 to 5/JP/2011

in case of Smt. Nirmala Devi Data and WTA Nos. 6 to 10/JP/2011 in

case of Shri Niranjan Lal Data and confirmed the order of CWT(A). In

this order when facts and circumstances are identical, properties are

same for wealth tax purposes and Coordinate Bench had decided this

issue for many years in favour of assessee and even revenue has been

filing appeals repeatedly before us. Therefore, we dismiss the appeal of 6 WTA 07/JP/2014_ ACWT Vs. Niranjan Lal Data

revenue on the basis of finding given by the Coordinate Bench in order

dated 07/03/2012.

6. In the result, the revenue's appeal is dismissed.

Order pronounced in the open court on 23/04/2015.

Sd/- Sd/- ¼vkj-ih-rksykuh½ ¼Vh-vkj-ehuk½ (R.P.Tolani) (T.R. Meena) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member

Tk;iqj@Jaipur

fnukad@Dated 23rd April, 2015 *Ranjan

vkns'k dh izfrfyfi vxzsf'kr@Copy of the Order forwarded to:

1. vihykFkhZ@The Appellant- A.C.W.T., Circle-2, Alwar.

2. izR;FkhZ@ The Respondent- Niranjan Lal Data, Alwar.

3. vk;dj vk;qDr@ CWT

4. vk;dj vk;qDr@ vk;dj vk;qDr¼vihy½@The CWT(A)

5. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur

6. xkMZ QkbZy@ Guard File (WTA No. 07/JP/2014).

vkns'kkuqlkj@ By order,

lgk;d iathdkj@Asst. Registrar