Commissioner Of Income Tax, Jaipur-Iii, Jaipur v. Hira Lal

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH ATJAIPUR D.B. Income Tax Appeal No. 591 / 2008 Commissioner Of Income Tax, Jaipur-III, Jaipur ----Appellant Versus Hira Lal Prop. M/s Todar Mal Hiralal Sewad Badi, Sikar ----Respondent _____________________________________________________ For Appellant(s) : Mr. Sameer Jain For Respondent(s) : Mr. Mahendra Gargeiya _____________________________________________________HON'BLE MR. JUSTICE K.S.JHAVERI HON'BLE MR. JUSTICE INDERJEET SINGHOrder 30/08/2017 Delay in filing the application is condoned. LRs of Heeralalare taken on record. Both the applications (19066/17) and21969/17 stands disposed of. 1.By way of this appeal, the appellant has assailed thejudgment and order of the Tribunal whereby the Tribunal hasdismissed the appeal of the department confirming the order ofCIT(A). 2.This Court while admitting the matter framed the followingquestions of law:- “i) Whether in the facts and circumstances ofthe case, the learned ITAT was justified inholding the assessment orders for theAssessment Years 1995-96 & 1996-97, bad inlaw as the amount of income escaped had notbeen mentioned in the reason for action u/s147, though all the statutory conditions werethe case, the learned ITAT was justified inholding the assessment orders for theAssessment Years 1995-96 & 1996-97, bad inlaw as the amount of income escaped had notbeen mentioned in the reason for action u/s147, though all the statutory conditions were satisfied.? ii) Whether the learned ITAT was right inarriving at a conclusion that the assessmentwas time barred u/s 153(2) of the IT Act eventhough there was specific reference made u/s142(2A) for getting the accounts of therespondent audited? iii) Whether the learned ITAT was right in givinga finding that the respondent’s case forassessment year 1995-96 and 1996-97 weregoverned by limitation provided u/s 149(1)(b)of the Act without considering the applicabilityof Section 149(1) (b) of the Income Tax Act,which was case of the Assessing Officer.?” 3.Taking into consideration the concurrent finding recorded by the authorities apart from the issues which are dealt by theCourt u/s 147, 142(2A) & 149(1)(b) which has been discussedby the Tribunal in detail. 4.In that view of the matter, the finding given by the Tribunaland CIT(A) is just and proper and no case is made out forinterference. 5.Hence, all the issues are answered in favour of theassessee against the department. 6.The appeal stands dismissed. (INDERJEET SINGH)J. (K.S.JHAVERI)J. A.Sharma/94