Sunita Panwar, Meerut V. ITO, Meerut

CO 290/DEL/2009

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 4461 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 18 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 18-03-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 18-03-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 31-08-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KISHORE B
• Assessee Lawyers: RAJEEV SINGH
• Keywords: Income from undisclosed sources
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G: NEW DELHI BEFORE SHRI C.L. SETHI, JUDICIAL MEMBER & SHRI R.C. SHARMA, ACCOUNTANT MEMBER ITA NO. 3289/DEL/2009 ASSESSMENT YEAR : 2005-06 INCOME TAX OFFICER WARD 2 (1), MEERUT VS. SMT. SUNITA PANWAR W/O SHRI BHARAT SINGH, 116, SHIVLOK PURI, KANKAR KHERA, MEERUT (APPELLANT) (RESPONDENT) PAN : ASXPP 7079 H C.O. NO. 290/DEL/2009 (IN ITA NO. 3289/DEL/2009) SMT. SUNITA PANWAR W/O SHRI BHARAT SINGH, 116, SHIVLOK PURI, KANKAR KHERA, MEERUT VS. INCOME TAX OFFICER WARD 2 (1), MEERUT DEPARTMENT BY : SHRI KISHORE B. , SR. DR ASSESSEE BY : SHRI RAJEEV SINGH, ADVOCATE O R D E R PER: C.L. SETHI, J.M. THE REVENUE IS IN APPEAL AGAINST THE ORDER OF THE CIT(A) DATED 01.05.2009 PASSED IN THE MATTER OF AN ASSESSMENT MA DE U/S. 147/143(3) OF THE INCOME TAX ACT, 1961 (THE ACT) FOR THE A.Y. 2 005-06. 2. THE GROUND RAISED BY THE REVENUE IS DIRECTED AGA INST THE CIT(A)S ORDER IN DELETING THE ADDITION OF RS. 8,30,000/- MA DE BY THE AO IN ITA NO. 3289/DEL/2009 C.O. NO. 290/DEL/2009 PAGE 2 OF 4 ASSESSEES HAND AND DIRECTING THE AO TO CONSIDER TH E SAME IN THE HANDS OF THE ASSESSEES HUSBAND, SHRI BHARAT SINGH. 3. WE HAVE HEARD BOTH THE PARTIES AND HAVE CAREFULL Y GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. 4. ON THE BASIS OF ENTRY OF DEPOSIT IN THE SAVING B ANK ACCOUNT WITH PUNJAB & SINDH BANK, MEERUT, TO THE EXTENT OF RS. 5 LACS AND RS. 3,30,000/- ON 17.05.2004 AND 18.05.2004, AND IN THE ABSENCE OF ANY EXPLANATION AS TO THE SOURCE OF DEPOSIT, THE AO TRE ATED THE DEPOSIT AS UNACCOUNTED INCOME OF THE ASSESSEE. THE AFORESAID BANK ACCOUNT WAS THE JOINT ACCOUNT IN THE NAME OF THE ASSESSEE SMT. SUNI TA PANWAR AND HER HUSBAND SHRI BHARAT SINGH. THE TOTAL DEPOSIT INCLU DING THE AFORESAID DEPOSIT OF RS. 8,30,000/- WAS TO THE EXTENT OF RS. 11,10,000/-. THE AO TREATED THE DEPOSIT AS UNDISCLOSED INCOME OF THE PR ESENT ASSESSEE. HOWEVER, THE CIT(A) AS TAKEN A VIEW THAT ADDITION S HOULD HAVE BEEN MADE IN THE CASE OF HUSBAND OF THE ASSESSEE INSTEAD OF THE ASSESSEE HERSELF. THE CIT(A) ALSO DIRECTED THE AO TO PASS T HE NECESSARY INFORMATION TO THE CONCERNED AO, ASSESSING THE ASSE SSEES HUSBAND SHRI BHARAT SINGH TO VERIFY THE GENUINENESS OF THE ENTRI ES OF TRANSACTION. IT WAS THE CASE OF THE ASSESSEE THAT THE AFORESAID AMO UNT DID BELONG TO HER HUSBAND, WHO RAISED VARIOUS FRIENDLY LOANS FOR THE PURPOSES OF PURCHASING ITA NO. 3289/DEL/2009 C.O. NO. 290/DEL/2009 PAGE 3 OF 4 HOUSE, AND ALSO SOME DEPOSITS WERE MADE OUT OF SALE PROCEEDINGS OF AGRICULTURAL LAND SOLD BY THE ASSESSEES HUSBAND SH RI BHARAT SINGH. 5. IN THE LIGHT OF THE FACTS, WE ARE, THEREFORE, OF THE CONSIDERED VIEW THAT THE CIT(A) WAS VERY MUCH JUSTIFIED IN HOLDING THAT THIS DEPOSIT SHOULD NOT BE CONSIDERED IN THE ASSESSEES HANDS, B UT TO BE CONSIDERED IN THE HANDS OF THE ASSESSEES HUSBAND. THIS WAS THE CASE OF THE ASSESSEE. IN THE ABSENCE OF ANY SOURCE OF INCOME OF THE ASSES SEE, IT HAS BEEN RIGHTLY HELD BY THE CIT(A) THAT THE MATTER SHOULD BE CONSID ERED IN THE HANDS OF THE ASSESSEES HUSBAND, AND FOR THAT PURPOSE HE HAS ASKED THE AO TO PASS THIS INFORMATION TO THE CONCERNED AO ASSESSING THE ASSESSEES HUSBAND SHRI BHARAT SINGH. THE LD. COUNSEL FOR THE ASSESSE E PRESENT HAS ALSO ACCEPTED THE PROPOSITION THAT THE INCOME IS TO BE C ONSIDERED IN THE HANDS OF THE ASSESSEES HUSBAND. WE, THEREFORE, UPHOLD T HE ORDER OF THE CIT(A) AND DIRECT THE CONCERNED AO TO INITIATE PROCEEDINGS OF ASSESSMENT AGAINST THE ASSESSEES HUSBAND SHRI BHARAT SINGH AFTER ISSU ING NOTICE U/S. 148 OF THE ACT, IN AS MUCH AS, IT IS PRIMA FACIE REVEALED THAT THE AFORESAID AMOUNT HAD ESCAPED ASSESSMENT IN THE HANDS OF THE ASSESSEE S HUSBAND SHRI BHARAT SINGH. THE ORDER OF THE CIT(A), IS , THUS, UPHELD. 6. THE ASSESSEE HAS ALSO FILED CROSS OBJECTIONS, WH ICH IS MERELY IN SUPPORT OF THE CIT(A)S ORDER, AND GROUNDS TAKEN TH EREIN, ARE TO THE EFFECT THAT THE MONEY BELONGS TO THE ASSESSEES HUSBAND, W HO HAS RAISED VARIOUS ITA NO. 3289/DEL/2009 C.O. NO. 290/DEL/2009 PAGE 4 OF 4 FRIENDLY LOANS FOR PURCHASE OF HOUSE AND ALSO DEPOS ITED CERTAIN MONEY FROM SALE PROCEEDS OF AGRICULTURAL LAND. SINCE NO SPECIFIC GROUND HAS BEEN RAISED IN THE CROSS OBJECTIONS AGAINST ANY ORD ER PASSED BY THE CIT(A) AGAINST THE PRESENT ASSESSEE, THE CROSS OBJE CTION FILED BY THE ASSESSEE IS TREATED TO BE INFRUCTUOUS. 7. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED AND THE CROSS OBJECTIONS FILED BY THE ASSESSEE STAND DISMIS SED AS INFRUCTUOUS. 8. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT I MMEDIATELY AFTER THE HEARING WAS OVER ON 18 TH MARCH, 2010. SD/- (R.C. SHARMA ) ACCOUNTANT MEMBER SD/- (C.L. SETHI) JUDICIAL MEMBER DATED: 18 TH MARCH, 2010 *NITASHA COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI. BY ORDER DEPUTY REGISTRAR