Smt. Narinder Pal Kaur, Amritsar. V. The Income-tax Officer, Amritsar.

CO 8/ASR/2013

• Counselvise Citation: [2013] 122 COUNSELVISE.COM (IT) 8443 (ITAT-AMRITSAR)
• Duration Of Justice: 1 month(s) 17 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 07-05-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 20-03-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S K BANSAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P. JAIN, ACCOUNTANT MEMBER I.T.A. NO. 69 (ASR)/2013) ASSESSMENT YEAR: 2008-09 PAN: AIFPK1996G INCOME TAX OFFICER VS. SMT. NARINDER PAL KAUR WARD- 3(3), AMRITSAR W/O- SH. AJIT SINGH, GURU KI WADALI, CHHEHARTA, AMRITSAR (APPELLANT) (RESPONDENT) AND CROSS-OBJECTION NO. 08(ASR)/2013 {ARISING OUT OF I.T.A. NO. 69(ASR)/2013} ASSESSMENT YEAR: 2008-09 PAN: AIFPK1996G SMT. NARINDER PAL KAUR VS. INCOME TAX OFFICER W/O- SH. AJIT SINGH, WARD- 3(3), AMRITSAR GURU KI WADALI, CHHEHARTA, AMRITSAR (APPELLANT) (RESPONDENT) DEPARTMENT BY: SH. TARSEM LAL, D.R. ASSESSEE BY: SH. TARUN BANSAL, ADVOCATE & SH. S.K. BANSAL, ADVOCATE DATE OF HEARING: 06.05.2013 DATE OF PRONOUNCEMENT: 07.05.2013 ORDER PER BENCH 1) THE REVENUE HAS FILED THE PRESENT APPEAL A GAINST THE IMPUGNED ORDER DATED 16.11.2012 PASSED BY CIT(APPEALS), AMRI TSAR, FOR THE ASSESSMENT YEAR 2008-09. THE ASSESSEE HAS ALSO FILE D CROSS-OBJECTION. 2 2) THE FACTS IN BRIEF ARE THAT THE ASSESSEE IS A WO MEN AND SERVING IN GOVERNMENT SCHOOL AS PRIMARY TEACHER. SHE FILED HER RETURN OF INCOME ON 15.07.2008 SHOWING INCOME OF RS. 1,31,895/-. HER SOURCE OF INCOME IS SALARIES AND INCOME FROM OTHER SOURCES BEING INT EREST INCOME. THE CASE WAS PROCESSED UNDER SECTION 143(1) OF THE INCOME-TA X ACT, 1961(IN SHORT THE ACT) ON 18.02.2010. THE CASE WAS SELECTED FOR SCRUTINY UNDER COMPUTER ASSISTED SECURITY SCHEME. ACCORDINGLY, NOT ICE UNDER SECTION 143(2) OF THE ACT WAS ISSUED ON 18.08.2009 FIXING T HE ASSESSMENT PROCEEDING ON 10.09.2009. AGAIN NOTICE UNDER SECTIO N 143(2) OF THE ACT WAS ISSUED ON 07.09.2009 FIXING THE ASSESSMENT PROC EEDING ON 18.09.2009. THE ASSESSEE ATTENDED THE PROCEEDING AN D CASE WAS ADJOURNED FOR 05.01.2010. ASSESSING OFFICER AGAIN ISSUED NOTICE TO THE ASSESSEE UNDER SECTION 143(2) OF THE ACT ON 26.10.2 010 FIXING NEXT DATE ON 01.11.2010. THE ASSESSEE ATTENDED THE PROCEEDING S ALONGWITH WITH HER HUSBAND AND HER COUNSEL AND FILED FORM NO. 16 BEFOR E THE ASSESSING OFFICER. AS PER INFORMATION, THE ASSESSEE HAS MADE CASH DEPOSIT TO THE TUNE OF RS. 11,79,500/- IN HER SAVING BANK ACCOUNT NO. 006601518332 WITH ICICI BANK LTD. DURING THE PERIOD 2007-08 RELE VANT FOR THE ASSESSMENT YEAR 2008-09. THE ASSESSEE WAS REQUIRED TO EXPLAIN THE SOURCE OF CASH DEPOSITED IN HER SAVING BANK ACCOUNT WITH ICICI BANK 3 LTD. WITH DOCUMENTARY EVIDENCE. IN RESPONSE TO THE SAME, SHE HAS FURNISHED THE WRITTEN REPLY EXPLAINING THE CASH DEP OSITS ON VARIOUS DATES WHICH THE ASSESSING OFFICER HAS MENTIONED AT PAGE N OS. 1 AND 2 OF THE ASSESSMENT ORDER AND LEARNED CIT(A) AT PAGE NO. 4 O F THE IMPUGNED ORDER. ACCORDING TO THE ASSESSEE, SHE HAS MADE CASH DEPOSIT OF RS. 9,65,000/- ON 09.05.2007 OUT OF THE CASH WITHDRAWN I.E. RS. 12,65,000/- ON THE SAME DAY FROM THE SAME BANK AND RS. 2,50,000 /- WAS UTILIZED FOR PURCHASE OF LAND. THE ASSESSING OFFICER DID NOT ACC EPT THE EXPLANATION OF THE ASSESSEE AND STATED THAT IT IS AN AFTERTHOUGHT OF THE ASSESSEE TO EXPLAIN THIS DEPOSIT. IT IS INCREDIBLE THAT A PERSON WHO RE QUIRED RS. 2,50,000/-FOR PURCHASE OF LAND MADE WITHDRAWAL OF RS. 12,65,000/- FROM HER SAVING BANK ACCOUNT AND ON THE SAME DAY RE-DEPOSITED RS. 9 ,65,000/- IN THE SAME BANK ACCOUNT. HE WAS FURTHER OF THE VIEW THAT THE CASH DEPOSITED ON 09.05.2007, CANNOT BE SAID TO BE OUT OF THE WITHDRA WAL MADE FROM THE SAME BANK ACCOUNT ON THE SAME DAY. IT IS NOT UNDERS TOOD AS TO WHY THE ASSESSEE KEPT THE CASH WITHDRAWN ON 09.05.2007 WITH HIM TILL 15.06.2007 TO MAKE FURTHER CASH DEPOSIT IN HER SAME BANK ACCOU NT. LASTLY, THE ASSESSING OFFICER REJECTED THE EXPLANATION GIVEN BY THE ASSESSEE AND MADE ADDITION OF RS. 11,79,500/- AS INCOME OF THE A SSESSEE FROM 4 UNDISCLOSED SOURCES DEPOSITED IN HER SAVING BANK AC COUNT AND COMPLETED HIS ASSESSMENT UNDER SECTION 143(2) OF THE ACT ON 1 5.12.2010. 3) AGGRIEVED BY THE IMPUGNED ORDER DATED 15.12.201 0, THE ASSESSEE FILED THE APPEAL BEFORE THE LEARNED FIRST APPELLATE AUTHORITY WHO VIDE IMPUGNED ORDER DATED 16.11.2012, PARTLY ALLOWE D THE APPEAL OF THE ASSESSEE AND DELETED THE ADDITION IN DISPUTE. NOW, THE REVENUE HAS FILED THE PRESENT APPEAL AGAINST THE IMPUGNED ORDER PASSE D BY LEARNED FIRST APPELLATE AUTHORITY. 4) AT THE TIME OF HEARING, LEARNED D.R. HAS RELIED UPON THE ORDER OF ASSESSING OFFICER AND ON THE CONTRARY, LEARNED COUN SEL FOR THE ASSESSEE HAS RELIED UPON THE ORDER PASSED BY LEARNED FIRST A PPELLATE AUTHORITY. 5) WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RELEVANT RECORDS AVAILABLE WITH US. AS PER RECORD AVAILABLE WITH US, THE ASSESSEES COUNSEL HAS ALSO FILED HIS WRITTEN SUBMISSION ALONG WITH TH E DECISION OF THIS BENCH PASSED IN I.T.A. NO. 336(ASR)/2006 & 337(ASR) /2006; SH. RAJ KUMAR VS. ASSISTANT COMMISSIONER OF INCOME-TAX, C.C .2, AMRITSAR, ON 25.01.2007 AND THE BANK ENTRIES OF THE ASSESSEES S AVING BANK ACCOUNT NO. 006601518332 WITH ICICI BANK LTD. FOR THE PERIOD 01 .04.2007 TO 30.09.2007 AND 01.10.2007 TO 31.03.2008, SHOWING HE R DEPOSITS AND WITHDRAWALS. WE HAVE PERUSED THE SAME AND WE ARE OF THE VIEW THAT A 5 PRIMARY TEACHER IS FILING HER RETURN OF INCOME REGU LARLY. HER HUSBAND IS LINEMAN IN THE PUNJAB STATE POWER CORPORATION. THE ASSESSEE DEPOSITED HER SAVINGS IN HER SAVING BANK ACCOUNT MAINTAINED I N THE ICICI BANK. WE HAVE ALSO PERUSED ALL THE ENTRIES OF THE ICICI BANK WHICH THE ASSESSEE HAS ATTACHED WITH THE SMALL PAPER BOOK AT PAGES 7 T O 12 AND TYPE COPY OF THE SAME AT PAGES 17 TO 23, WHICH SHOW THAT THE ASS ESSEE IS DEPOSITING HER SAVING IN THE SAID BANK ACCOUNT AND WITHDRAWING FRO M THE SAME AS PER HER REQUIREMENT. HER DEPOSITS AND WITHDRAWALS FROM THE SAID BANK ACCOUNT ARE NOT DISPUTED BY THE REVENUE AUTHORITY B UT ONLY WHEN THE ASSESSEE WITHDREW RS. 12,65,000/- ON 09.05.2007 AND DEPOSITED RS. 9,65,000/- ON THE SAME DAY I.E. 09.05.2007, A DOUBT AROSE IN THE MIND OF THE CONCERNED INCOME TAX OFFICER, WHICH WAS CLEARED BY THE ASSESSEE BY WAY OF HER REPLY IN THE ASSESSMENT PROCEEDINGS. BUT THE SAME WAS NOT ACCEPTED BY THE ASSESSING OFFICER AND HE MADE THE A DDITION IN DISPUTE. LEARNED FIRST APPELLATE AUTHORITY AFTER APPRECIATIN G THE EXPLANATION AS WELL AS THE DOCUMENTARY EVIDENCE FILED BY THE ASSES SEE, DELETED THE ADDITION IN DISPUTE. 6) KEEPING IN VIEW THE FACTS AND CIRCUMSTANCES OF T HE PRESENT CASE AS WELL AS THE CASE LAWS CITED BY LEARNED COUNSEL F OR THE ASSESSEE IN HIS WRITTEN SUBMISSION ESPECIALLY ORDER PASSED BY THIS BENCH ON 25 TH JANUARY, 6 2007 IN I.T.A. NO. 336(ASR)/2006 & 337(ASR)/2006 IN THE CASE OF SH. RAJ KUMAR VS. ASSISTANT COMMISSIONER OF INCOME-TAX, C.C. 2, AMRITSAR, WHICH THE ASSESSEE HAS ATTACHED AT PAGE NOS. 1 TO 6 OF THE PAPER BOOK, WE ARE OF THE VIEW THAT LEARNED FIRST APPELLATE AUTHOR ITY HAS RIGHTLY DELETED THE ADDITION IN DISPUTE AFTER APPRECIATING THE EXPL ANATION AS WELL AS THE EVIDENCE FURNISHED BY THE ASSESSEE BEFORE HIM AS WE LL AS BEFORE THE ASSESSING OFFICER. IT IS A MATTER OF RECORD THAT TH E ASSESSING OFFICER HAS NOT DISPUTED THE EXISTENCE OF SUFFICIENT CREDIT BAN K BALANCE BROUGHT FORWARD WORTH RS. 13,16,226/- AS ON 01.04.2007. AS PER ASSESSEES CASH FLOW STATEMENT, ASSESSEE HAS FILED SUFFICIENT EVIDE NCE SUPPORTING HER EXPLANATION BEFORE THE ASSESSING OFFICER AS WELL AS BEFORE THE LEARNED FIRST APPELLATE AUTHORITY AND EVEN BEFORE US. AFTER CONSIDERING THE SAME, WE ARE FULLY CONVINCED WITH THE EXPLANATION AND THE DOCUMENTARY EVIDENCE FILED BY THE ASSESSEE AND WE ARE OF THE VI EW THAT LEARNED FIRST APPELLATE AUTHORITY HAS RIGHTLY GIVEN THE RELIEF IN DISPUTE TO THE ASSESSEE. THEREFORE, NO INTERFERENCE IS CALLED FOR IN THE WEL L REASONED ORDER PASSED BY THE LEARNED FIRST APPELLATE AUTHORITY. THUS, WE UPHOLD THE IMPUGNED ORDER DATED 16.11.2012 AND DISMISS THE APPEAL FILED BY THE REVENUE. 7) AS REGARD TO CROSS-OBJECTION NO. 08(ASR)/2013, AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE REQUESTED TO WITHDRAW THE SAID 7 CROSS-OBJECTION AND THEREFORE, THE SAME IS DISMISSE D AS WITHDRAWN. HE HAS ENDORSED THE SAME IN THE GROUNDS OF CROSS-OBJEC TION. ACCORDINGLY, CROSS-OBJECTION NO. 08(ASR)/2013 IS DISMISSED. 8) IN THE RESULT I.T.A. NO. 69 (ASR)/2013 FILED B Y THE REVENUE AND CROSS-OBJECTION NO. 08(ASR)/2013 FILED BY THE ASSES SEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH MAY, 2013 SD/./- SD/./ (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 7 TH MAY, 2013 /RK/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE: SMT. NARINDER PAL KAUR, W/O- SH. AJI T SINGH, GURU KI WADALI, CHHEHARTA, AMRITSAR 2. INCOME TAX OFFICER, WARD- 3(3), AMRITSAR 3. THE CIT(A), AMRITSAR 4. THE CIT, AMRITSAR 5. THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.