SHRI RAI SINGH SENDHAV, Dewas V. THE ITO, Dewas

ITA 100/IND/2015

• Counselvise Citation: 10022714 RSA 2015
• Duration Of Justice: 9 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 18-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: C P RAWKA
• Section: 69

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE (SINGLE MEMBER CASE) BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER I.T.A.NO. 100/IND/2015 A.Y. : 2008-09 SHRI RAI SINGH SENDHAV, ITO, DEWAS DEWAS VS. APPELLANT RESPONDENT PAN NO. AABFP4175C A PPELLANT BY : SHRI C.P.RAWKA, C. A. RESPONDENT BY : SHRI R. A. VERMA, DR O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A), UJJAIN, DATED 29.12.2014 FOR THE ASSESSM ENT YEAR 2008-09. 2. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE H AS FILED THE RETURN OF INCOME DECLARING TOTAL INCOME O F RS. DATE OF HEARING : 15 .12. 2015 . DATE OF PRONOUNCEMENT : 15 . 1 2 .2015 SHRI RAISINGH SENDHAV, DEWAS VS. ITO, DEWAS, I.T.A.NO. 100/IND/2015 A.Y.2008-09. 2 2 1,09,530/- AND AGRICULTURAL INCOME OF RS. 1,50,000/ -. THE AO MADE ADDITION OF RS. 11.50 LAKHS ON ACCOUNT OF UNDI SCLOSED INVESTMENT U/S 69 OF THE INCOME-TAX ACT, 1961, RS. 19,206/- ON ACCOUNT OF ACCRUED INTEREST IN SAVING BANK ACCOU NT, RS. 48,868/- ON ACCOUNT OF ACCRUED INTEREST ON FDR OF R S. 9,00,000/- AND RS. 1,55,167/- ON ACCOUNT OF ACCRUED INTEREST ON FDR OF RS. 20,00,000/-. THEREFORE, THE ASSESSEE IS IN APPEAL BEFORE ME. 3. THE MATTER CARRIED TO THE LD. CIT(A) AND THE LD. C IT(A) DISMISSED THE APPEAL. 4. I HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PART IES. LOOKING TO THE FACTS AND CIRCUMSTANCES OF THE CASE, I FIND THAT A SUM OF RS. 4,00,000/- TOWARDS ADVANCE WAS RECEIVE D ON 21.5.2007 FROM ONE SHRI AJAB SINGH THAKUR. I ALSO F IND THAT AN AMOUNT OF RS.7.50 LAKHS WAS RECEIVED ON 28.6.200 7 TOWARDS SALE OF AGRICULTURE LAND FROM SHRI CHANDER SINGH. THE ASSESSEE HAS SUBMITTED I. D. PROOF LETTER, COPY OF THE BANK ACCOUNT, BUT THE AO HAS NOT ACCEPTED IT AND MADE TH E ADDITION. THE AO EXAMINED THE MATTER AFRESH. THE L D. AUTHORIZED REPRESENTATIVE SUBMITTED THAT IN RESPECT OF RS. SHRI RAISINGH SENDHAV, DEWAS VS. ITO, DEWAS, I.T.A.NO. 100/IND/2015 A.Y.2008-09. 3 3 7.509 LAKHS, THE AO AND THE LD. CIT(A) HAVE NOT ACC EPTED THE AGREEMENT EXECUTED BY THE ASSESSEE WITH SHRI CHANDA R SINGH, UNDER THE LETTER INTENDED TO PURCHASE ASSESSEES LA ND FOR CONSIDERATION OF RS. 14,75,000/- AND THE IDENTITY A ND CREDITWORTHINESS OF SHRI CHANDAR SINGH WAS NOT ES TABLISHED. THE ASSESSEE DID NOT RUN THE BUSINESS. THE ASSESSEE HAS ONLY AGRICULTURAL INCOME. THEREFORE, THE ASSESSEE IS FOL LOWING CASH SYSTEM. THEREFORE, NO ADDITION IS REQUIRED. I FIND THAT THE AO HAS SIMPLY WITHOUT VERIFYING THE RECORD HAS MADE TH E ADDITION. THEREFORE, IN THE INTEREST OF JUSTICE AND FAIR PLAY , I RESTORE THIS MATTER TO THE AO WITH THE DIRECTION THAT HE SHALL V ERIFY ALL THE DOCUMENTS, WHICH WERE SUBMITTED BY THE ASSESSEE AND THE AO IS FURTHER DIRECTED TO GIVE PROPER OPPORTUNITY TO P ROVE THE SAME AND IF THE AO, IS NOT SATISFIED, HE SHOULD EXA MINE ALL THE PERSONS AND DECIDE THE MATTER AFRESH AS PER LAW. TH E ASSESSEE IS DIRECTED TO BE PRESENT BEFORE THE AO WITHIN TWO MONTHS FROM THE DATE OF RECEIPT OF THIS ORDER. SHRI RAISINGH SENDHAV, DEWAS VS. ITO, DEWAS, I.T.A.NO. 100/IND/2015 A.Y.2008-09. 4 4 5. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICA L PURPOSES. THIS ORDER HAS BEEN PRONOUNCED IN THE OP EN COURT ON 15TH DECEMBER, 2015. SD/- ( D.T.GARASIA) JUDICIAL MEMBER DATED : 15 TH DECEMBER, 2015. CPU*