Smt. Savitaben Arvindbhai Patel, Surat V. The Income tax Officer,Ward-2(2), Surat

ITA 107/AHD/2014

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8874 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 22-03-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 13-01-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD , , BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NO.107/AHD/2014 ( / ASSESSMENT YEAR : 2010-11) SAVITABEN ARVINDBHAI PATEL NO.17, APSARA IND SOCIETY UDHNA MAGDALLA ROAD SURAT 395 007 / VS. THE ITO WD-2(2) SURAT # ./ ./ PAN/GIR NO. : ABGPP 5099 M ( #& / APPELLANT ) .. ( '#& / RESPONDENT ) #&( / APPELLANT BY : SHRI RUSHI PAREKH, CA '#& )( / RESPONDENT BY : SUMIT KUMAR VERMA, SR.DR *+ ), / DATE OF HEARING 22/03/2017 -./0 ), / DATE OF PRONOUNCEMENT 24/ 03 /2017 / O R D E R PER PRADIP KUMAR KEDIA, AM: THE CAPTIONED APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS)-II, SURA T, [CIT(A) IN SHORT] DATED 12/12/2013 FOR THE ASSESSMENT YEAR (AY) 2010-11. ITA NO.107/AHD/ 2014 SAVITABEN ARVINDBHAI PATEL VS. ITO ASST.YEAR 2010-11 - 2 - 2. THE SOLITARY GRIEVANCE OF THE ASSESSEE IN THE P RESENT APPEAL TOWARDS ADDITION OF RS.4,50,000/- ON ACCOUNT OF UNE XPLAINED CASH DEPOSITS. 3. AT THE OUTSET, THE LD.AR MR.RUSHI PAREKH, IN TH E COURSE OF HEARING, SUBMITTED THAT THE AUTHORITIES BELOW HAVE MISCONSTRUED THE FACTS CONCERNING THE CASH DEPOSITS. THE LD.AR REFERRED T O THE BANK STATEMENT OF THE ASSESSEE MAINTAINED WITH UNJHA NAGARIK SAHAK ARI BANK LTD. AND SUBMITTED THAT THE ASSESSEE HAS WITHDRAWN RS.8,55,0 00/- FROM THE BANK ON 20/08/2008 WHICH WAS LYING AT THE DISPOSAL OF TH E ASSESSEE. THE IMPUGNED CASH DEPOSITS DURING THE FY 2009-10 HAVE B EEN SOURCED OUT OF THE AFORESAID CASH WITHDRAWAL. 4. THE LD.DR, ON THE OTHER HAND, SUBMITTED THAT THE ASSESSEE FAILED TO PRODUCE ANY EVIDENCE TO SUPPORT THE CASH DEPOSITS M ADE DURING THE YEAR AND THEREFORE THE ACTION OF THE CIT(A) CANNOT BE FA ULTED. 5. HEAD BOTH THE SIDES. ON EXAMINATION OF THE BANK STATEMENT, WE FIND THAT WITHDRAWAL OF RS.8,55,000/- HAS BEEN SHOW N BY THE ASSESSEE. THE PROBABILITY OF CASH WITHDRAWN EARLIER LYING WIT H THE ASSESSEE AND CASH DEPOSITS OUT OF THE AFORESAID CASH WITHDRAWAL CANNOT BE TOTALLY BRUSHED ASIDE. THOUGH SOME DOUBTFUL AND DISQUIETIN G CIRCUMSTANCES EXIST IN THE SOURCES EXPLAINED TOWARDS CASH DEPOSI TS, WE ARE INCLINED TO ITA NO.107/AHD/ 2014 SAVITABEN ARVINDBHAI PATEL VS. ITO ASST.YEAR 2010-11 - 3 - GRANT BENEFIT OF DOUBT TO THE ASSESSEE. THE ASSESSE E WILL BE ENTITLED TO BENEFIT OF DOUBT. CONSEQUENTLY, THE ADDITION TOWAR DS UNEXPLAINED CASH DEPOSITS OF RS.4,50,000/- STANDS DELETED. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . THIS ORDER PRONOUNCED IN OPEN COURT ON 24 / 0 3 /201 7 SD/- SD/- ( ) ( ) ( MAHAVIR PRASAD ) ( PRADIP KUMAR KEDIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 24/ 03 /2017 4..*,.*../ T.C. NAIR, SR. PS !'#$#! / COPY OF THE ORDER FORWARDED TO : 1. #& / THE APPELLANT 2. '#& / THE RESPONDENT. 3. 567, 8, / CONCERNED CIT 4. 8, ( ) / THE CIT(A)-II, SURAT 5. 9:;,*67 , 67 0 , 5 / DR, ITAT, AHMEDABAD 6. ;<+ / GUARD FILE. / BY ORDER, '9,, //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 23.3.17 (DICTATION-PAD 4- PAGES ATTACHED AT THE END OF THIS APPEAL-FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 23.3.17 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.24.3.17 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 24.3.17 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER