SHRI JAGTAR SINGH, AMRITSAR V. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-III, AMRITSAR

ITA 11/ASR/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5369 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 22-08-2019
• Assessment Year: 2010-2011
• Appeal Filed On: 08-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M P SINGH
• Keywords: Set aside
• Section: 143(3); 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. B. R. BASKARAN, ACCOUNTANT MEMBER AND SH. N. K. CHOUDHRY, JUDICIAL MEMBER I.T.A. NO. 11/ASR/2018 A SSESSMENT YEAR: 2010-11 JAGTAR SINGH, 1082, GALI MURABBE WALI, HOLY MOTHER, ANTERYAMI SCHOOL, TARAN TARAN ROAD, AMRITSAR. [PAN: BBTPS 2697Q] VS. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-III, AMRITSAR (APPELLANT) (RESPONDENT) APPELLANT BY : SH. VINAMAR GUPTA (CA) RESPONDENT BY: SH. M. P. SINGH CIT-DR DATE OF HEARING: 22.08.2019 DATE OF PRONOUNCEMENT: 22.08.2019 ORDER PER B. R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 22-09-2017 PASSED BY LD CIT(A)-1, AMRITSAR CONFIRMING THE ADDI TION OF CASH DEPOSITS MADE INTO THE BANK ACCOUNT TO THE EXTENT OF RS.5,28,919/ -. 2. THE FACTS RELATING TO THE ISSUE ARE STATED IN BRIEF. THE ASSESSEE WAS INTERCEPTED BY RAILWAY POLICE AND IT WAS FOUND THAT THE ASSESSE E WAS CARRYING CASH OF RS.31.75 LAKHS AND JEWELLERY ITEMS WEIGHING 1010 GRAMS. CON SEQUENT THERETO, THE PRESENT ASSESSMENT WAS COMPLETED BY THE AO U/S 143(3) R.W.S 153A OF THE ACT. THE ASSESSING OFFICER ASSESSED THE AGGREGATE CASH DEPOS ITS OF RS.12.88 LAKHS MADE INTO ITA NO. 11/ASR/2018 (AY 2010-11) JAGTAR SINGH V. DY. CIT 2 THE BANK ACCOUNT AND GAVE CREDIT OF CASH WITHDRAWAL S OF RS.6.13 LAKHS. BEFORE LD CIT(A), THE ASSESSEE CONTENDED THAT THE CASH WITHDR AWALS OF RS.6.13 LAKHS COMPUTED BY THE AO WAS RELATED TO A PART OF THE YEA R ONLY, AS THE ASSESSEE COULD NOT FURNISH THE BANK STATEMENT OF ENTIRE YEAR. BEF ORE LD CIT(A), THE ASSESSEE FURNISHED BANK ACCOUNT STATEMENT OF THE ENTIRE YEAR . THE LD CIT(A) NOTICED THAT THE CASH WITHDRAWALS MADE BY THE ASSESSEE FOR THE P ERIOD FROM 01-10-2009 TO 31.3.2010 WAS RS.7,72,500/-. ACCORDINGLY HE DIRECT ED THE AO TO GIVE CREDIT OF RS.7.72 LAKHS IN THE PLACE OF RS.6.13 LAKHS. 3. THE CONTENTION OF THE ASSESSEE IS THAT BOTH THE TAX AUTHORITIES HAVE NOT CONSIDERED THE CASH WITHDRAWALS MADE DURING THE ENT IRE YEAR. WE FIND MERIT IN THE SAID SUBMISSIONS OF THE ASSESSEE. SINCE THE CONTEN TION OF THE ASSESSEE REQUIRES VERIFICATION, WE SET ASIDE THE ORDER PASSED BY LD C IT(A) ON THIS ISSUE AND RESTORE THE SAME TO THE FILE OF THE AO WITH THE DIRECTION T O COMPUTE THE CASH WITHDRAWALS MADE DURING THE WHOLE YEAR AND GIVE CREDIT OF THE S AME. WE ALSO DIRECT THE ASSESSEE TO FURNISH NECESSARY WORKINGS ALONG WITH T HE SUPPORTING DOCUMENTS IN SUPPORT HIS CONTENTIONS. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN CO URT ON AUGUST 22, 2019 SD/- SD/- (N. K. CHOUDHRY) (B. R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 22.08.2019 /GP/SR. PS. COPY OF THE ORDER FORWARDED TO: (1) THE APPELLANT: (2) THE RESPONDENT: (3) THE CIT(APPEALS) ITA NO. 11/ASR/2018 (AY 2010-11) JAGTAR SINGH V. DY. CIT 3 (4) THE CIT CONCERNED (5) THE SR. DR, I.T.A.T TRUE COPY BY ORDER