ITO, Ward - 2(1), Midnapore, Paschim Medinipur V. Mr. Nirmal Kumar Dey, Paschim Medinipur

ITA 1103/KOL/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 54774 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 22-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N DUTTA GUPTA
• Keywords: Assessment record
• Section: 148

Judgement Text

, ' , , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA ( ) . . , , , , , , ) [BEFORE SRI S.V. MEHROTRA, A.M. & SRI MAHAVIR SING H, J.M.] ! ! ! ! / I.T.A NO. 1103/KOL/2011 ASSESSMENT YEAR : 2005-2006 INCOME TAX OFFICER, WARD-2(1), MIDNAPORE -VS.- MR. NIRMAL KUMAR DEY, PASCHIM MIDNAPORE (PAN : AIGPD 0035 N) ( '# /APPELLANT ) ( $%'# / RESPONDENT ) FOR THE APPELLANT ( '# ) : SHRI N. DUTTA GUPTA, D.R. FOR THE RESPONDENT ( $%'# ) : N O N E &' ( ) * &' ( ) * &' ( ) * &' ( ) * /DATE OF HEARING : 30.12.2011 +, ) * +, ) * +, ) * +, ) * /DATE OF PRONOUNCEMENT : 30.12.2011 - / ORDER PER SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER/ . . , :- THIS APPEAL FILED BY THE REVENUE IS AGAINST THE OR DER OF LD. COMMISSIONER OF INCOME- TAX (APPEALS)-XXXVI, KOLKATA DATED 02.06.2011 FOR T HE ASSESSMENT YEAR 2005-06. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN THE CASE WAS CALLED FOR HEARING. WE, THEREFORE, DECIDED TO DISPOSE OF THE APPEAL AFTER H EARING THE LD. D.R. AND THE MATERIAL AVAILABLE ON RECORD. 3. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IN THE RELEVANT ASSESSMENT YEAR CARRIED ON THE BUSINESS OF TRADING IN RICE AND PADDY. HE HAD F ILED HIS RETURN OF INCOME DECLARING TOTAL INCOME AT RS.1,01,760/-. FROM THE AIR INFORMATION, IT WAS NOTICED THAT THE ASSESSEE DEPOSITED IN HIS SAVINGS BANK A/C. AGGREGATING TO RS.53,34,90 0/- ON 31.03.2005 WITH UNITED BANK OF INDIA. HOWEVER, THE ASSESSEE HAD SHOWN RS.20,35,200 /- AS GROSS TURNOVER IN HIS COMPUTATION OF TAX STATEMENT. THEREFORE, ASSESSING OFFICER ISSUED NOTICE UNDER SECTION 148 OF THE ACT. BEFORE ITA NO. 1103/KOL./2011 2 THE ASSESSING OFFICER, THE ASSESSEE HAD FILED A PEA K STATEMENT WITH BANK OF INDIA, BARAMPURA BRANCH, WHEREIN DEPOSIT WAS OF RS.2,50,000/-. THIS WAS CONFIRMED BY THE BANK. THEREFORE, THE ASSESSING OFFICER MADE AN ADDITION OF RS.50,84,900/ - BEING THE DIFFERENCE BETWEEN THE TOTAL DEPOSITS AS PER AIR INFORMATION AND AS PER THE DEPO SITS IN BANK OF INDIA. BEFORE LD. CIT(APPEALS), IT WAS, INTER ALIA SUBMITTED THAT THE BANK AUTHORITIES ON BEING REQUISITIONED BY THE ASSESSING OFFICER SUBMITTED THE DETAILED INFORM ATION WHEREIN DEPOSIT OF RS.53,34,900/- WAS DENIED. IT WAS POINTED OUT THAT THE TOTAL CREDI T ENTRY DURING THE PERIOD 1.4.2004 TO 31.3.2005 WAS RS.2,52,197/-. NO OTHER TRANSACTION W AS MADE IN THE SAID SAVING ACCOUNT NO. 101 OF UBI, BARAMPURA BRANCH. LD. CIT(APPEALS) DELETED THE ADDITION AT PARA 5 OF HIS IMPUGNED ORDER OBSERVING AS UNDER :- 5. I HAVE DULY CONSIDERED THE SUBMISSION OF THE A R OF THE APPELLANT AND ALSO SEEN THE ASSESSMENT RECORDS. THE AO REOPENED THE ASSESSMENT U/S. 147 OF THE ACT ON THE BASIS OF AIR INFORMATION THAT THE APPELLANT HAD MADE TOTAL CASH DEPOSITS OF RS.53,34,900/- IN HIS SB A/C WITH UBI BANK. DURING THE ASSESSMENT PROCEEDINGS, T HE APPELLANT CONTENDED THAT HE HAD MADE TOTAL CASH DEPOSITS OF RS.2,50,000/- IN HIS SB A/C. NO. 101, MAINTAINED WITH UBI, BARAMPURA BRANCH IN THE RELEVANT FINANCIAL YEAR AND SUBMITTED A COPY OF THE BANK STATEMENT. THEREAFTER, THE AO REQUISITIONED INFORMATION FROM THE MANAGER O F THE BANK, WHO, VIDE LETTER DATED 08/12/2010 STATED THAT THE APPELLANT HAD DEPOSITED CASH TOTALING TO RS.2,50,000/- IN THE RELEVANT FINANCIAL YEAR. IT ALSO APPEARS FROM THE R ECORD THAT THE AO WROTE ANOTHER LETTER TO THE REGIONAL MANAGER, UBI, ON 20/12/2011, ASKING FOR TH E STATUS OF ALLEGED DEPOSIT OF RS.53,34,900/- IN THE BANK ACCOUNT OF THE APPELLANT MAINTAINED WITH THE UBI. IN RESPONSE TO THAT LETTER, THE BRANCH MANAGER, UBI, BARAMPURA BRA NCH, VIDE HIS LETTER DATED 03/01/2011, REITERATED THAT - WE AGAIN VERIFIED THE TRANSACTIO N OF SAID A/C AT OUR END BUT WE HAVE NO SUCH TRANSACTION AIR DATA RS.53,34,900/- AT OUR END. AGA IN WE ARE SENDING THE TRANSACTION REPORT OF SAID A/C FOR THE YEAR 2004-05 ... HOWEVER, BEFO RE RECEIPT OF THIS LETTER, THE AO COMPLETED THE ASSESSMENT DUE TO LIMITATION OF TIME, ON AN ADD ITION OF RS.50,84,900/-, BEING THE DIFFERENCE OF RS.53,34,900/- AND RS.2,50,000/-, IN SPITE OF BA NKS CONFIRMATION THAT THE APPELLANT HAD NOT MADE ANY EXCESS DEPOSIT THAN DISCLOSED IN HIS DISCL OSED BANK ACCOUNT. THUS, THE AO MADE THE ADDITION WITHOUT EVEN ESTABLISHING THAT EXCESS DEPO SITS WERE MADE IN THE BANK ACCOUNT OF THE APPELLANT. IN VIEW OF SUCH, THE ADDITION OF RS.50,8 4,900/- MADE BY THE AO IS NOT MAINTAINABLE AND THEREFORE, DELETED. FROM THE ABOVE OBSERVATIONS OF LD. CIT(APPEALS), IT IS EVIDENT THAT THE BRANCH MANAGER OF UBI VIDE HIS LETTER DATED 03.01.2011 CONFIRMED AS UNDER :- ..WE AGAIN VERIFIED THE TRANSACTION OF SAID A/C. AT OUR END BUT WE HAVE NO SUCH TRANSACTION AIR DATA RS.53,34,900/- AT OUR END. AGAIN WE ARE SENDING THE TRANSACTION REPORT OF SAID A/C. FOR THE YEAR 2004- 05. ITA NO. 1103/KOL./2011 3 4. HAVING HEARD THE LD. D.R. AND PERUSED THE MATERI AL AVAILABLE ON RECORD, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF LD. CIT(APPEALS) AND UPHOLD HIS ORDER AND REJECT THE GROUNDS OF APPEAL TAKEN BY THE REVENUE. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. . / . / . / . / 0 1 0 1 0 1 0 1 .2 .2 .2 .2 3 3 3 3 2 2 2 2 45 4545 45 ORDER PRONOUNCED IN THE OPEN COURT ON 30/ 12 /2011. & 6 7 - 30/12/2011. SD/- SD/- [ MAHAVIR SINGH / ] [S.V. MEHROTRA/ ( . . )] JUDICIAL MEMBER/ ACCOUNTANT MEMBER/ DATED : 30/ 12/ 2011 COPY OF THE ORDER FORWARDED TO: 1. SHRI NIRMAL KUMAR DEY, SOLEPATTA, P.O. SUGU, P.S. D ANTAN, PASACHIM MIDNAPORE. 2 ITO, WARD-2(1), PASACHIM MIDNAPORE 3. COMMISSIONER OF INCOME-TAX (APPEALS)- , KOLKATA 4. CIT- , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA (TRUE COPY) BY ORDER ASSISTANT REGISTRAR, I.T.A.T., KOLKATA LAHA, SR. P.S.