Mahadev Subhash Bhatt, Navi Mumbai V. Income-tax Officer, Ward - 1, Panvel

ITA 1104/PUN/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7749 (ITAT-PUNE)
• Duration Of Justice: 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 18-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: IN PERSON

Judgement Text

- IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI VIKAS AWASTHY, JM . / ITA NO . 1 104 /P U N/201 8 / ASSESSMENT YEAR : 20 09 - 10 MAHADEV SUBHASH BHATT B 201, VASUNDHARA CHS, SECTOR 8, KHARGHAR, NAVI MUMBAI 410210 PAN : A DWPB2065R ....... / APPELLANT / V/S. INCOME TAX OFFICER , WARD - 1, PANVEL / RESPONDENT ASSESSEE BY : IN PERSON REVENUE BY : S HRI RAJESH GAWALI / DATE OF HEARING : 0 9 - 01 - 2019 / DATE OF PRONOUNCEMENT : 15 - 01 - 2019 / ORDER PER VIKAS AWASTHY, JM : TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 2 , PUNE DATED 05 - 12 - 201 7 FOR THE ASSESSMENT YEAR 2009 - 10. 2 ITA NO .1 104 /PUN/2018, A.Y. 2009 - 10 2. SHRI MAHADEV SUBHASH BHATT , ASSESSEE APPEARING IN PERSON SUBMITTED THAT THE ADDITION HAS BEEN MADE BY THE ASSESSING OFFICER ON THE GROUND THAT THE ASSESSEE HAS FAILED TO FURNISH DOCUMENTARY EVIDENCE TO SHOW GENUINENESS OF AGRICULTURAL ACTIVITIES CARRIED OUT BY THE ASSESSEE. THE ASSESSEE HAS ALL THE RELEVANT DOCUMENTS IN HIS POSSESSION TO PROVE THAT THE AGRICULTURAL ACTIVITIES WERE IN FACT CARRIED OUT . THE COMMISSIONER OF INCOME TAX (APPEALS) CONFIRMED THE FINDING OF TH E ASSESSING OFFICER. 3. ON THE OTHER HAND, SHRI RAJESH GAWALI REPRESENTING THE DEPARTMENT VEHEMENTLY DEFENDED THE IMPUGNED ORDER OF COMMISSIONER OF INCOME TAX (APPEALS). THE LD. DR SUBMITTED THAT THE ASSESSEE HAS FAILED TO SUBSTANTIATE BEFORE THE ASSESSI NG OFFICER , AS WELL AS , THE COMMISSIONER OF INCOME TAX (APPEALS) GENUINENESS OF AGRICULTURAL ACTIVITIES UNDERTAKEN AND THE INCOME ARISING THEREFROM. 4. BOTH SIDES HEARD . O RDERS OF AUTHORITIES BELOW PERUSED . THE SOLITARY ISSUE RAISED IN THE APPEAL IS AGAINST THE ADDITION OF 2 5 LAKHS U/S 69A OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) . THE CONTENTION OF ASSESSEE IS THAT THE CASH AMOUNT 15,00,000/ - WAS DEPOSITED IN THE BANK FROM INCOME FROM AGRICULTURE OPERATIONS . THE ASSESSEE HAS CONTENDED THAT HE HAS NECESSARY RELEVANT DOCUMENTS TO PROVE GENUINENESS OF AGRICULTURAL ACTIVITIES CARRIED OUT AND THE INCOME EARNED THEREFROM. TAKING INTO CONSIDERATION THE ENTIRE FACTS, WE ARE OF THE CONSIDERED VIEW THAT THE ISSUE NEEDS RE - VISIT TO THE FILE OF ASSESSING OFFICER. THE ASSESSEE IS DIRECTED TO F URNISH ALL THE RELEVANT DOCUMENTS IN HIS POSSESSION TO SHOW THAT THE AGRICULTURAL ACTIVITIES WERE IN FACT CARRIED OUT 3 ITA NO .1 104 /PUN/2018, A.Y. 2009 - 10 BY THE ASSESSEE AND THE INC OME EARNED THEREFROM WAS DEPOSITED IN THE BANK ACCOUNT. THE ASSESSING OFFICER WHILE DECIDING THE ISSUE DE NOVO SHALL GRANT REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE AND SHALL ALSO CONSIDER THE DOCUMENTS FURNISHED BY THE ASSESSEE IN SUPPORT OF HIS CONTENTIONS , IN ACCORDANCE WITH LAW . THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE ON THE TERMS AFORESAID. 5 . IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON T U E S D A Y , THE 1 5 T H DAY OF JANUARY, 2019 . SD/ - SD/ - ( R.S. SYAL ) (VIKAS AWASTHY) VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 1 5 T H JANUARY, 2019 GCVSR / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 2 , PUNE 4. THE PR. COMMISSIONER OF INCOME TAX - 2 , THANE 5. , , - , / DR, ITAT, SMC BENCH, PUNE. 6. / GUARD FILE. / / / BY ORDER, // // TRUE COPY// / SR. PRIVATE SECRETARY , / ITAT, PUNE