Girish Rathi, Hyderabad V. Income Tax Officer, Ward-10(2), Hyderabad

ITA 1136/Hyd/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5297 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-05-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2013-2014
• Appeal Filed On: 31-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SANJAY ANAM SIDDIQUE
• Keywords: Unexplained cash credit
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES : BENCH B HYDERABAD (THROUGH VIDEO CONFERENCE ) BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER I.T.A. NO. 1136 /HYD./201 8 ASSESSMENT YEAR : 2013 - 14 SHRI GIRISH RATHI . VS. ITO, WARD 10(2) HYDERABAD HYDERABAD [PAN: A EJ PR 8814C ] (APPELLANT) (RESPONDENT) FOR ASSESSEE: SRI SANJAY ANAM SIDDIQUE, AR FOR REVENUE: S HRI ROHIT MUJUMDAR , D.R. DATE OF HEARING : 22/02/2021 DATE OF PRONOUNCEMENT : 04 /05/2021 O R D E R PER S.S. GODARA, J.M. THIS ASSESSEES APPEAL FOR AY 2013 - 14 IS DIRECTED AGAINST THE CIT (A) - 6, HYDERABADS ORDER DATED 05.03.2O18 IN CASE NO. 0022 /2016 - 17 U/S 14 4 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). HEARD BOTH PARTIES. CASE FILE PERUSED. 2. THE A SSESSEES TWIN SUBSTANTIVE GROUNDS CHALLENGE CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION INTER ALIA ADDING UNEXPLAINED CASH CREDITS/ DEPOSITS OF RS.1 , 42 , 33 , 000 / - IN HIS PERSONAL ACCOUNT FOLLOWED BY AGRICULTURAL INCOME OF RS2,74,200/ - ; RESPECTIVELY. LEARNED COUNSEL IS FAIR ENOUGH IN NOT PRESSING FOR ASSESSEES LATTER SUBSTANTIVE GROUND HEREINABOVE KEEPING IN MIND THE SMALLNESS OF AMOUNT INVOLVED. THE SAME IS THEREFORE REJECTED IN ABOVE TERMS. 3. COMING TO THE SOLE SURVIVING ISSUE OF CORRECTNESS OF UNEXPLAIN ED CASH CREDIT/DEPOSIT S ADDITION OF RS . 1 , 42 , 33 ,000/ - MADE IN BOTH THE LOWER PROCEEDINGS ON ACCOUNT OF THIS TAXPAYERS ALLEGED FAILURE IN PROVING SOURCE THEREOF; MR.SIDDIQUE HAS FILED A COPY OF JUDGEMENT DATED 23 RD DECEMBER, 2019 FROM THE C OURT OF XII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE HYDERABAD IN C.C. NO.262/2015 AGAINST THIS ASSESSEE WHEREIN THE COMPLAINANT HAS LODGED A COMPLAINT AGAINST HIM ALLEGEDLY STATING THAT HER AMOUNT OF RS1.5 CRORES HAD BEEN WRONGLY RECEIVED ON THE PRETEXT OF MAK ING INVESTMENTS. THE SAID JUDGEMENT HAS ACQUITTED THE ASSESSEE OF CHARGES FRAMED U/S 406 , 409 AND 420 IPC. 3.1. LEARNED COUNSELS CASE IN LIGHT OF FOREGOING JUDGEMENT IS THAT THE ABOVE CRIMINAL PROCEEDINGS SUFFICIENTLY DISCHARGE THE ASSESSEES ONU S OF PROVING THE SOURCE OF THE SUM IN QUESTION FROM THE SAID COMPLAINANT ONLY. THE R EVENUES STRONG STAND IN SUPPORT OF THE IMPUGNED ADDITION IS THAT THE ABOVE JUDGEMENT HAS COME MUCH AFTER THE CIT(A)S ORDER DATED 5 TH MARCH , 2018. 4. WE HAVE GIVEN OUR THOUGHTFUL CONSIDERATION TO THE FOREGOING RIVAL CONTENTIONS AGAINST AND IN SUPPORT OF THE IMPUGNED ADDITION. WE ARE OF THE OPINION THAT THE INSTANT ISSUE REQUIRES A FRESH ADJUDICATION AT THE ASSESSING OFFICERS END KEEPING IN MIND THE ABOVESTATED JUDGEME NT IN CRIMINAL C OURT . WE THUS RESTORE THIS SOLE SURVIVING ISSUE BACK TO THE ASSESSING AUTHORITY. THE ASSESSEE OR HIS AUTHORISED REPRESENTATIVE SHALL APPEAR BEFORE THE A SSESSING OFFICER ON OR BEFORE 31 ST AUGUST, 2021 WITH ALL THE RELEVANT EVIDENCE; AT HIS OWN RISK AND RESPON SIBILITY TO BE FOLLOWED BY THREE EFFECTIVE OPPORTUNITIES OF HEARING. THIS ASSESSEES APPEAL IS ACCEPTED FOR STATISTICAL PURPOSES IN ABOVE TERMS. PRONOUNCED IN OPEN COURT ON 04 TH MAY, 2021. SD/ - SD/ - (L.P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: THE 04 TH MAY, 2021. * GMV COPY OF THE ORDER FORWARDED TO: 1. SRI GIRISH RATHI, PLOT NOA - 23, KHAR GANDHI HOUSE, VIKRAMPURI COLONY, SECUNDERABAD , TELANGANA. 2. ITO, WARD 10(2), HYD ERA BAD. 3 . ACIT, RANGE 10, HYDERABAAD . 4 . CIT(A) - 6, HYDERABAD. 5. PR. CIT - 6, HYDERABAD. 6. DR, ITAT, HYDERABAD. 7 . GUARD FILE.