Mukesh Ganpat Pednekar, Raigad V. Income-tax Officer, Ward - 3, Panvel

ITA 1154/PUN/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4954 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 13-08-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 28-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VISHWAS MUNDHE
• Keywords: Additional evidence; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL , VICE PRESIDENT . / ITA NO. 1154 /PUN/20 18 / ASSESSMENT YEAR : 2014 - 15 MUKESH GANPAT PEDNEKAR, 01 SASAWANE, SASAWANE ALIBAG, RAIGAD - 402201 PAN : AGQPP1148J ....... / APPELLANT / V/S. THE INCOME TAX OFFICER, WARD - 3, PANVEL / RESPONDENT A SSESSEE BY : SHRI PRAMOD SHINGTE REVENUE BY : SHRI VISHWAS MUNDHE / DATE OF HEARING : 13 .0 8 .2019 / DATE OF PRONOUNCEMENT : 13 .08 .2019 / ORDER PER R.S. SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) - 2 , PUNE ON 27.04.2018 IN RELATION TO THE ASSESSMENT YEAR 2014 - 15 . 2. THE ONLY ISSUE TAKEN BY THE ASSESSEE IS AGAINST THE CONFIRMATION OF ADDITION OF RS.19,30,000/ - , BEING , CASH DEPOSIT MADE IN THE SAVINGS BANK ACCOUNT. 3. BRIEFLY STATED , FACTS OF TH E CASE ARE THAT THE ASSESSEE DEPOSITED RS.16,00,000/ - IN HIS BANK ACCOUNT MAINTAINED WITH 2 ITA NO. 1154 /PUN/20 18 A.Y. 2014 - 15 SARASWAT COOP. BANK, GOREGAON, MUMBAI ON 02.08.2013 AND RS.3,30,000/ - ON 03.08.2013. THE ASSESSEE WAS ASKED TO EXPLAIN THE SOURCE OF SAID CASH DEPOSITS , WHICH HE FAILED TO DO . AT THE ASSESSMENT STAGE, IT WAS CONTENTED THAT PART OF CASH DEPOSITS WE RE OUT OF SALE OF ANCESTRAL GOLD ORNAMENTS OF HIS FAMILY. IN THE ABSENCE OF THE ASSESSEE SUBMITTING ANY SALE BILLS OF THE GOLD ORNAMENTS , THE ASSESSING OFFICER MADE ADDITION OF RS.19,30,000/ - . 4. THE ASSESSEE FURNISHED PROOF OF SALE OF ORNAMENTS BEFORE THE LD. CIT(APPEALS) , WHO , AFTER CONSIDERING THE REMAND REPORT , CONFIRMED THE ADDITION. THE ASSESSEE IS AGGRIEVED BY THE CONFIRMATION OF THE ADDITION. 5. I HAVE HEARD BOTH THE SIDES AND PERUSED THE RELEVANT MATERIAL ON RECORD. A C OPY OF REMAND REPORT HAS BEEN PLACED AT PAGE S 19 & 20 OF THE PAPER BOOK. THE ASSESSING OFFICER HAS RECORDED IN THE REMAND REPORT THAT NO SOURCE OF CASH DEPOSIT WAS ADDUCE D AT THE ASSESSMENT STAGE AND FILING OF THE ADDITIONAL EVIDENCE BEFORE THE LD. CIT(A) IN THE S HAPE OF SOME BILLS OF JEWELLE RY AND ORNAM ENTS , WAS AN AFTERTHOUGHT. IT IS SEEN THAT THOUGH THE ASSESSEE FURNISHED BILLS OF GOLD ORNAMENTS BUT THE ASSESSING OFFICER SIMPLY REJECTED SUCH BILLS DURING REMAND PROCEEDINGS WITHOUT EXAMINING THEIR AUTHENTICITY. IN MY CONSIDERED OPINION, ENDS OF JUSTICE W OULD ADEQUATELY MEET IF THE 3 ITA NO. 1154 /PUN/20 18 A.Y. 2014 - 15 IMPUGNED ORDER IS SET ASIDE AND THE MATTER IS REMITTED TO THE FILE OF ASSESSING OFFICER FOR FRESH ADJUDICATION. I ORDER ACCORDINGLY. THE LD. AR AGREED WITH T HE PROPOSAL OF THE LD. DR TO GET THE ISSUE EXAMINED AFRESH FROM THE AO . THE ASSESSING OFFICER IS DIRECTED TO DECIDE THE ISSUE AFTER PROVIDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE IN ACCORDANCE WITH LAW. IN SUCH PROCEEDINGS, T HE ASSESSEE WILL BE AT LIBERTY TO ADDUCE ANY RELEVANT EVIDENCE IN SUPPORT OF HIS CASE. 6 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRO NOUNCED ON 13 TH DAY OF AUGUST , 201 9 . SD/ - R . S . SYAL / VICE - PRESIDENT / PUNE; / DATED : 13 TH AUGUST , 201 9 . SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS) - 2, PUNE. 4. THE PR. CIT - 2, THANE. 5. , , - , / DR, ITAT, SMC BENCH, PUNE. 6. / GUARD FILE. // TRUE COPY // / BY ORDER, / PRIVATE SECRETARY , / ITAT, PUNE . 4 ITA NO. 1154 /PUN/20 18 A.Y. 2014 - 15 * DATE 1 DRAFT DICTATED ON 13.08 .201 9 SR. PS/PS 2 DRAFT PLACED BEFORE AUTHOR 13.08 .2019 SR. PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR. PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR. PS/PS 7 DATE OF UPLOADING OF ORDER SR. PS/PS 8 FILE SENT TO BENCH CLERK SR. PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 5 ITA NO. 1154 /PUN/20 18 A.Y. 2014 - 15 11 DATE OF DISPATCH OF ORDER