Vilasrao G. Patil L/h of Late Rajesh Patil , Satara V. Income-tax Officer, Ward - 5, Satara

ITA 1189/PUN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9423 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-08-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 07-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ARISES OUT OF DATED PASSED
• Section: 201; 69A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC , PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI , JUDICIAL MEMBER I TA NO. 1189 /PUN/201 9 / ASSESSMENT YEAR : 20 1 0 - 1 1 SHRI VILASRAO GOVIND PATIL LEGAL HEIR OF LATE RAJESH VILAS PATIL 262/1, MANGALWAR PETH, TAL - KARAD, SATARA. PAN : A IVPP5509N VS. ITO, WARD - 5 , SATARA APPELLANT RESPONDENT / ORDER PER R.S.SYAL, VP : TH IS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER DATED 26 - 06 - 2019 PASSED BY THE CIT(A) - 4, PUNE IN RELATION TO THE ASSESSMENT YEAR 20 1 0 - 1 1 . 2. THE ONLY ISSUE RAISED IN THE APPEAL IS AGAINST THE CONFIRMATION OF ADDITION OF RS.3,00,000 MADE U/S 69A OF THE INCOME - TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). 3. SUCCINCTLY, THE FACTS OF THE CASE ARE THAT THE ASSESSEE MADE CERTAIN DEPOSITS IN HIS BANK ACCOUNT , THE DETAILS OF WHICH W ERE NOT FORTHCOMING. DURING THE CO URSE OF ASSESSMENT PROCEEDINGS, THE A SSESSEE BY NONE RE VENUE BY SMT. SHABANA PARVEEN DATE OF HEARING 18 - 0 8 - 2020 DATE OF PRONOUNCEMENT 18 - 0 8 - 2020 ITA NO . 1189 /PUN/ 201 9 VILASRAO G PATIL 2 ASSESSEE SUBMITTED DATE - WISE EXPLANATIONS ABOUT THE CASH DEPOSITS. THE ASSESSING OFFICER (AO) ACCEPTED ALL OTHER TRANSACTIONS EXCEPT A SUM OF RS.3,00,000 , FOR WHICH NO DOCUMENTARY EVIDENCE WAS AVAILABLE. THIS ADDITION OF RS.3,00,000 MADE U/S 69A OF THE ACT CAME TO BE AFFIRMED IN THE FIRST APPEAL. 4. WE HAVE HEARD THE LD. DR THROUGH VIRTUAL COURT AND GONE THROUGH THE RELEVANT MATERIAL ON RECORD. THERE IS NO APPEARANCE FROM THE SIDE OF THE ASSESSEE. THE CASE WAS INITIAL LY FIXED FOR HEARING ON 07 - 10 - 2019 AND THE ASSESSEE REMAINED UP - REPRESENTED. THE MATTER HAS BEEN ADJOURNED FROM TIME TO TIME WHERE THE ASSESSEE CHOSE NOT TO BE PRESENT IN THE PROCEEDINGS BEFORE THE TRIBUNAL. TODAY , WE ARE , THEREFORE, TAKING UP THE APPEAL FOR DISPOSAL ON MERITS EX - PARTE QUA THE ASSESSEE. 5. IT IS SEEN FROM PAGE 7 OF THE IMPUGNED ORDER THAT THE ASSESSEE OFFERED A SUM OF RS.3,00,000 AS MISCELLANEOUS RECEIPT IN HER REVISED COMPUTATION OF INCOME . THE AUTHORITIES HAVE MADE AND CONFIRMED THE INSTANT ADDITION ON THE GROUND THAT THIS RECEIPT OF RS.3,00,000 WAS DIFFERENT FROM THE DEPOSIT OF RS.3,00,000 IN THE BANK ACCOUNT . WE ARE UNABLE TO APPRECIATE THE VIEW POINT OF THE AUTHORITIES BELOW ON THE GROUND THAT ONCE THE ASSESSEE OFFERED A ITA NO . 1189 /PUN/ 201 9 VILASRAO G PATIL 3 SUM O F RS.3,00,000 ON RECEIPT OF THE AMOUNT, THERE COULD HAVE BEEN NO OCCASION OF MAKING ANOTHER SIMILAR ADDITION ON SPENDING/INVESTING T HE SAID AMOUNT . IF A PERSON EARNS RS.100 FROM UNDISCLOSED SOURCES AND THEREAFTER OFFERS IT FOR TAXATION, ITS LATER UTILIZAT ION, AND THAT TOO, THROUGH U NDISCLOSED TRANSACTION S , WOULD NOT INVITE ANY FURTHER ADDITION. THE AO CANNOT MAKE ONE ADDITION AT THE TIME OF EARNING THE UNDISCLOSED INCOME AND AN OTHER SIMILAR ADDITION AT THE TIME OF SPENDING THE SAME. H ERE IS A CASE IN WHIC H THE ASSESSEE OFFERED RS.3,00,000 AS MISCELLANEOUS RECEIPT, WHICH HAS BEEN DULY TAXED ALSO. THE UTILIZATION OF SUCH AMOUNT OF RS.3,00,000 BY THE ASSESSEE BY MEANS OF DEPOSIT IN THE BANK ACCOUNT, CANNOT, IN OUR OPINION, CALL FOR ANY ADDITION. WE, THERE FORE, ORDER TO DELETE THE ADDITION. 6 . IN THE RESULT, THE APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE O PEN COURT ON 18 TH AUGUST , 2020 . SD/ - SD/ - (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT PUNE ; DATED : 18 TH A UGUST , 2020 GCVSR ITA NO . 1189 /PUN/ 201 9 VILASRAO G PATIL 4 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A) - 4 , PUNE 4. 5. 6 . THE PR.CIT - 3 , PUNE , , DR SMC , ITAT, PUNE; / GUARD FILE . / BY ORDER, / / TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 18 - 0 8 - 2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 18 - 0 8 - 2020 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRA FT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *