ACIT, New Delhi V. Smt. Seema Bansal, New Delhi

ITA 1223/DEL/2013

• Counselvise Citation: 122320114 RSA 2013
• Duration Of Justice: 2 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 13-03-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 04-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R R KUMAR
• Assessee Lawyers: R B ARORA
• Keywords: Salary income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH. T.S.KAPOOR, ACCOUNTANT MEMBER I.T.A .NO. - 1223 /DEL/201 3 (ASSESSMENT YEAR - 2009 - 10 ) ACIT, CIRCLE - 38(1), R.NO. - 2202, 22 ND FLOOR, E - II TOWER, CIVIC CENTRE, MINTO ROAD, NEW DELHI - 110001. (APPELLANT) VS SMT. SEEMA BANSAL, 24, SR. RAM ROAD, CIVIL LINES, DELHI - 110054 PAN - AFUPB4178B (RESPONDENT) APPELLANT BY SH.B.R.R.KUMAR, SR. DR RESPONDENT BY SH.R.B.ARORA, FCA ORDER PER DIVA SINGH, JM BY THE PRESENT APPEAL FILED BY THE REVENUE THE CORRECTNESS OF THE ORDER DATED 17.12.2012 OF THE CIT(A) - XXXVIII, NEW DELHI PERTAINING TO 2009 - 10 ASSESSMENT YEAR IS BEING ASSAILED ON THE FOLLOWING GROUNDS: - 1. IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS.19,00,000/ - WITHOUT APPRECIATING THE FACT THAT THE ASSESSEE FAILED TO SUBSTANTIATE THE SOURCE OF CASH DEPOSITS IN BANK. 2. THE RELEVANT FACTS ARE THAT THE ASSESSEE S RETURN DECLARING AN INCOME OF RS.2,60,460/ - WAS PICKED UP FOR SCRUTINY THROUGH CASS ON THE BASIS OF AIR INFORMATION WHICH DISCLOSED THAT THE ASSESSEE HAD DEPOSITED RS.19 LACS IN CASH IN HER SAVING BANK ACCOUNT. T HE ASSESSEE IN THE YEAR UNDER CONSIDERATION DERIVED INCOME FROM SALARY AND OTHER SOURCES . THE AO REQUIRED THE ASSESSEE TO DATE OF HEARING 13 . 0 3 .2015 DATE OF PRONOUNCEMENT 18 . 0 3 .2015 2 I.T.A .NO. - 1223 /DEL/201 3 EXPLAIN THE SAME. NOT CONVINCED WITH THE EXPLANATION OFFERED ADDITION OF THE SAID AMOUNT WAS MADE. 2.1. THE EXPLANATION OFFERED BEFORE THE AO WAS REITERATED IN APPEAL BEFORE THE CIT(A) NAMELY TH AT RS.8 LACS WITHDRAWN ON TWO DIFFERENT DATE S FROM HIS PNB BANK A/C, CIVIL LINES AS RS. 5 LACS AND RS.3 LACS BY HER HUSBAND WERE DEPOSITED IN HER ACCOUNT ON THE SAME SATE. SIMILARLY THE WIT HDRAWALS AND DEPOSITS FROM HER OWN ACCOUNT FROM THE SAME BANK AND THE CASH FLOW STATEMENT DEMONSTRATE AVAILABILITY OF CASH . THE SAID CLAIMS WERE ACCEPTED BY THE CIT(A) CONSIDERING THE FACTS. 3. AGGRIEVED BY THIS THE REVENUE IS IN APPEAL BEFORE THE TRIBUNA L. 3.1. THE LD. SR. DR RELIES ON THE ASSESSMENT ORDER. LD. AR RELIED UPON THE IMPUGNED ORDER. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. ON A CONSIDERATION OF THE OVERALL FACTUAL MATRIX OF THE CASE IN THE FACTS AS THEY ST AND WE FIND NO GOOD REASON TO INTERFERE WITH THE FOLLOWING FINDING ARRIVED AT BY THE CIT(A): - 4. I HAVE CONSIDERED THE GROUND RAISED IN APPEAL AND THE SUBMISSIONS OF THE AR OF THE APPELLANT. THE ASSESSING OFFICER HAS ADDED THE WHOLE OF CASH DEPOSIT OF RS.19 LACS, TO THE APPELLANT S BANK ACCOUNT, TO THE INCOME OF THE ASSESSEE. I HAVE CONSIDERED THE FACTS OF THE CASE AND THE CASE LAWS RELIED UPON BY THE APPELLANT. THE ASSESSING OFFICER HAS OBSERVED THAT TH E CASH FLOW STATEMENT FILED BY THE ASSESSEE IS NOT RELIABLE. THE APPELLANT HAS FILED THE BANK STATEMENTS OF SELF AND HER HUSBAND, CASH FLOW STATEMENT AND ANALYSIS OF BANK ACCOUNTS. ON PERUSAL OF THESE STATEMENTS IT IS SEEN THAT THE APPELLANT HAS WITHDRAW N FROM TIME TO TIME AND DEPOSITED THIS IN THE BANK ACCOUNT. THE APPELLANT HAS RECEIVED MONEY FROM HER HUSBAND WHO IS HAVING SUFFICIENT FUND IN HIS ACCOUNT AND IS A REGULAR INCOME TAX ASSESSEE. THE CASH FLOW STATEMENT SHOWS SUFFICIENT CASH IN ORDER TO PRO VE THE DEPOSIT IN THE BANK ACCOUNT. ON CONSIDERING THE APPELLANT S CONTENTIONS, ANALYSIS OF BANK ACCOUNT AND CASH FLOW STATEMENTS, I FIND THAT THE APPELLANT HAS ENOUGH FUNDS (CIRCULATED FROM THE BANK ACCOUNT OF THE SELF AND RECEIVED FROM HUSBAND) TO DEPOS IT IN THE BANK. THE SOURCE FOR CASH RECEIVED FROM HUSBAND IS ALSO PROVED. ACCORDINGLY THE ADDITION OF RS.19 LACS MADE BY THE ASSESSING OFFICER IS DIRECTED TO BE DELETED. THE GROUND RAISED IN APPEAL IS ALLOWED. 3 I.T.A .NO. - 1223 /DEL/201 3 4.1. BEING SATISFIED BY THE REASONING AN D FINDING ON FACTS WHICH REMAIN UNASSAILED BEFORE US THE DEPARTMENTAL APPEAL IS DISMISSED. THE SAID ORDER WAS PRONOUNCED IN THE PRESENCE OF THE PARTIES IN THE OPEN COURT. 5. IN THE RESULT, THE DEPARTMENTAL APPEAL IS DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 18 TH OF MARCH 2015 . SD/ - SD/ - ( T.S.KAPOOR ) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 18 / 03 /201 5 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI