Kamal Kumar, Koderma V. ITO,Ward-1(5), Koderma

ITA 132/RAN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9534 (ITAT-RANCHI)
• Duration Of Justice: 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 20-03-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: M K CHOUDHURY
• Keywords: Unexplained cash credit
• Section: 68; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: RANCHI BENCH, RANCHI BEFORE SHRI S.S.GODARA, JM AND DR. A. L. SAINI, AM I.T.A NOS.132&133/RAN/2019 ASSESSMENT YEARS: 2012-13 & 2013-14 KAMAL KUMAR S/O PREMLAL SAONAKAR, ADDI BUNGALOW, JHUMRI TELAYA, KODERMA- 825409. VS. ITO, WARD-1(5), KODARMA PAN/GIR NO. : BMMPK8559D ( APPELL ANT ) .. (RESPONDENT) APPELLANT BY SHRI M. K. CHOUDHURY, ADVOCATE RESPONDENT BY SHRI AJAY KUMAR, ADDL. CIT(DR) DATE OF HEARING 05.03.2020 DATE OF PRONOUNCEMENT 05.03.2020 O R D E R PER BENCH(ORAL): THESE TWO ASSESSEES APPEALS FOR ASSESSMENT YEARS 2012-13 & 2013-14 ARISE AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS), JHARKHAND BOTH DATED 16.10.2017 PASSED IN CASE NO.10114&10116/HZB/2016-17 INVOLVING PROCEEDINGS U/S 147/144 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES IDENTICAL SOLE SUBSTANTIVE GRIEVANCE IN BOTH THESE APPEALS CHALLENGES CORRECTNESS OF LOWER AUTHORITIES ACTION ADDING BANK DEPOSITS OF RS.91,35,600/- AND RS.1,18,31,800/-; ASSESSMENT YEAR WISE, RESPECTIVELY, AS UNEXPLAINED U/S 68 OF THE ACT. 3. IT IS AN ADMITTED FACT THAT THE ASSESSING OFFICERS ASSESSMENTS HAD BEEN FRAMED U/S 144 OF THE ACT. THE ASSESSEE HAD THEREAFTER FILED SOME DETAILS CLAIMING HIMSELF TO BE A FRUIT SELLING AGENT IN LOCAL AS WELL AS OTHER OUTSIDE MARKETS THEREBY DRAWING COMMISSION INCOME @6%. THE CIT(A) HAS DECLINED THE ASSESSEES DETAILS SOUGHT TO BE FILED IN THE COURSE OF LOWER APPELLATE PROCEEDINGS. IT IS THIS BACKDROP OF FACTS THAT THE ASSESSEE HAS THE PREFERRED INSTANT TWO APPEALS. I.T.A NOS.132&133/RAN/2019 KAMAL KUMAR 2 4. LEARNED COUNSEL REFERS TO DETAILS OF SALE PRICES OF FRUIT PRODUCTS AS WELL AS COPIES OF BILLS IN THESE ASSESSMENT YEARS AND ASSERTS THAT BOTH THE LOWER AUTHORITIES HAVE ERRED IN TREATING THE ENTIRE BANK DETAILS AS UNEXPLAINED CASH CREDITS THAN ASSESSEES COMMISSION BUSINESS TURNOVER ONLY. THE REVENUES CASE IS THAT THE ASSESSEE HAD NOT COOPERATED EITHER DURING ASSESSMENT OR IN LOWER APPELLATE PROCEEDINGS BY WAY OF FILING NECESSARY COGENT EVIDENCE. WE NOTICE IN THIS FACTUAL BACKDROP THAT NEITHER THE LEARNED LOWER AUTHORITIES HAVE GIVEN CREDIT OF ALL THE CORRESPONDING WITHDRAWAL ENTRIES IN ASSESSEES BANK ACCOUNT(S) FORMING SUBJECT MATTER OF THE IMPUGNED ADDITION NOT HAVE THEY BEEN ABLE TO DISPUTE THE CLINCHING FACT OF HIM BEING ENGAGED IN COMMISSION AGENT BUSINESS. WE DEEM IT APPROPRIATE IN THESE FACTS THAT A LUMPSUM GROSS PROFITS ADDITION OF RS.8,00,000/- IN FORMER AND RS.10,00,000/-; IN LATTER ASSESSMENT YEAR; INCLUDING TELESCOPING BENEFIT OF THE FORMER, WOULD MEET THE ENDS OF JUSTICE WITH A RIDER THAT THE SAME SHALL NOT BE TREATED AS PRECEDENT IN ANY OTHER ASSESSMENT YEAR. NECESSARY COMPUTATION INCLUDING THAT OF INTEREST SHALL FOLLOW AS PER LAW. 5. THESE ASSESSEES APPEALS ARE PARTLY ALLOWED IN ABOVE TERMS. ORDER IS PRONOUNCED IN THE OPEN COURT ON 05.03.2020. SD/- SD/- (A. L. SAINI) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 05.03.2020. RS COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) - 5. THE DR, ITAT, RANCHI 6. GUARD FILE BY ORDER SR. P.S., ITAT, RANCHI (ON TOUR)