Balasaheh Gabaji Shete, Ahmednagar V. Income-tax Officer, Ward - 3, Ahmednagar

ITA 1405/PUN/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4949 (ITAT-PUNE)
• Duration Of Justice: 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 14-08-2019
• Assessment Year: 2010-2011
• Appeal Filed On: 07-09-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: VISHWAS MUNDHE
• Assessee Lawyers: P S SHINGTE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL , VICE PRESIDENT . / ITA NO. 1405 /PUN/20 18 / ASSESSMENT YEAR : 2010 - 11 BALASAHEB GABAJI SHETE, 1, SHETE MALA, AGASTI KARKHANA ROAD, AKOLE, AHMEDNAGAR - 422601. PAN : BXIPS1782H ....... / APPELLANT / V/S. THE INCOME TAX OFFICER, WARD - 3, AHMEDNAGAR. / RESPONDENT A SSESSEE BY : SHRI P.S. SHINGTE REVENUE BY : SHRI VISHWAS MUNDHE / DATE OF HEARING : 1 4 .0 8 .2019 / DATE OF PRONOUNCEMENT : 14 .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 20.06.2018 IN RELATION TO THE ASSESSMENT YEAR 2010 - 11 . 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST CONFIRMATION OF ADDITION OF RS.5,85,000/ - MADE BY THE AO U/S.69A OF THE INC OME TAX ACT, 1961 (HEREINAFTER CALLED AS THE ACT). 2 ITA NO. 1405 /PUN/20 18 A.Y. 2010 - 11 3. BRIEFLY STATED FACTS IN THIS CASE ARE THAT THE ASSESSEE DEPOSITED CASH OF RS.12,95,000/ - IN H IS BANK ACCOUNT WITH ADCC BANK, AKOLE, DIST. AHMEDNAGAR. THE AO OBSERVED THAT THE ASSESSEE SOLD AN AGRICULTURAL LAND FOR RS.6,10,000/ - WHICH WAS DE POSITED IN THE BANK ACCOUNT. HE TREATED THE REMAINING AMOUNT OF RS.6,85,000/ - (RS.12,95,000/ - - RS.6,10,000/ - ) AS UNEXPLAINED. THE ASSESSEES CONTENTION THAT HE WAS HAVING AN AGRICULTURAL LAND , WHICH WAS SUBSTANTIATED BY 7/12 EXTRACT, DID NOT FIND FAVOUR WITH THE AO. THE LD. CIT(A) ACCEPTED THE CONTENTION OF THE ASSESSEE REGARDING AVAILABILITY OF AGRICULTURAL INCOM E , BUT TO THE EXTENT OF RS.1 LAKH . BA LANCE A DDITION OF RS.5,85,000/ - WAS CONFIRMED. 4 . HAVING HEARD BOTH THE SIDES, IT IS OBSERVED THAT THE ASSESSEE ESTABLISHED THAT HE WAS HAVING AGRICULTURAL LAND AND CROPS LIKE TOMATO AND BAJRA WERE GROWN ON THE SAI D LAND AS PER 7/12 EXTRACT. E STIMATION OF RS.1 LAKH TOWARDS AGRICULTURAL INCOME DRAWN BY THE LD. CIT(A) IS ON LOWER SIDE. CONSIDERING THE TOTALITY OF FACTS AND CIRCUMSTANCES, I AM OF THE CONSIDERED VIEW THAT IT WOULD BE JUST AND FAIR TO ACCEPT A GRICULTURAL INCOME AT RS.3 LAKH AS AGAINST RS.1 LAKH ACCEPTED BY THE LD. CIT(A). T HE ASSESSEE GET S FURTHER RELIEF OF RS. 2 LAKH . 3 ITA NO. 1405 /PUN/20 18 A.Y. 2010 - 11 5 . IN THE RESULT, APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. ORDER PRO NOUNCED ON 14 TH D AY OF AUGUST , 201 9 . SD/ - R . S . SYAL / VICE - PRESIDENT / PUNE; / DATED : 14 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 - 1, PUNE. 5. , , - , / DR, ITAT, SMC BENCH, PUNE. 6. / GUARD FILE. // TRUE COPY // / BY ORDER, / PRIVATE SECRETARY , / ITAT, PUNE . 4 ITA NO. 1405 /PUN/20 18 A.Y. 2010 - 11 * DATE 1 DRAFT DICTATED ON 14 .08 .201 9 SR. PS/PS 2 DRAFT PLACED BEFORE AUTHOR 14 .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 11 DATE OF DISPATCH OF ORDER