ITO, Pondicherry V. Latha Muniammal, Pondicherry

ITA 1433/CHNY/2013

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 68847 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 20-11-2013
• Assessment Year: 2009-2010
• Appeal Filed On: 27-06-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AJI P JACOB
• Assessee Lawyers: G SEETHARAMAN
• Keywords: Unexplained investment
• Section: 143(3); 69

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI (BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI CHALLA NAAGENDRA PRASAD, JUDICIAL MEMBER ) .. I.T.A. NO.698/MDS/2013 ASSESSMENT YEAR : 2009-10 SMT.LATHA MUNIAMMAL, NO.24,III CROSS STREET, RAGHAVENDRA NAGAR, BOOMIYANPET, PONDICHERRY 605 005. PAN : ABQPL 5855 R (APPELLANT) V. INCOME TAX OFFICER, WARD I(1), PONDICHERRY. (RESPONDENT) I.T.A. NO.1433/MDS/2013 ASSESSMENT YEAR :2009-10 INCOME TAX OFFICER, WARD I(1), PONDICHERRY. (APPELLANT) V. SMT.LATHA MUNIAMMAL, NO.24,III CROSS STREET, RAGHAVENDRA NAGAR, BOOMIYANPET, PONDICHERRY 605 005. PAN : ABQPL 5855 R (RESPONDENT) ASSESSEE BY : SHRI G.SEETHARAMAN, REVENUE BY : SHRI SH AJI P. JACOB, ADDL.CIT D.R DATE OF HEARING : 20.11.13 DATE OF PRONOUNCEMENT : 22.11.13 ITA NOS.698 & 1433/MDS/13 2 O R D E R PER A.MOHAN ALANKAMONY , ACCOUNTANT MEMBER: BOTHE THE ASSESSEE AND THE REVENUE HAVE FILED THE SE APPEALS, AGGRIEVED BY THE ORDER OF THE LEARNED COMM ISSIONER OF INCOME TAX(A) DATED 14.03.2013 IN ITA NO.331/11-12 PASSED UNDER SECTION 143(3) READ WITH SECTION 250 OF THE ACT. 2. BOTH THE ASSESSEE AND THE REVENUE HAVE RAISED F IVE GROUNDS AND EIGHT GROUNDS IN THEIR RESPECTIVE APPEALS. HOW EVER, THE CRUX OF THE ISSUE IS THAT THE ASSESSEE IS AGGRIEVED BY THE ORDER OF THE LD. CIT(A), WHO HAD CONFIRMED THE ADDITION OF `. 36.12 LAKHS TOWARDS UNEXPLAINED INVESTMENT WHILE AS THE REVENUE IS AGGR IEVED BY THE ORDER OF THE LD. CIT(A) WHO HAD DELETED THE ADDITIO N OF `. 36,83,000/- OUT OF THE TOTAL ADDITION OF `. 72,95,000/- MADE BY THE LD.AO ON ACCOUNT OF UNEXPLAINED INVESTMENT UNDER SECTION 69 OF THE ACT. 3. AT THE OUTSET, THE LD.A.R SUBMITTED THAT:- (A) THE ASSESSEE WAS ASKED TO EXPLAIN HER CASH DEPO SITS BY THE REVENUE BY PRODUCING THE INFORMATION FROM THE P&L A /C AND BALANCE SHEET ON ALL THE HEARINGS WHICH SHE DID FURNISHED. ITA NOS.698 & 1433/MDS/13 3 (B) BANK A/C NO.005601511970 MAINTAINED WITH ICIC I BANK PONDICHERRY BELONGED TO THE ASSESSEE & HER HUSBAND AND THE AMOUNT WHICH WAS NOT ACCOUNTED IN HER BOOKS, WAS DI SCLOSED IN THE BOOKS OF HER HUSBAND WHICH THE REVENUE OVERLOOKED. (C) THE CASH BOOK ABSTRACTS THOUGH NOT PRODUCED B EFORE THE LD.AO, WAS PRODUCED BEFORE THE LD. CIT(A), WHO HAS FAILED TO TAKE NOTICE OF ALL THE ENTRIES MADE THEREIN. 4. WITH THE ABOVE SUBMISSIONS, THE LD.A.R SUBMITT ED THAT THE CASE MAY BE REMITTED BACK TO THE FILE OF LD.AO FOR EXAMINING THE DETAILS SUBMITTED BY THE ASSESSEE. 5. LD.D.R ALSO AGREED FOR THE CASE TO BE REMITTED BACK FOR DE- NOVA CONSIDERATION, SINCE THE REVENUE HAD ALSO THE SAME GRIEVANCE THAT LD. CIT(A) HAD NOT PROPERLY EXAMINED THE MATER IALS FURNISHED BEFORE HIM BY THE ASSESSEE AND DECIDED THE MATTER W ITHOUT OBTAINING THE REMAND REPORT FROM THE LD.AO AND HAD ENTERTAINE D FRESH EVIDENCE FILED BEFORE HIM WITHOUT OBSERVING RULE 46A OF THE INCOME TAX RULES,1962. 6. HAVING HEARD BOTH SIDES, AND PERUSING THE RECOR DS FILED BEFORE US, AND PAPER BOOKS SUBMITTED BY THE ASSESSEE, WE A RE OF THE ITA NOS.698 & 1433/MDS/13 4 CONSIDERED VIEW THAT IN THE INTEREST OF JUSTICE, TH E MATTER REQUIRES TO BE REMITTED BACK TO THE FILE OF THE LD.AO. ACCORDI NGLY, WE HEREBY REMIT THIS CASE BACK TO THE FILE OF LD.AO FOR DENOV O CONSIDERATION. WE FURTHER MAKE IT CLEAR THAT THE ASSESSEE IS AT LI BERTY TO FURNISH ALL THE REQUIRED DOCUMENTS NECESSARY FOR HER TO PROVE H ER ONUS, HOWEVER, SHE SHALL CO-OPERATE IN THE PROCEEDINGS OF THE REVENUE FOR SPEEDY DISPOSAL OF THE CASE. ACCORDINGLY BOTH THE A PPEALS ARE DISPOSED OFF. 7. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE AND THE REVENUE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 22 ND NOVEMBER, 2013 AT CHENNAI. SD/- SD/- ( CHALLA NAGENDRA PRASAD ) (A.MOHAN A LANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 22 ND NOVEMBER, 2013. K S SUNDARAM. COPY TO: ASSESSEE/AO/CIT (A)/CIT/D.R./GUARD FILE