Shri Mangilal Mahanta, Keonjhar V. ITO,Keonjhar Ward, Keonjhar

ITA 146/CTK/2022

AI Insights

This case involves an appeal by Sri Mangilal Mahanta against the order of the CIT(A), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2017-2018. The primary contention was regarding the cash deposits noted in the assessee's bank accounts, which the AO used to determine the turnover of the assessee at Rs.1,27,37,880. The assessee argued that there were no cash deposits in the SB account, a point allegedly overlooked by the CIT(A). The Tribunal found errors in the factual findings of the AO and restored the matter to the AO for a detailed examination.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127046 (ITAT-CUTTACK)
• Duration Of Justice: 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Next Hearing Date: 27-02-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 04-09-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SATYAJIT NANDA

Judgement Text

आयकर अऩीऱीय अधधकरण, कटक न्यायऩीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK श्री जाजज माथन, न्याययक सदस्य एवं श्री अरुण खोड़पऩया ऱेखा सदस्य के समक्ष । BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI ARUN KHODPIA, ACCOUNTANT MEMBER आयकर अऩीऱ सं/ITA No.146/C TK/2022 (ननधाारण वषा / Asses s m ent Year : 2017-2 018) Sri Mangilal Mahanta, At-Nameleipada, Baneikala, Joda, Keonjhar-758034 Vs ITO, Ward Keonjhar PAN No. :AXKPM 5487 C (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee by : Shri B.R. Panda & Satyajit Nanda, Advs. राजस्व की ओर से /Revenue by : Shri S.C.Mohanty, Sr. DR स ु नवाई की तारीख / Date of Hearing : 28/02/2023 घोषणा की तारीख/Date of Pronouncement : 28/02/2023 आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order of the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, passed in DIN & Oder No.ITBA/NFAC/S/250/2022-23/1042805073(1), for the assessment year 2017-2018. 2. At the outset, it is found that the appeal of the assessee is barred by 77 days. In this regard, an application along with medical certificate has been filed on behalf of the assessee for condonation of delay. Ld. Sr. DR has not objection to condone the delay. In view of the above, the delay of 77 days in filing the present appeal is condoned and the appeal of the assessee is heard finally. 3. It was submitted by the ld. AR that the assessee is in the business of poultry and running commercial goods vehicles (pick-up vans etc.) it was the submission that in the course of assessment, the AO had ITA No.146/CTK/2022 2 examined the bank account of the assessee and had come to the conclusion that there was cash deposit in the current bank account and the SB account of the assessee. It was the submission that he has determined the consequential turnover of the assessee at Rs.1,27,37,880/-. It was also submitted that the there was no cash deposit in the SB account of the assessee. The ld. AR placed copies of SB account before us. It was the submission that the entries in the SB account also could not be considered for determining the turnover of the assessee. It was further submitted that thought the submissions had been made before the ld. CIT(A), the same was not considered. It was the prayer that the issues be restored to the file of AO for re-examination insofar as there was no cash deposit in the SB account of the assessee. 4. In reply, Sr. DR submitted that the cash deposit in the current account of the assessee itself was to an extent of Rs.1,27,00,000/-. It was the submission that the AO has estimated the income of the assessee at the same rate as has been disclosed by the assessee but has only enhanced the turnover from that as disclosed by the assessee to the turnover as determined by the AO from the bank account of the assessee. It was the submission that even excluding the SB account of the assessee the current account itself have been shown at Rs.1,27,37,880/-, therefore, the assessment order is liable to be upheld. It was also the submission that the order of the ld. CIT(A) deserves to be upheld. 5. We have considered the rival submissions. A perusal of the assessment order shows that the AO has arrived at a figure of ITA No.146/CTK/2022 3 Rs.47,27,900/- to be in the SB account of the assessee. The assessee has also placed before us the copies of the SB account from which the cash entry is not discernible. This being so, as it is noticed that there are errors in the findings of the facts by the AO, therefore, the issues in this appeal are restored to the file of AO for readjudication and assimilation of the correct facts. 6. In the result, appeal of the assessee stands partly allowed for statistical purposes. Order dictated and pronounced in the open court on 28/02/2023. Sd/- (अरुण खोड़पऩया) (ARUN KHODPIA) Sd/- (जाजज माथन) (GEORGE MATHAN) ऱेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 28/02/2023 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतलऱपऩ अग्रेपषत/Copy of the Order forwarded to : आदेशान ु सार/ BY ORDER, (Assistant Registrar) आयकर अऩीऱीय अधधकरण, कटक/ITAT, Cuttack 1. अऩीऱाथी / The Appellant- Sri Mangilal Mahanta, At-Nameleipada,Baneikala, Joda, Keonjhar-758034 2. प्रत्यथी / The Respondent- ITO, Ward Keonjhar 3. आयकर आय ु क्त(अऩीऱ) / The CIT(A), 4. आयकर आय ु क्त / CIT 5. पवभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, कटक / DR, ITAT, Cuttack 6. गार्ज पाईऱ / Guard file. सत्यापऩत प्रयत //True Copy//