B K Gopika Krishna , Tumkur V. Income Tax Officer Ward-2 , Tumkur

ITA 1551/BANG/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7246 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 14-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKAS SURYAWANSHI
• Assessee Lawyers: KUPENDRA SETTY
• Keywords: Gift
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC-B BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER ITA NO.1551/BANG/2017 ASSESSMENT YEAR : 2010-11 B. K. GOPIKA KRISHNA, S L N STEEL & JEWELLERS, N. H. 206, B H ROAD, GUBBI (POST), TUMKUR 572 216. PAN : AHLPG8761C VS. INCOME TAX OFFICER, WARD-2, TUMKUR. APPELLANT RESPONDENT ASSESSEE BY : SHRI. KUPENDRA SETTY, CA REVENUE BY : SHRI. VIKAS SURYAWANSHI, ADDL. CIT DATE OF HEARING : 16.11.2017 DATE OF PRONOUNCEMENT : 23.11.2017 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST T HE ORDER OF CIT(A), INTERALIA , ON THE FOLLOWING GROUNDS: 1. THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEA LS) IS ERRONEOUS ON THE FACTS AND IN THE LAW. ON THE FACTS AND IN T HE CIRCUMSTANCES OF THE CASE HE OUGHT NOT TO HAVE DISMISSED THE APPEAL. 2. WITHOUT PREJUDICE TO THE ABOVE, THE ORDER OF THE AS SESSMENT MADE U/S 143(3) R.W. SECTION 147, IS WITHOUT JURISDICTION AN D THEREFORE, LIABLE TO BE ANNULLED. 3. WITHOUT PREJUDICE TO THE ABOVE, THE ADDITION OF RS. 3,04,750/- IS GENUINE GIFT RECEIVED FROM FATHER AND HENCE THE ADD ITION IS TO BE DELETED. 4. THE AMOUNT OF ADDITION OF RS.16,370/- IS INCLUDED I N THE INCOME OF THE APPELLANT AND HENCE THE SAME IS TO BE DELETED. 2. DURING THE COURSE OF HEARING, THE LEARNED COUNSE L FOR THE ASSESSEE HAS INVITED OUR ATTENTION TO THE FACT THAT THE ASSESSEE HAS TAKEN T HE GIFT OF RS.3,04,750/- FROM HER FATHER THROUGH CHEQUE WHICH WAS DOUBTED BY THE AO ON THE G ROUND THAT NO GIFT DEED WAS ITA NO. 1551/BANG/2017 PAGE 2 OF 2 EXECUTED AND ACCORDINGLY MADE THE ADDITION OF THE S AME AS UNEXPLAINED INCOME IN THE HANDS OF THE ASSESSEE. 3. ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT(A) B UT DID NOT FIND FAVOUR WITH HIM. NOW THE ASSESSEE IS BEFORE THE TRIBUNAL AND DURING THE COURSE OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE INVITED OUR ATTENTION TO T HE FACT THAT ASSESSEE HAS TAKEN A GIFT FROM HER FATHER THAT TOO THROUGH ACCOUNT PAYEE CHEQ UE, THEREFORE THE PAYMENT OF GIFT CANNOT BE DOUBTED. IN THE LIGHT OF THESE FACTS, TH E GIFT CANNOT BE DOUBTED. THE LEARNED DR SIMPLY PLACED RELIANCE UPON THE ORDE R OF THE CIT. 4. HAVING CAREFULLY EXAMINED THE ORDERS OF THE AUTH ORITIES BELOW, IN THE LIGHT OF RIVAL SUBMISSIONS, I FIND THAT THE GIFT IS GIVEN BY THE F ATHER TO HIS DAUGHTER AND THERE IS NO OTHER RELATION WHICH CAN BE CALLED CLOSER TO THIS RELATIO N. MOREOVER, GIFT IS GIVEN THROUGH ACCOUNT PAYEE CHEQUE. THEREFORE, IT CANNOT BE DOUBTED. IN THE LIGHT OF THESE FACTS, I FIND NO MERIT IN THE ADDITION MADE BY THE AO. I SET ASIDE THE ORDER OF THE CIT(A) AND DELETE THE ADDITIONS. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . PRONOUNCED IN THE OPEN COURT ON 23 RD NOVEMBER, 2017. SD/- (SUNIL KUMAR YADAV) JUDICIAL MEMBER PLACE : BANGALORE DATED : 23/11/2017 /NS/* COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)-II BANGALORE 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SR. PRIVATE SECRETARY, ITAT, BANGALORE.