Bushanna Mandala , Tandur V. Income Tax Officer, Ward-1, Vikarabad

ITA 1583/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0440 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 25-02-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 28-10-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: N SWAPNA
• Keywords: Unexplained expenditure
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER (THROUGH VIRTUAL HEARING) ITA NO. 15 83 /HYD/201 9 (ASSESSMENT YEAR : 20 14 - 15 ) SHRI BUCHANNA MANDALA PROP. SRI RAGHAVENDRA TEXTILES, 6 - 1 - 11/1, VINAYAKA CHOUK, TANDUR - 501 141 PAN AGCPM 5907G VS. INCOME TAX OFFICER, WARD 1 , VIKARA BAD. APPELLANT RESPONDENT APPELLANT BY : SHASHANK DUNDU (A.R) RESPONDENT BY : SMT. N. SWAPNA, (D.R.) DATE OF HEARING : 25.02.2021 . DATE OF PRONOUNCEMENT : 08.03. 2021. O R D E R THIS ASSESSEES APPEAL FOR THE ASST. YEAR 20 14 - 15 ARISE FROM THE COMMISSIONER OF INCOME TAX (APPEALS) - 2, HYDERABAD ORDER DT. 21.08 .2019 PASSED IN THE CASE NO. 10116/ 2018 - 19 /CIT(A) - 2 IN THE PROCEEDINGS UNDER SECTION 143(3) R.W.S. 147 OF INCOME TAX ACT, 1961 (THE ACT). HEARD BOTH THE PARTIES . C ASE FILE PERUSED. 2. COMING TO THE SO LE ISSUE OF CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION MAKING ADDITION U/S.69C OF THE ACT OF RS.4,70,000 AS UNEXPLAINED EXPENDITURE I N THE INSTANT CASE, I NOTICE THAT NEITHER PART YS SUBMISSIONS AGAINST AND IN SUPPORT THEREOF DESERVES TO BE ACCEPTED IN ENTIRETY. THIS ADDITION ADMITTEDLY PERTAINS TO THE TUITION FEES OF ASSESSEES DAUGHTER MS. M. RADHA PRIYA TOWARDS MBBS COURSE IN M/S.ARIHANTH EDUCATIONAL SOCIETY. THERE IS NO DISPUTE THAT NONE OF HER PARENTS (INCLUDING THIS ASSESSEE) HAS BEEN FOUND A S I NCOME T AX PAYEE S IN THE IMPUGNED ASSESSMENT YEAR. THIS FORMED THE PRECISE REASON LEADING TO THE IMPUGNED ADDITION. 2 ITA 15 83 /HYD/2019 3. I HAVE GIVEN MY THOUGHTFUL CONSIDERATION TO RIVAL SUBMISSIONS COMING FROM BOTH THE PARTIES. I FIND THAT NEITHER THE ASSESSEE HAS BEEN ABLE TO EX PLAIN HIS REGULAR SOURCE OF INCOME LEADING TO THE IMPUGNED ADDITION NOR THE LOWER AUTHORITIES HAVE GIVEN ANY CREDIT OF NORMAL DAY TO DAY CASH IN HAND IN FA MILY S SAVINGS. I DEEM IT APPROPRIATE IN THESE FACTS THAT A LUMP SUM ADDITION OF RS.2,20,000 OUT OF RS.4.7 LAKHS WOULD BE JUST AND PROPER WITH A RIDER THAT SAME SHALL NOT BE TREATED AS A PRECEDENT IN ANY OTHER ASSESSMENT YEAR. THE ASSESSEE GET RELIEF OF RS.2.5 LAKHS IN OTHER WORDS. NECESSARY COMPUTATION TO FOLLOW AS PER LAW. 4. IN THE RESULT, TH E APPEAL OF ASSESSEE IS PARTLY ALLOWED IN THE ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 08. 03. 2021. SD/ - (S.S. GODARA) JUDICIAL MEMBER COPY TO : 1. SHRI BUCHANNA MANDALA, PROP. SRI RAGHAVENDRA TEXTILES, 6 - 1 - 11/1, VINAYAKA CHOUK, TANDUR - 501 141 2. ITO, WARD 1 , HYDERABAD. 3. PR. C I T - 2 , HYDERABAD. 4. CIT(APPEALS) - 2, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD. 3 ITA 15 83 /HYD/2019 DESCRIPTION DATE INITIALS 1. DRAFT DICTATED ON 2. DRAFT PLACED BEFORE AUTHOR 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED / APPROVED BY SECOND MEMBER 5. APPROVED DRAFT COMES TO THE SR.P.S./P.S. 6. KEPT FOR PRONOUNCEMENT ON 7. FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER