Shiny Prabhakar, Bangalore V. Income Tax Officer Ward-6(3)(1), Bangalore

ITA 1636/BANG/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8167 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 17-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: V SRINIVASAN
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI B.R BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.1636/BANG/2018 ASSESSMENT YEAR : 2014-15 SHRI SHINY PRABHAKAR, 78, SRIKRUPA, 5 TH MAIN ROAD, AGS COLONY, ANADNAGAR, HEBBAL, BENGALURU-560 024. PAN AMCPS 0804 G. VS. THE INCOME-TAX OFFICER, WARD-6(3)(1), BENGALURU. APPELLANT RESPONDENT APPELLANT BY : SHRI V SRINIVASAN, ADVOCATE RESPONDENT BY : SHRI R.N SIDDAPPAJI, ADDL. CIT DATE OF HEARING : 09.07.2019 DATE OF PRONOUNCEMENT : 09.07.2019 O R D E R PER B.R BASKARAN, ACCOUNTANT MEMBER THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 27/2/2018 PASSED BY LD CIT(A)-6, BANGALORE AN D IT RELATES TO ASST. YEAR 2014-15. 2. THE ASSESSEE IS AGGRIEVED BY THE DECISION OF LD CIT(A) IN CONFIRMING THE ADDITION OF RS.57.11 LAKHS MADE BY T HE AO. 3. WE HEARD THE PARTIES AND PERUSED THE RECORD. TH E ASSESSEE IS AN INDIVIDUAL AND SHE FILED RETURN OF INCOME DECLAR ING A TOTAL ITA NO.1636/BANG/2018 PAGE 2 OF 5 INCOME OF RS.3.01 LAKHS. THE AO RECEIVED INFORMATI ON THAT THE ASSESSEE HAS MADE HUGE DEPOSITS IN A COOPERATIVE BA NK. ACCORDINGLY HE SELECTED THE RETURN FILED BY THE ASS ESSEE FOR SCRUTINY. SINCE THE ASSESSEE DID NOT RESPOND TO THE NOTICES I SSUED BY HIM AND DID NOT OFFER EXPLANATIONS, THE AO ADDED AGGREGATE AMOUNT OF DEPOSITS OF RS.57.11 LAKHS TO THE TOTAL INCOME OF T HE ASSESSEE. BEFORE THE LD CIT(A) THE ASSESSEE SUBMITTED THAT S HE IS MAINTAINING A BANK ACCOUNT WITH SVC COOPERATIVE BANK LTD., WHE REIN SHE DID NOT MAKE DEPOSITS TO THE TUNE OF RS.57.11 LAKHS AS CLAIMED BY THE AO. SHE SUBMITTED THAT THE ASSESSEE HAVING FIXED D EPOSITS TO THE TUNE OF RS.9.75 LAKHS ONLY. SHE ALSO FURNISHED COP Y OF BANK ACCOUNT MAINTAINED WITH SVC COOPERATIVE BANK LTD. THE LD CIT(A) TOOK THE VIEW THAT THE ASSESSEE SHOULD HAVE EXPLAIN ED AS TO WHOM THE DEPOSITS BELONGED TO. HENCE, IN THE ABSENCE O F EXPLANATIONS, THE LD CIT(A) CONFIRMED THE ORDER PASSED BY LD CIT( A). 4. THE LD AR INVITED OUR ATTENTION TO COPY OF BANK ACCOUNT FURNISHED IN PAGE 4 OF THE PAPER BOOK AND SUBMITTED THAT THE ASSESSEE HAS MADE DEPOSITS OF SMALLER AMOUNTS ON VA RIOUS DATES IN SVC COOPERATIVE BANK. THE AGGREGATE AMOUNTS DOES NO T RESULT IN A FIGURE OF RS.57.11 LAKHS MENTIONED BY THE AO. HE SU BMITTED THAT THE ASSESSEE DOES NOT MAINTAIN ANY OTHER ACCOUNT AN D HENCE SHE IS NOT AWARE ABOUT THE DEPOSITS OF RS.57.11 LAKHS MENT IONED BY THE AO. 5. ON THE CONTRARY, THE LD DR SUBMITTED THAT THE ASSESSEE HASS SUBMITTED A COPY OF BANK ACCOUNT MAINTAINED WITH SV C COOPERATIVE BANK LTD. FROM THE ASST. ORDER, IT IS NOT CLEAR AS TO WHETHER THE AO ITA NO.1636/BANG/2018 PAGE 3 OF 5 IS REFERRING TO THE VERY SAME BANK ACCOUNT FURNISHE D BY THE ASSESSEE OR SOME OTHER BANK ACCOUNT. ACCORDINGLY H E SUBMITTED THAT THE MATTER MAY BE RESTORED TO THE FILE OF AO F OR EXAMINING THE ISSUE AFRESH. 6. HAVING HEARD THE RIVAL CONTENTIONS, WE ARE OF TH E VIEW THAT THIS ISSUE NEEDS TO BE RESTORED TO THE FILE OF THE AO, AS THE ASSESSEE CLAIMS TO BE NOT AWARE OF DEPOSITS OF RS.56.11 LAKH S MENTIONED BY THE AO AND FURTHER THE BANK ACCOUNT FURNISHED BY AS SESSEE DOES NOT SHOW SUCH KIND OF DEPOSITS. ACCORDINGLY WE SE T ASIDE THE ORDER PASSED BY THE CIT(A) ON THIS ISSUE AND RESTORE THE SAME TO THE FILE OF THE AO FOR EXAMINING IT AFRESH. THE AO IS DIRECTE D TO FURNISH THE DETAILS OF RS.56.11 LAKHS MENTIONED IN THE ASST. OR DER TO THE ASSESSEE SO THAT ASSESSEE CAN OFFER HER EXPLANATION S. AFTER AFFORDING ADEQUATE OPPORTUNITY OF BEING HEARD TO TH E ASSESSEE, THE AO MAY TAKE APPROPRIATE DECISION IN ACCORDANCE WITH LAW. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH JULY, 2019. SD/ - (BEENA PILLAI) JUDICIAL MEMBER SD/ - (B.R BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED, 9 TH JULY, 2019. /VMS / ITA NO.1636/BANG/2018 PAGE 4 OF 5 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3 . THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER A SST. REGISTRAR, ITAT, BANGALORE. ITA NO.1636/BANG/2018 PAGE 5 OF 5 1. DATE OF DICTATION 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO SR.P.S .. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER .. 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S. .. 6. DATE OF UPLOADING THE ORDER ON WEBSITE.. 7. IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO .. 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. DATE ON WHICH ORDER GOES FOR XEROX & ENDORSEMENT 10. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 11. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER . 12. THE DATE ON WHICH THE FILE GOES TO DISPATCH SEC TION FOR DISPATCH OF THE TRIBUNAL ORDER . 13. DATE OF DESPATCH OF ORDER. ..