DCIT, CHENNAI V. B.Dhanraj, CHENNAI

ITA 1702/CHNY/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96242 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2015
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 13-10-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 23-07-2015
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Keywords: Gift; Source of fund
• Section: 68

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI , . ! '# , $ %& ' [ BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI V. DURGA RAO, JUDICIAL MEMBER ] ./ I.T.A.NO.1702/MDS/2015 / ASSESSMENT YEAR : 2005-06 THE DY. COMMISSIONER OF INCOME-TAX CORPORATE CIRCLE 2(2) CHENNAI VS. SHRI B. DHANRAJ B-202, RAHEJA REGENCY NO.90, SANTHOME HIGH ROAD RA PURAM, CHENNAI 600 028 [PAN ADKPD 4130 D ] ( () / APPELLANT) ( *+() /RESPONDENT) / APPELLANT BY : SHRI A.V. SREEKANTH, JCIT /RESPONDENT BY : NONE / DATE OF HEARING : 13 - 10 - 2015 / DATE OF PRONOUNCEMENT : 16 - 10 - 2015 , / O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-6, CHENNA I, DATED 25.2.2015 FOR ASSESSMENT YEAR 2005-06. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS WITH REGARD TO DELETION OF ADDITION OF ` 12.30 LAKHS MADE TOWARDS CASH DEPOSITS IN THE BANK ITA NO.1702/15 :- 2 -: ACCOUNT THOUGH THE ASSESSEE HAS NOT PROVIDED NECES SARY PROOF FOR SOURCE OF FUNDS BEFORE THE ASSESSING OFFICER. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE INSPITE OF SERVICE OF NOTICE. THEREFORE, WE HEARD THE LD. REPRESENTAT IVE AND PROCEEDED TO DECIDE THE APPEAL ON MERITS. 4. IN THIS CASE, THE ASSESSING OFFICER MADE AN ADDITIO N OF ` 20.50 LAKHS BEING UNEXPLAINED DEPOSITS IN THE BANK U/S 68 OF THE ACT. BEFORE THE CIT(A), THE ASSESSEE STATED THAT HE REC EIVED A GIFT OF ` 6 LAKHS FROM HIS MOTHER ON 19.1.2005 AND THE SAME WAS ALSO REFLECTED IN THE RETURN OF INCOME. IN ADDITION, HE WITHDREW A SU M OF ` 4 LAKHS FROM THE BANK ACCOUNT ON 18.1.2005. THIS AMOUNT OF ` 4 LAKHS AND ANOTHER AMOUNT OF ` 2 LAKHS WERE USED FOR CASH DEPOSITS OF ` 6 LAKHS ON 19.1.2005. THE ASSESSEE ALSO EXPLAINED THAT HIS M OTHER SOLD A HOUSE PROPERTY FOR ` 8 LAKHS AND THERE WERE CASH WITHDRAWALS OF ` 30,000/- FROM ANOTHER BANK ACCOUNT. ALL THESE AMOUNTS FORME D SOURCES FOR THE CASH DEPOSIT OF ` 20.50 LAKHS. CONSIDERING THE ABOVE ARGUMENT OF TH E ASSESSEE, THE CIT(A) DELETED THE ADDITION TO THE EX TENT OF ` 12.30 LAKHS AGAINST WHICH THE REVENUE IS IN APPEAL BEFORE US. 5. THE MAIN GRIEVANCE OF THE LD. DR IS THAT THE CIT(A) HAS NOT CALLED FOR ANY REMAND REPORT FROM THE ASSESSING OFF ICER AND THE ASSESSING OFFICER WAS DEPRIVED OF THE OPPORTUNITY O F HEARING AND ITA NO.1702/15 :- 3 -: PRAYED TO REMIT THE ISSUE BACK TO THE FILE OF THE A SSESSING OFFICER FOR FRESH CONSIDERATION. 6. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD. DR AN D THE MATERIAL AVAILABLE ON RECORD. SINCE THE CIT(A) HAS ADMITTED PROOF FOR CASH DEPOSITS WITHOUT GIVING OPPORTUNITY TO THE ASS ESSING OFFICER, WE ARE OF THE OPINION THAT THE MATTER NEED TO BE RE-EX AMINED. THEREFORE, WE SET ASIDE THE ORDER OF THE CIT(A) AND REMIT THE ISSUE BACK TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFIC ER SHALL RE-EXAMINE THE ISSUE AFRESH IN THE LIGHT OF THE MATERIAL THAT MAY BE FILED BY THE ASSESSEE AND THEREAFTER DECIDE THE SAME IN ACCORDAN CE WITH LAW AFTER GIVING ADEQUATE OPPORTUNITY OF HEARING TO THE ASS ESSEE. 7. IN THE RESULT, THE APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH OCTOBER, 2015, AT CHENNAI. SD/- SD/- ( . ! '# ) ( V. DURGA RAO ) $ / JUDICIAL MEMBER ( ) (CHANDRA POOJARI) / ACCOUNTANT MEMBER !' / CHENNAI #$ / DATED: 16 TH OCTOBER, 2015 RD ITA NO.1702/15 :- 4 -: $%&& '(&)( / COPY TO: & 1 . / APPELLANT 4. & * / CIT 2. / RESPONDENT 5. (+,& - / DR 3. & *&./ / CIT(A) 6. ,0&1 / GF