Shri Manoj Kumar Beria, Kolkata V. DCIT-7(2), Kolkata

ITA 173/KOL/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6195 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2017-2018
• Appeal Filed On: 11-07-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(2); 69A

Judgement Text

ITA No. 173/KOL/2021 Assessment Year-2017-2018 Shri Manoj Kumar Beria 1 IN THE INCOME TAX APPELLATE TRIBUNAL, ‘A’ BENCH, KOLKATA Before Shri Rajpal Yadav, Vice-President (KZ) & Shri Manish Borad, Accountant Member I.T.A. No. 173/KOL/2021 Assessment Year: 2017-2018 Shri Manoj Kumar Beria,................................................................Appellant Krishna-710 Krishna Building, 224, A.J.C. Bose Road, Minto Park, Kolkata-700017 [PAN: AEDPB6282L] -Vs.- Deputy Commissioner of Income Tax,..........................................Respondent Circle-7(2), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances by: Shri Punit Agarwal, A.R., appeared on behalf of the assessee Shri Biswanath Das, Addl. CIT, appeared on behalf of the Revenue Date of concluding the hearing : March 22, 2022 Date of pronouncing the order: March 23, 2022 O R D E R Per Rajpal Yadav, Vice-President (KZ):- The assessee is in appeal before the Tribunal against the order of ld. Commissioner of Income Tax (Appeals) dated 17 th March, 2021 passed for assessment year 2017-18. 2. The only ground raised by the assessee is that the ld. CIT(Appeals) has erred in confirming the addition of Rs.2,00,000/-, which was added by the ld. Assessing Officer with the aid of section 69A of the Income Tax Act. ITA No. 173/KOL/2021 Assessment Year-2017-2018 Shri Manoj Kumar Beria 2 3. Brief facts of the case are that the assessee has filed his return of income on 01.08.2017. His case was selected for scrutiny assessment. A notice under section 143(2) was issued and served upon the assessee. The Assessing Officer has observed that the assessee has deposited a sum of Rs.2,00,000/- in his Savings Bank Account. He directed the assessee to explain the sources. The assessee has submitted that he was in financial distress and always kept of Rs.2,00,000/- which was deposited on different dates. This explanation was rejected by the ld. Assessing Officer and he made an addition of Rs.2,00,000/-. Appeal to the ld. CIT(Appeals) did not bring any relief to the assessee. 4. With the assistance of ld. representatives, we have gone through the record carefully. In the computation of income, it is discernable that the assessee has declared an income of Rs.6,62,500/-. The Assessing Officer has made an addition of Rs.2,00,000/-. This Rs.2,00,000/- has been deposited on nine occasions in piecemeal during the whole year. To our mind, it is a small amount, which is self-explanatory because this much of amount can be accumulated with any individual from the past savings or it might be lying at home. Therefore, we are satisfied that the assessee who has filed his return of income declaring income of Rs.6,25,000/-. It can be expected that with him or his family members a sum of Rs.2,00,000/- must be kept as cash in hand. Therefore, we allow the appeal of the assessee and delete the addition. 5. In the result, the appeal of the assessee is allowed. Order pronounced in the open Court on March 23 rd , 2022. Sd/- Sd/- (Manish Borad) (Rajpal Yadav) Accountant Member Vice-President (KZ) Kolkata, the 23 rd day of March, 2022 Copies to : (1) Shri Manoj Kumar Beria, Krishna-710 Krishna Building, 224, A.J.C. Bose Road, Minto Park, Kolkata-700017 ITA No. 173/KOL/2021 Assessment Year-2017-2018 Shri Manoj Kumar Beria 3 (2) Deputy Commissioner of Income Tax, Circle-7(2), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 (3) Commissioner of Income Tax (Appeals)- , (4) Commissioner of Income Tax- , (5) The Departmental Representative (6) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S.