MOHD HANIF SADDIQ QURESHI, MUMBAI V. ITO 21(3)(3), MUMBAI

ITA 1767/MUM/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 71102 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-09-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 14-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M SUBRAMANIAN
• Keywords: Unexplained cash credit; Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SRI H.L. KARWA, PRESIDENT, AND SHRI N.K.BILL AIYA, AM ./ I.T.A. NO. 1767/MUM/2012 ( / ASSESSMENT YEAR : 2008-09) MOHD. HANIF SADDIQ QURESHI 521 GULSHAN SHAH ESTATE 1 ST GALLI, LBS MARG, KURLA (WEST), MUMBAI-400070 / VS. INCOME TAX OFFICER, CRICLE 21(3)(3), MUMBAI !' $ ./ PAN : AAHPM4186C ( '% / APPELLANT ) .. ( &''% / RESPONDENT ) (! ) * / REVENUE BY : SHRI MANVENDRA GOYAL '% ) * / APPELLANT BY : SHRI M. SUBRAMANIAN ) +$ / DATE OF HEARING : 10-09-2013 ,- ) +$ / DATE OF PRONOUNCEMENT : 10 -09-2013 ./ / O R D E R PER N.K. BILLAIYA, AM: THIS APPEAL FILED BY THE ASSESSEE IS PREFERRED AGAI NST THE ORDER OF THE CIT(A)-32, MUMBAI, ORDER IS DATED 04.01.2012 AND PE RTAIN TO A.Y. 2008-09. 2. THE SOLE GRIEVANCES OF THE ASSESSEE IS THAT THE CIT(A) ERRED IN UPHOLDING THE ADDITION OF RS.5 LAKH AS UNEXPLAINED CASH CREDI T. DURING THE COURSE OF THE SCRUTINY ASSESSMENT PROCEEDINGS, THE AO SOUGHT CLA RIFICATION FROM THE ASSESSEE IN RESPECT OF DEPOSITS IN STATE BANK OF IN DIA, KURLA(W), BRANCH. THE ASSESSEE DID NOT RESPOND TO THE QUERY RAISED BY THE AO. THE AO WENT ON TO 2 ITA NO.1767/MUM/2012 MOHD. HANIF SADDIQ QURESHI DISCUSS THE CASH DEPOSITS TO THE TUNE OF RS.10,60,9 14/- IN SAVING BANK ACCOUNT NO.10467847156 OF SBI KURLA ON VARIOUS DATE S, AND ESTIMATED THE UNEXPLAINED CASH DEPOSITS AT RS.5 LAKH AND ACCORDIN GLY ADDED RS.5 LAKH TO THE INCOME AS UNEXPLAINED CASH CREDIT. ASSESSEE CARRIE D THE MATTER BEFORE THE CIT(A), IT WAS CONTENDED BEFORE THE CIT(A) THAT THE SOURCE OF THESE CASH DEPOSITS ARE OUT OF CASH WITHDRAWALS OF RS.10,18,70 0/- ON EARLIER OCCASION FROM THE SAME BANK ACCOUNT. THE CIT(A) OBSERVED TH AT THERE WAS NO DIRECT EVIDENCE TO PROVE THAT THE CASH DEPOSITED IN BANK A CCOUNT WAS OUT OF THE SAME CASH, WHICH WAS WITHDRAWN ON EARLIER DATES. AFTER CONSIDERING THE FACTS AND SUBMISSIONS, THE CIT(A) CONFIRMED THE ASSESSMENT O RDER. 3. AGGRIEVED BY THIS ASSESSEE IS BEFORE US. COUNSE L FOR THE ASSESSEE SUBMITTED A COPY OF REQUEST FOR ADJOURNMENT FILED B EFORE THE CIT(A) ON 10/01/2012. IT IS THE SAY OF THE COUNSEL THAT THE ASSESSEE WAS SURPRISED TO FIND THAT THE CIT(A) HAS ALREADY PASSED THE ORDER O N 04/01/2012 WITHOUT AFFORDING ANY OPPORTUNITY TO THE ASSESSEE TO FILE T HE NECESSARY DETAILS. ACCORDING TO THE COUNSEL THE HEARING WAS POSTED ON 10/01/2012 ON WHICH DATE THE ASSESSEE SHORT ADJOURNMENT BUT TO HIS DISMAY. APPELLATE ORDER WAS ALREADY PASSED. THE COUNSEL REQUESTED TO RESTORE THE ISSUE BACK TO THE FILE OF THE CIT(A) SO THAT THE ASSESSEE CAN FILE THE NECESSARY DETAILS AND EXPLAIN THE SOURCE OF DEPOSITS IN BANK ACCOUNT. THE LD. DR RELIED UPON T HE FINDINGS OF THE LOWER AUTHORITIES. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND CAR EFULLY PERUSED THE ORDERS OF THE LOWER AUTHORITIES AND LETTER OF ADJOU RNMENT BROUGHT ON RECORD. WE FIND FORCE IN THE CONTENTION OF THE COUNSEL, THE REFORE IN THE INTEREST OF JUSTICE AND FAIR PLAY WE RESTORE THIS ISSUE BACK T O THE FILE OF THE CIT(A). THE CIT(A) IS DIRECTED TO CONSIDER THIS ISSUE A AFRESH, AFTER GIVING A REASONABLE AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESS EE. THE ASSESSEE IS DIRECTED TO FILE ALL THE NECESSARY DETAILS IN RELATION TO TH E DEPOSITS IN BANK ACCOUNT. ASSESSEE IS ALSO DIRECTED TO EXPLAIN HIS NATURE OF BUSINESS. 3 ITA NO.1767/MUM/2012 MOHD. HANIF SADDIQ QURESHI 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 10/09 /2013 ./ ) ,- $ 0. 10/09/2013 , - ) 1 SD/- (H.L.KARWA) SD/- (N.K.BILLAIYA) HONBLE PRESIDENT ACCOUNTANT MEMBER MUMBAI; 0. /DATED : 10 TH SEPTEMBER, 2013. SHEKHAR. P.S. ./ ./ ./ ./ ) )) ) &+23 &+23 &+23 &+23 43 + 43 + 43 + 43 + / COPY OF THE ORDER FORWARDED TO : 1. '% / THE APPELLANT 2. &''% / THE RESPONDENT. 3. 5 ( ) / THE CIT- , MUMBAI. 4. 5 / CIT(A)- , MUMBAI 5. 361 &+ , , / DR, ITAT, MUMBAI 6. 17 8 / GUARD FILE. ./ ./ ./ ./ / BY ORDER, '3+ &+ //TRUE COPY// 9 99 9 / : : : : ( ( ( ( (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI