ANITA S. KATARA, MUMBAI V. ITO 19(3)(1), MUMBAI

ITA 1788/MUM/2013

• Counselvise Citation: 178819914 RSA 2013
• Duration Of Justice: 2 year(s) 3 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 08-06-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 06-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JEEVANLAL LAVIDIYA
• Assessee Lawyers: MRUGAKSHI K JOSHI
• Keywords: Unexplained cash credit; Gift; Additional evidence
• Section: 68

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A MUMBAI . . , . , BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI D.KARUNAKARA RAO, ACCOUNTANT MEMBER . / ITA NO.1788/MUM/2013 / ASSESSMENT YEAR 2006-07 MRS. ANITA S. KATARA, 1205-C WING, RAHEJA SHERWOOD, NEAR NSE GROUNDS, GOREGAON (EAST), MUMBAI 400063 / VS. THE ITO-19(3)(1), 3 RD FLOOR, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI 400063 ./ ./ PAN/GIR NO. : AHBPK0947N ( / APPELLANT ) .. ( / RESPONDENT ) APPELLANT BY MS. MRUGAKSHI K. JOSHI RESPONDENT BY SHRI JEEVANLAL LAVIDIYA ' # $ / DATE OF HEARING : 08/06/2015 ' # $ / DATE OF PRONOUNCEMENT : 08/06/2015 / O R D E R PER I.P.BANSAL, J.M: THIS IS AN APPEAL FILED BY THE ASSESSEE AND IT IS DIRECTED AGAINST ORDER PASSED BY LD. CIT(A) -18, MUMBAI DATED11.01.2013 FO R ASSESSMENT YEAR 2006- 07. GROUNDS OF APPEAL READ AS UNDER: ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW: 1. THE LEARNED CIT(A) ERRED IN UPHOLDING THE PENAL TY LEVIED BY THE LEARNED ASSESSING OFFICER OF RS.3,67,985/- U/S.271(1)(C) OF THE INCOME TAX ACT, 1961, IN RESPECT OF DISALLOWANCE OF GENUINE GIFTS RECEIVED B Y THE ASSESSEE FROM HER SISTER, UNDER SECTION 68 OF THE INCOME TAX ACT, 1961. 2. THE IMPUGNED PENALTY HAS BEEN LEVIED ON THE ADDI TION OF RS.7,90,000/- AND RS.1,55,000/-, WHICH WERE ADDED TO THE INCOME O F THE ASSESSEE BEING UNEXPLAINED CASH CREDIT. . / ITA NO.1788/MUM/2013 / ASSESSMENT YEAR 2006-07 2 3. DURING THE COURSE OF HEARING, IT WAS BROUGHT TO OUR NOTICE THAT THE IMPUGNED ADDITION ON WHICH THE PENALTY HAS BEEN L EVIED WAS SET ASIDE BY THE TRIBUNAL TO THE FILE OF AO VIDE ORDER DATED 21/2/20 12 IN ITA NO.3294/MUM/2011 WITH THE FOLLOWING OBSERVATIONS: 3. WE HAVE CONSIDERED THE ISSUE AND ARE OF THE OPIN ION THAT THE MATTER IS TO BE RE- EXAMINED BY THE ASSESSING OFFICER AFRESH. THE CONTE NTION THAT THE PROVISIONS OF SECTION 56(1)(V) REGARDING THE AMOUNT RECEIVED FROM THE RELATIVE WAS NOT THERE BEFORE REVENUE AUTHORITIES. MOREOVER IT IS TO BE ES TABLISHED THAT THE PERSON WHO GIFTED MONEY IS ASSESSEES SISTER AS CLAIMED. IT WA S ALSO TO BE ESTABLISHED THAT THE SAID SISTER IS WORKING AS DENTIST IN U.K. THE A UDIT CERTIFICATE PLACED BEFORE THE CIT (A) WITH REFERENCE TO THE CREDITWORTHINESS SHOU LD HAVE BEEN ADMITTED AND EXAMINED BY THE CIT (A) WHICH WAS NOT DONE. THEREFO RE, WITHOUT GOING TO THE MERITS OF VARIOUS CLAIMS, WE RESTORE THE ISSUE TO T HE FILE OF THE ASSESSING OFFICER TO CONSIDER THE ADDITIONAL EVIDENCE FILED BEFORE THE C IT (A) AND ALSO EXAMINE OTHER CONTENTIONS AFRESH. THE ASSESSEE IS DIRECTED TO FUR NISH THE NECESSARY EVIDENCE TO THE ASSESSING OFFICER TO SUBSTANTIATE THE CLAIMS. N EEDLESS TO STATE THAT ADEQUATE OPPORTUNITY SHOULD BE GIVEN TO ASSESSEE IN THE CONS EQUENTIAL ASSESSMENT PROCEEDINGS. WITH THESE DIRECTIONS THE ISSUE OF GIF T IS RESTORED TO THE FILE OF THE ASSESSING OFFICER TO EXAMINE AFRESH ON THE BASIS OF FACTS AND LAW. 4. IT WAS FURTHER BROUGHT TO OUR NOTICE THAT IN PURSUANCE TO AFOREMENTIONED ORDER OF THE TRIBUNAL, THE AO HAS CONSIDERED THIS ISSUE AN D AFTER EXAMINING THE EVIDENCE SUBMITTED BY THE ASSESSEE ADDITION HAS BEEN DELETED A ND RETURNED INCOME OF THE ASSESSEE HAS BEEN ACCEPTED. REFERENCE IN THIS REGAR D WAS MADE TO ORDER PASSED BY AO DATED 30/11/2012, COPY OF WHICH WAS PLACED ON OUR R ECORD AND WAS ALSO GIVEN TO LD. DR. 5. IN THIS VIEW OF THE SITUATION, AFTER HEARING BOTH THE PARTIES WE DELETE THE IMPUGNED PENALTY AND APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 08/06/2015 ' )* + , 08/06/2015 ' SD/- S D/- ( . / D.KARUNAKARA RAO ) ( . . / I.P. BANSAL ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER ) MUMBAI; + DATED 08/06/2015 . / ITA NO.1788/MUM/2013 / ASSESSMENT YEAR 2006-07 3 ! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. /# ( ) / THE CIT(A)- 4. /# / CIT 5. 01 #23 , $ 23 , ) / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, 0# # //TRUE COPY// / (DY./ASSTT. REGISTRAR) , ) / ITAT, MUMBAI . . ./ VM , SR. PS