Smt. Gangabai Shriniwas Tekale, Nanded V. Income-tax Officer, Ward - 4, Nanded

ITA 1805/PUN/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4957 (ITAT-PUNE)
• Duration Of Justice: 8 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 13-08-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 26-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VISHWAS MUNDHE
• Keywords: Set aside
• Section: 40A(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL , VICE PRESIDENT . / ITA NO. 1805 /PUN/20 18 / ASSESSMENT YEAR : 2014 - 15 SMT. GANGABAI SHRINIWAS TEKALE, PROP. G.S. TEKALE COUNTRY LIQUOR SHOP, CL - 3, JAHUR TQ. MUKHED, DIST. NANDED PIN - 431 715 PAN : AEIPT2694F ....... / APPELLANT / V/S. THE INCOME TAX OFFICER, WARD - 4, NANDED. / RESPONDENT A SSESSEE BY : NONE (WRITTEN SUBMISSION) REVENUE BY : SHRI VISHWAS MUNDHE / DATE OF HEARING : 13 .0 8 .2019 / DATE OF PRONOUNCEMENT : 13 .08 .2019 / ORDER PER R.S. SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) - 1, AURANGABAD ON 09.07. 201 8 IN RELATION TO THE ASSESSMENT YEAR 2014 - 15. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST CONFIRMATION OF ADDITION OF RS.5 , 69 , 408/ - MADE BY THE AO U/S.40A(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER CALLED AS THE ACT). 2 ITA NO. 1805 /PUN/20 18 A.Y. 2014 - 15 3. BRIEFLY STATED , RELEVANT FACTS ARE THAT THE ASSESSEE IS ENGAGED IN THE BUSINESS OF DEALING IN COUNTRY LIQUOR. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSEE WAS REQUIRED TO EXPL AIN IF ANY CASH PAYMENTS EXCEEDED THE STATUTORY LIMIT OF RS.20,000/ - . ON VERIFICATION OF CASH BOOK, THE ASSESSING OFFICER OBSERVED THAT CERTAIN CASH PAYMENTS EXCEEDING RS.20,00 0/ - PER DAY WERE MADE, WHICH HAVE BEEN TABULATED AT PAGE 3 OF THE ASSESSMENT ORDER. T HE ASSESSING OFFICER OBSERVED VIOLAT ION OF THE PROVISIONS OF SECTION 40A(3) OF THE ACT TO THE TUNE OF RS.5,69,408/ - . DURING THE COURSE OF HEARING , THE ASSESSEE PRODUCED A NOTHER CASH BOOK SHOWING NO CASH PAYMENT EXCEEDING RS.20,000/ - . THE ASSESSING OFFICER REFUSED TO TAKE COGNIZANCE OF SUCH LATER CASH BOOK AND MADE AN ADDITION OF RS.5,69,408/ - . THE LD. CIT(APPEALS) UPHELD THE ASSESSMENT ORDER ON THIS SCORE. 4 . I HAVE HEARD THE LD. DR AND PERUSED THE RELEVANT MATERIAL ON RECORD. THE ASSESSEE HAS FILED WRITTEN SUBMISSIONS WHICH HAVE TAKEN INTO CONSIDERATION. THE ASSESSEE HAS PLACED ON RECORD ACCOUNTS OF THREE PARTIES I N RESPECT OF WHICH A DDITION U/S.40A(3) OF THE ACT HAS BEEN MADE . THE ASSESSEE HAS PRODUCED ACCOUNTS OF SUCH PARTIES IN HER BOOKS OF ACCOUNT AND CORRESPONDING LY HER ACCOUNT IN THE BOOKS OF SUCH PARTIES, EACH EVIDENCING ALL THE TRANSACTION S OF CASH PAYMENTS BELOW RS.20,000/ - . SINCE SUCH RECORDS WERE NOT PRODUCED BEFORE THE A UTHORITIES BELOW, THE I R AUTHENTICITY IS SUBJECT TO VERIFICATION. UNDER SUCH CIRCUMSTANCES, I SET ASIDE THE IMPUGNED O RDER ON THIS SCORE AND REMIT THIS ISSUE IN ENTIRETY TO THE FILE OF 3 ITA NO. 1805 /PUN/20 18 A.Y. 2014 - 15 ASSESSING OFFICER FOR DECIDING IT AFRESH AS PER LAW AFTER PROVIDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. NEEDLESS TO SAY, THE ASSESSEE SHALL ADDUCE ALL TH E RELEVANT DOCUMENTARY EVIDENCE BEFORE THE AO IN SUPPORT OF HER CASE. 5 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRO NOUNCED ON 13 TH DAY OF AUGUST , 201 9 . SD/ - R . S . SYAL / VICE - PRESIDENT / PUNE; / DATED : 13 TH AUGUST , 201 9 . SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS) - 1, AURANGABAD. 4. THE PR. CIT - 1, AURANGABAD. 5. , , - , / DR, ITAT, SMC BENCH, PUNE. 6. / GUARD FILE. // TRUE COPY // / BY ORDER, / PRIVATE SECRETARY , / ITAT, PUNE . 4 ITA NO. 1805 /PUN/20 18 A.Y. 2014 - 15 * DATE 1 DRAFT DICTATED ON 13.08 .201 9 SR. PS/PS 2 DRAFT PLACED BEFORE AUTHOR 13.08 .2019 SR. PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR. PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR. PS/PS 7 DATE OF UPLOADING OF ORDER SR. PS/PS 8 FILE SENT TO BENCH CLERK SR. PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER