SHRI RAMA DHIN PRASAD , HZB V. ITO WD-2(1), HZB

ITA 184/RAN/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8732 (ITAT-RANCHI)
• Duration Of Justice: 9 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 11-06-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: P K MONDAL J
• Assessee Lawyers: RAJIV RANJAN MITTAL
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH SMC RANCHI BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.184/RAN/2018 ASSESSMENT YEAR:2010-11 RAMADHIN PRASAD YASWANT NAGAR, NEAR MARKHAM COLLEGE, BARKAGOAN ROAD, HAZARIBAGH-825301 [ PAN NO.ACUPP 8998 G ] / V/S . INCOME TAX OFFICER, WQARD-2(1), HAZARIBAGH /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI RAJIV RANJAN MITTAL, CA /BY RESPONDENT SHRI P.K. MONDAL, JCIT-DR /DATE OF HEARING 11-01-2019 /DATE OF PRONOUNCEMENT 08-04-2019 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2010-11, ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-HAZARIBAGHS O RDER DATED 18.04.2018 PASSED IN CASE NO.10029/HZB/2017-18, INVOLVING PROCEEDING S U/S. 147 R.W.S.143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES SOLE SUBSTANTIVE GROUND SEEKS TO REVERSE BOTH THE LOWER AUTHORITIES ACTION ADDING HIS ENTIRE CASH DEPOSITS OF 5 LAC MADE IN AXIS BANK ACCOUNT. HIS ONLY PLEA DURING THE COURSE OF HEARING IS THAT HE HAS BEEN CARRYING FORWARD HIS PAST SAVINGS IN THE NATURE OF CASH-IN-HAND. IT FURTHER E MERGES THAT ASSESSEE HAS RETIRED AS STATE GOVERNMENT EMPLOYEE AS WELL. THE FACT ALSO RE MAINS THAT HE HAS NOT PLACED ON ITA NO.184/RAN/2018 A.Y. 2010-11 RAMADHIN PRASAD VS. ITO WD-2(1),HZ B PAGE 2 RECORD EITHER HIS CASH-IN-HAND DETAILS OF CASH FLOW STATEMENT. I TAKEN INTO ACCOUNT ALL THESE PECULIAR FACTS TO CONCLUDE THAT A LUMP SUM AD DITION OF 2.50 LAC INSTEAD OF 5 LAC IN ISSUE WOULD BE JUST AND PROPER. ORDERED ACCORDI NGLY. 3. THIS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOV E TERMS. ORDER PRONOUNCED IN ACCORDANCE WITH RULE 34(4) OF T HE ITAT RULES BY PUTTING ON NOTICE BOARD ON 08/04/2019 SD/- (S.S. GODARA) JUDICIAL MEMBE R RANCHI, *DKP/SR.PS - 08/04/2019 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-RAMADHIN PRASAD, YASWANT NAGAR, NEAR MAR KHAM COLLEGE BARKAGOAN ROAD , HAARIBAGH-825301 2. /RESPONDENT-INCOME TAX OFFICER, WARD-2(1), HAZARIBA GH 3. $ ' / CONCERNED CIT 4. ' - / CIT (A) 5. ( ++$ , $ / DR, ITAT, RANCHI 6. - / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR. PRIVATE SECRETARY/P.S $,