Income Tax Officer, V. Md. Khalil,

ITA 215/RAN/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 0324 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-10-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 12-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHOUDHARY ONAOMDR
• Assessee Lawyers: PANKAJ KEJRIWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI CIRCUIT BENCH, RANCHI BEFORE SHRI N.S. SAINI, HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER ITA NO. 215/RAN/2014 (ASST. YEAR : 2009-10) ITO, WARD-3(2), DEOGHAR. VS. MD. KHALIL, S/O MD. NAVI BAX, DARJI MOHALLA, DANGAL PARA, DUMKA. PAN NO. AHPPK 5606 G (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI PANKAJ KEJRIWAL ADV. DEPARTMENT BY : SHRI CHOUDHARY ONAOMDR DATE OF HEARING : 27/10/2015. DATE OF PRONOUNCEMENT : 27/10/2015. O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS), DHANBAD, DATE D 07/03/2014. 2. THE SOLE GROUND OF APPEAL TAKEN BY THE REVENUE IN THIS APPEAL IS THAT THE COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN DELETING THE ADDITION OF RS. 14,89,500/- ON ACCOUNT OF UNEXPLAIN ED INVESTMENT IN THE FORM OF DEPOSIT IN THE BANK ACCOUNT. 3 . WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE O RDERS OF THE LOWER AUTHORITIES AND THE MATERIALS AVAILABLE ON RE CORD. 4. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESSIN G OFFICER OBSERVED THAT THERE WERE CASH DEPOSITS OF RS. 14,89,500/- IN THE BANK ACCOUNT OF THE ASSESSEE. HE ALSO OBSERVED THAT THE ASSESSEE W AS ENGAGED IN TRADING OF FRUITS AND RETURN OF INCOME HAD BEEN FIL ED UNDER SECTION 44AF OF THE ACT SHOWING NET INCOME @ 10% ON TOTAL TURNOVER OF 2 ITA NO. 215/RAN/2014 RS.17,15,180/-. HE ALSO OBSERVED THAT THE PERSONS WHOSE NAMES ARE MENTIONED IN THE ASSESSMENT ORDER WERE SUPPLIERS OF THE ASSESSEE TO WHOM PAYMENTS HAD BEEN MADE THROUGH BANKING CHANNEL . THE ASSESSING OFFICER DID NOT ACCEPT THE SUBMISSIONS AN D MADE THE ADDITION OF ENTIRE AMOUNT OF DEPOSITS AND CREDIT ON TRANSFER . 5. ON APPEAL, COMMISSIONER OF INCOME TAX (APPEALS) OB SERVED THAT THE ASSESSEE FILED RETURN OF INCOME UNDER SECTION 4 4AF OF THE ACT AS PER THE PROVISIONS OF LAW PROVIDED IN THE ACT. THE TOT AL DEPOSITS IN THE ACCOUNT ARE LESS THAN THE TURNOVER DISCLOSED. THER EFORE, ASSESSEE IS UNDER NO OBLIGATION TO MAINTAIN BOOKS OF ACCOUNT OR EXPLAIN INDIVIDUAL CREDIT OR DEBIT ENTRIES. HENCE, HE DELETED THE ADD ITION MADE BY THE ASSESSING OFFICER. 6 . BEFORE US, DEPARTMENTAL REPRESENTATIVE SUPPORTED THE ORDER OF THE ASSESSING OFFICER. 7 . WE FIND THAT THE DEPARTMENTAL REPRESENTATIVE BESI DES SUPPORTING THE ORDER OF THE ASSESSING OFFICER COULD NOT POINT OUT ANY SPECIFIC ERROR IN THE FINDING OF THE COMMISSIONER OF INCOME TAX (A PPEALS). THEREFORE, WE FIND NO GOOD REASON TO INTERFERE WITH THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) WHICH IS CONFIRMED AND THE GROUND OF APPEAL OF THE REVENUE IS DISMISSED. 8 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE H EARING ON TUESDAY, THE 27 TH DAY OF OCTOBER, 2015 AT RANCHI. SD/- SD/- (GEORGE MATHAN) (N.S.SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 27 TH OCTOBER, 2015. 3 ITA NO. 215/RAN/2014 VR/- COPY TO: 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT 4. THE CIT(A) 5. THE D.R. 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., RANCHI 4 ITA NO. 215/RAN/2014 DATE INITIAL ORIGINAL DICTATION PAD & DRAFT ARE ENCLOSED IN THE FILE 1. DRAFT DICTATED ON 27/10/2015 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 28/10/2015 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 28/10/2015 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 28/10/2015 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 28/10/2015 SR.PS 6. DATE OF PRONOUNCEMENT 27/10/2015 SR.PS 7. FILE SENT TO THE BENCH CLERK 28/10/2015 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER