Rajiv Kumar Makkar, Fazilka V. Income Tax Officer, Abohar

ITA 231/ASR/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9655 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 28-07-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 18-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P N ARORA
• Keywords: Opportunity of being heard
• Section: 69; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR BEFORE SH. A.D.JAIN, JUDICIAL MEMBER AND SH. T.S. KAPOOR, ACCOUNTANT MEMBER I.T.A NO.231(ASR)/2015 ASSESSMENT YEAR: 2010-11 RAJIV KUMAR MAKKAR, GOVT. HIGH SCHOOL, RAILWAY ROAD, FAZILKA PAN:AIYPM8030E VS. ITO, WARD-II(4), ABOHAR (APPELLANT) (RESPONDENT) APPELLANT BY: SH. P.N. ARORA (ADV.) RESPONDENT BY: SH. RAHUL DHAWAN (DR.) DATE OF HEARING: 28.07.2016 DATE OF PRONO UNCEMENT: 01.08.2016 ORDER PER T. S. KAPOOR (AM): THIS IS AN APPEAL FILED BY ASSESSEE AGAINST THE OR DER OF LEARNED CIT(A), BATHINDA, DATED 30.03. 2015 FOR ASST. YEAR: 2010-11. 2. AT THE OUTSET, THE LEARNED AR SUBMITTED THAT ASS ESSING OFFICER HAD COMPLETED THE ASSESSMENT U/S 144 OF THE ACT AND HAD MADE ADDITION U/S 69 OF THE ACT ON ACCOUNT OF UNEXPLAINED CASH DEPOSI TS IN THE BANK WHICH WAS BAD IN LAW AND ALTERNATIVELY IT WAS SUBMITTED T HAT THE LEARNED CIT(A) HAD CONFIRMED THE ADDITION ON THE BASIS OF PEAK CRE DIT WITHOUT CONSIDERING THE EXPLANATION OF THE ASSESSEE AS THE CASH WAS DEPOSITED ITA NO.231 (ASR)/2015 ASST. YEAR: 2010-11 2 OUT OF SAVINGS OF THE FATHER AND LEARNED CIT(A) ALS O DID NOT PROVIDE SUFFICIENT OPPORTUNITY OF BEING HEARD. 3. THE LEARNED DR, ON THE OTHER HAND, SUPPORTED THE ORDER OF LEARNED CIT(A). 4. WE HAVE HEARD THE RIVAL PARTIES AND HAVE GONE THOROUGH THE MATERIAL PLACED ON RECORD. WE FIND THAT LEARNED CIT(A) HAS P ASSED THE ORDER U/S 144 OF THE ACT AND LEARNED CIT(A) ALLOWED PARTLY RE LIEF TO THE ASSESSEE. BEFORE THE LEARNED CIT(A), THE ASSESSEE SUBMITTED T HAT CASH DEPOSITS IN HIS BANK ACCOUNT WERE SOURCED FROM WITHDRAWALS OUT OF FATHERS SALARY ACCOUNT, AGRICULTURAL INCOME AND PENSION AND COACHI NG INCOME OF FATHER AND WIFE RESPECTIVELY. HOWEVER, THE LEARNED CIT(A) DID NOT ACCEPT THE ARGUMENTS OF THE ASSESSEE, BUT HE ACCEPTED THE FACT THAT SOME WITHDRAWALS WERE MADE BY ASSESSEE AND THEREFORE, HE ALLOWED THE BENEFIT OF WITHDRAWALS AND CONFIRMED THE BALANCE ADDITION. BEFORE US THE ASSESSEE HAS FILED COPIES OF J FORMS IN SUPPORT OF SALE OF AGRICULTURAL PRODUCTS WHICH ARE PLACED AT (PB PAGE 28 TO 33) WHI CH THE LEARNED CIT(A) DID NOT SEEM TO HAVE CONSIDERED, THEREFORE, ASSESSE E DESERVES ANOTHER OPPORTUNITY TO EXPLAIN THE SOURCES OF CASH DEPOSITS IN HIS BANK ACCOUNT AND IN VIEW OF THE ABOVE, WE REMIT THE ISSUE BACK TO THE OFFICE OF ASSESSING OFFICER, WHO ON THE BASIS OF EVIDENCES AN D EXPLANATIONS GIVEN BY ASSESSEE WILL RE-ADJUDICATE ON THE ADDITIONS IF ANY. ITA NO.231 (ASR)/2015 ASST. YEAR: 2010-11 3 5. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE AS SESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 01.0 8.2016. SD/- SD /- (A.D. JAIN) (T. S. KAPOOR) JUDICIAL MEMBER ACCO UNTANT MEMBER DATED: 01.08.2016. /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) THE ASSESSEE: (2) THE (3) THE CIT(A), (4) THE CIT, (5) THE SR DR, I.T.A.T., TRUE COPY BY ORDER