SHRI ASHOK KUMAR JAIN, RAIPUR V. INCOME TAX OFFICER, BHILAI(CG)

ITA 242/BIL/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 60053 (ITAT-RAIPUR)
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 19-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BILASPUR BENCH SMC BILASPUR BEFORE SHRI SHAILENDRA KUMAR YADAV (J.M) ITA NO. 242/BLPR/2010(A.Y.2006-07) SHRI ASHOK KUMAR JAIN, S/O. SHRI HUKUMCHAND JAIN, LALGANGA SHOPPING CHAMBER, G.E.ROAD, RAIPUR (CG) PAN: ADIPJ 2298K (APPELLANT) VS. THE INCOME TAX OFFICER 5, BHILAI (CG) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI M.K.SHARMA, ADDL. CIT DATE OF HEARING : 03/02 /2012 DATE OF PRONOUNCEMENT : ORDER THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER DATED 19/09/2011 OF CIT(A), BILASPUR (CG) FOR THE ASSESSMENT YEAR 200 6-07. THE GROUND OF APPEAL RAISED BY THE ASSESSEE READS AS FOLLOWS: ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE LEARNED CIT(A) HAS ERRED IN CONFIRMING THE ADDITION OF RS. 1,55,800/- BY THE A O ON ACCOUNT OF MISCELLANEOUS RECEIPT WITHOUT CONSIDERING THE FACT THE SAME HAS ALREADY B EEN OFFERED FOR TAXATION BY THE ASSESSEE WHILE FILING THE RETURN OF INCOME. THE AD DITION MADE BY AO AND SUSTAINED BY LD. CIT(A) IS UNJUSTIFIED, UNWARRANTED AND UNCALLED FOR. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE T IME OF HEARING. HOWEVER, AN ADJOURNMENT APPLICATION DATED 31/1/2011 HAS BEEN FI LED ON BEHALF OF THE ASSESSEE, THE SAME IS REJECTED AND I PROCEED TO DECIDE THE A PPEAL ON MERITS. THE BRIEF FACTS ARE THAT THE ASSESSEE DERIVES INCOME FROM PURCHASE AND SALE OF LAND AND PROPERTY, INCOME FROM HOUSE PROPERTY, INTEREST INCOME AND INC OME FROM AGRICULTURAL ACTIVITIES. THE ASSESSEE HAS DISCLOSED IN HIS INCOME AND EXPEN DITURE ACCOUNT, MISCELLANEOUS ITA NO. 242/BLPR/2011(A.Y.2006-07) 2 RECEIPT OF RS. 1,55,800/-. THE NATURE OF RECEIPTS WAS SAID TO BE THE SALE PROCEEDS OF OLD HOUSEHOLD ITEMS FOR WHICH PROPER BILLS AND VOU CHERS ARE NOT AVAILABLE. THE RECEIPTS BEING NOT AMENABLE TO VERIFICATION THE AO ADDED THE SAID SUM TO THE RETURNED INCOME AND THE SAME HAS BEEN CONFIRMED BY THE CIT(A) . 3. BEING AGGRIEVED THE ORDER OF CIT(A) THE ASSESSE E IS IN APPEAL BEFORE THE TRIBUNAL. THE STAND OF THE ASSESSEE BEFORE AUTHOR ITIES BELOW WAS THAT THE AMOUNT OF ADDITION HAS BEEN MADE PART OF THE RETURNED INCO ME WHICH WAS OFFERED FOR TAXATION UNDER THE HEAD MISCELLANEOUS RECEIPTS AND THE AO AS WELL AS CIT(A) WAS NOT JUSTIFIED IN REJECTING THE CONTENTION REGARDING SALE OF HOUS EHOLD GOODS AND RECEIPT THEREFROM. ON THE OTHER HAND, LD. D.R SUPPORTED THE ORDERS OF THE AUTHORITIES BELOW AND SUBMITTED IN THE ABSENCE OF PROPER BILLS AND VOUCH ERS THE IMPUGNED ADDITION WAS MADE BY AO AND CONFIRMED THE CIT(A). 4. AFTER HEARING THE LD.D.R AND PERUSING THE MAT ERIAL ON RECORD I FIND THAT THE ASSESSEE HAS ACCOUNTED THE RECEIPTS IN QUESTION FO R THE PURPOSE OF TAXATION. MOREOVER, ONCE THERE IS A STAND OF ASSESSEE THAT T HE ABOVE SAID RECEIPTS ARE OUT OF SALE PROCEEDS OF HOUSEHOLD ITEMS IT SHOULD NOT BE DEMOLISHED MERELY IN THE ABSENCE OF VOUCHERS AND BILLS FOR THE TRANSACTION BECAUSE HOUSEL ITEMS ARE NORMALLY NOT SOLD AT THE STRENGTH OF BILLS AND VOUCHERS AND IN VIEW OF THE ABOVE AND SEEING THE MEAGERNESS OF THE AMOUNT THE ADDITION IN QUESTION IS DIRECTED TO BE DELETED. IT IS PERTINENT TO MENTION HERE THAT EVERY CASE IS DECID ED IN ITS OWN FACTS AND CIRCUMSTANCES AND THAT WILL NOT BE A PRECEDENT APP LICABLE FOR OTHER CASES. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DAY OF FEB. 2012. SD/- ) (SHAILENDRA KUMAR YADAV) JUDICIAL MEMBER BILASPUR, DATED. FEB. 2012 ITA NO. 242/BLPR/2011(A.Y.2006-07) 3 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3 . THE CIT CITY CONCERNED 4. THE CIT(A)- CONCERNED 5. THE D.R BILASPUR BENCH. (TRUE COPY) BY ORDER SR. PRIVATE SECRETARY, ITAT, BILASP UR BENCH BILASPUR VM. ITA NO. 242/BLPR/2011(A.Y.2006-07) 4 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 3/2/2012 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 6/2/2012 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER