Debajeet Narzary, New Delhi V. ITO, New Delhi

ITA 2549/DEL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3719 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 28-04-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: T VASANTHAN
• Assessee Lawyers: K K SAMANTARAY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT ITA NO.2549/DEL/2017 ASSESSMENT YEAR : 2010-11 DEBAJEET NARZARY, A-145, GROUND FLOOR, RAMA PARK, UTTAM NAGAR, NEW DELHI. PAN: ADTPN2026M VS. ITO, WARD-61(4), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI K.K. SAMANTARAY, CA DEPARTMENT BY : SHRI T. VASANTHAN, SR. DR DATE OF HEARING : 18.10.2017 DATE OF PRONOUNCEMENT : 18.10.2017 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST OR DER PASSED BY THE LD. CIT(A) ON 31.01.2017 IN RELATION TO THE ASSESSM ENT YEAR 2010-11. ITA NO.2549/DEL/2017 2 2. THE ASSESSEE IS AGGRIEVED AGAINST THE CONFIRM ATION OF ADDITION OF RS.4,40,806/-,BEING, CASH DEPOSITED IN BANK WHICH H AS BEEN TREATED AS UNEXPLAINED. 3. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT T HE ASSESSEE DEPOSITED CERTAIN AMOUNTS IN HIS BANK ACCOUNTS MAINTAINED WIT H ICICI BANK AND KOTAK MAHINDRA BANK LTD., AS UNDER:- DATE OF TRANSACTION AMOUNT CREDITED [IN RS.] NATURE OF ENTRY 28/10/2009 97,306 CREDIT ENTRY 06/02/2010 49,500 CASH DEPOSIT 08/03/2010 49,000 CASH DEPOSIT 09/03/2010 49,000 CASH DEPOSIT 30/03/2010 49,000 CASH DEPOSIT TOTAL 2,93,806/- DATE OF DEPOSIT AMOUNT DEPOSITED IN CASH [IN RS.] 08/03/2010 49,000 09/03/2010 49,000 30/03/2010 49,000 TOTAL 1,47,000/- 4. IN THE ABSENCE OF ANY SATISFACTORY REPLY FILED BY THE ASSESSEE IN SUPPORT OF THE CASH DEPOSITS, THE ASSESSING OFFICER MADE ADDITION FOR A ITA NO.2549/DEL/2017 3 SUM OF RS.4,40,806/- BEING SUM TOTAL OF THE ABOVE T WO TABLES. THE LD. CIT(A) CONFIRMED THE ADDITION. 5. I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE RELEVANT MATERIAL ON RECORD. THERE ARE FOUR CASH DEPOSITS O F RS.49,000/- EACH ON 08.03.2010 AND 09.03.2010. THE ASSESSEE SUBMITTED THAT SUCH TOTAL SUM OF RS.1.96 LAC WAS DEPOSITED ON RECEIPT FROM HIS M OTHER. PAGE 48 OF THE PAPER BOOK IS A COPY OF BANK ACCOUNT OF THE ASSESSE ES MOTHER, WHICH IS A RUNNING ACCOUNT HAVING SEVERAL TRANSACTIONS. THE ASSESSEES MOTHER IS AN EMPLOYEE. OUT OF DEPOSITS AGGREGATING OVER A PE RIOD, SHE WITHDREW A SUM OF RS.2 LAC ON 08.03.2010, WHICH HAS BEEN CLAIM ED AS THE SOURCE OF THE DEPOSIT BY THE ASSESSEE IN HIS BANK ACCOUNT TO THE TUNE OF RS.1,96,000/-. I, THEREFORE, TREAT THIS SOURCE AS E XPLAINED AND ORDER FOR THE DELETION OF ADDITION TO THE EXTENT OF RS.1.96 L AC. 6. THERE ARE OTHER THREE ENTRIES: (I) OF RS.49,500/ -, BEING, CASH DEPOSITED ON 06.02.2010; AND (II) TWO ENTRIES OF CA SH DEPOSIT OF RS.49,000/- EACH ON 30.03.2010. THE LD. AR HAS PLA CED ON RECORD WITHDRAWALS MADE BY THE ASSESSEE FROM HIS BANK ACCO UNTS TO THE TUNE OF ITA NO.2549/DEL/2017 4 RS.8,31,900/-, A PART OF WHICH TOTALING TO RS.1,47, 500/- BEING THE TOTAL OF THE ABOVE THREE TRANSACTIONS WAS RE-DEPOSITED. SIN CE THE AMOUNT OF WITHDRAWALS IS MUCH MORE THAN THE AMOUNT OF RE-DEPO SITS AND THE REVENUE HAS BROUGHT ANY MATERIAL ON RECORD THAT THE ENTIRE AMOUNT WITHDRAWN WAS SPENT ELSEWHERE, I ACCEPT THE ASSESSE ES EXPLANATION TO THIS EXTENT. THEREFORE, ADDITION TO THE TUNE OF RS .1,47,500/- IS DELETED. 7. THE LD. AR DID NOT PRESS FOR THE REMAINING AD DITION OF RS.97,306/-, WHICH IS HEREBY CONFIRMED. 8. IN THE RESULT, THE APPEAL FILED BY THE ASS ESSEE IS PARTLY ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 18.10.201 7. SD/- [R.S. SYAL] VICE PRESIDENT DATED, 18 TH OCTOBER, 2017. DK ITA NO.2549/DEL/2017 5 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.