NEHA GOYAL, Ajmer V. ITO, Ajmer

ITA 261/JPR/2015

• Counselvise Citation: 26123114 RSA 2015
• Duration Of Justice: 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 18-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P BHATEJA
• Assessee Lawyers: SUDHIR SOGANI
• Section: 148

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES SMC, JAIPUR JH IH-DS-CALY] YS[KK LNL; DS LE{K BEFORE: SHRI P.K. BANSAL, ACCOUNTANT MEMBER VK;DJ VIHY LA- @ ITA NO. 261/JP/2015 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2010-11 NEHA GOYAL, 9-10, JEEVANDEEP COLONY, AJMER. CUKE VS. INCOME TAX OFFICER, WARD 2(1), AJMER. LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: ARTPG 9978 K VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT VK;DJ VIHY LA- @ ITA NO. 262/JP/2015 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2010-11 NIKHIL GOYAL, 9-10, JEEVANDEEP COLONY, AJMER. CUKE VS. INCOME TAX OFFICER, WARD 2(1), AJMER. LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: AMYPG 7991 G VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI SUDHIR SOGANI (ADV) JKTLO DH VKSJ LS @ REVENUE BY : SHRI O.P. BHATEJA (ADDL.CIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 05/11/2015 MN?KKS'K .KK DH RKJH[ K @ DATE OF PRONOUNCEMENT : 06/11/2015 ITA 261 & 262/JP/2015_ NEHA GOYAL VS. ITO 2 VKNS'K @ ORDER PER P.K. BANSAL, A.M. BOTH THE APPEALS FILED BY THE ASSESSEES ARISE AGAI NST THE ORDERS DATED 30/12/2014 PASSED BY THE LEARNED CIT (A), AJME R FOR A.Y. 2010-11. 2. SINCE IN BOTH THE CASES, ISSUE INVOLVED IS COMMO N, THEREFORE, BOTH THESE APPEALS ARE DISPOSED OF BY THIS COMMON ORDER. 3. BOTH THE PARTIES AGREED THAT BOTH THE APPEALS BE DECIDED ON THE BASIS OF FACTS INVOLVED IN THE CASE NEHA GOYAL. 4. THE ONLY ISSUE INVOLVED IN THE APPEAL OF NEHA GOY AL IS AGAINST SUSTENANCE OF ADDITION OF RS. 1,01,000/-. THE LD ASS ESSING OFFICER NOTED THAT THE ASSESSEE HAS DEPOSITED A SUM OF RS. 4.08 L ACS IN THE BANK ACCOUNT IN THE MONTH OF OCTOBER, 2009. HE ACCORDINGLY, INIT IATED THE PROCEEDING U/S 148 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). THE ASSESSEE SUBMITTED THAT A SUM OF RS. 3.07 LACS EARNED DURING THE IMPUGNED ASSESSMENT YEAR FROM THE BANK INTEREST AND A SUM OF RS. 1.05 LACS WAS CASH IN HAND AS ON 31 ST MARCH, 2009 BUT THE LD ASSESSING OFFICER DID NOT ACCEPT THE OPENING BALANCE AND, THEREFORE, MADE THE ADDITION OF RS. 1.01 LACS AND SAME WAS CONFIRMED BY THE LD CIT(A). 5. I HAVE HEARD THE RIVAL SUBMISSIONS OF BOTH THE P ARTIES AND CAREFULLY CONSIDERED THE SAME ALONWITH ORDERS OF THE TAX AUTHO RITIES BELOW, I NOTED ITA 261 & 262/JP/2015_ NEHA GOYAL VS. ITO 3 THAT THE ASSESSEE HAS SUBMITTED COPY OF THE CAPITAL GAIN AND BALANCED SHEET FOR THE ASSESSMENT YEAR 2009-10 ALONGWITH THE RETURN AND THE BALANCE SHEET OF THE ASSESSEE, SHOWS CASH IN HAND AT RS. 1.05 LACS AS ON 31/3/2009. THIS IN MY OPINION IS SUFFICIENT TO COVER UP THE OPENING CASH OF RS. 1.01 LACS ADDED BY THE ASSESSING OFFICER. I, AC CORDINGLY DELETE THE SAID ADDITION. 6. SIMILARLY I NOTED THAT IN THE CASE OF NIKHIL GOY AL AN ADDITION OF RS. 1.16 LACS WAS MADE BUT IN THE BALANCE SHEET AS ON 31 /3/2009, SHRI NIKHIL GOYAL WAS HAVING CASH IN HAND AT RS. 1.20 LACS, WHIC H WAS SUFFICIENT TO COVER UP THE SUM OF RS. 1.16 LACS. THE ADDITION IN T HIS CASE ALSO IS SO DELETED. 7. IN THE RESULT, BOTH THE APPEALS OF ASSESSEES STA ND ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 06/11/2015. SD/- IH-DS-CALY (P.K. BANSAL) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ @ JAIPUR FNUKAD @ DATED:- 06 TH NOVEMBER, 2015 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- (I) MISS NEHA GOYAL, AJMER. (II) SHRI NIKHI GOYAL, AJMER. 2. IZR;FKHZ @ THE RESPONDENT- THE ITO, WARD 2(1), AJMER ITA 261 & 262/JP/2015_ NEHA GOYAL VS. ITO 4 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDR @ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 261 & 262/JP/2015) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR