Shri Ashok Kumar, Kaithal V. ITO-Ward-2, Kaithal

ITA 263/CHANDI/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5745 (ITAT-CHANDIGARH)
• Duration Of Justice: 10 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-04-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 03-03-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 09-06-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHOK KHANNA
• Keywords: Gift; Additional evidence; Set aside
• Section: 13; 69; 148

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BE NCH SMC CHANDIGARH , ! BEFORE: SMT. DIVA SINGH, JM ./ ITA NO. 263/CHD/2020 / ASSESSMENT YEAR : 2011-12 SHRI ASHOK KUMAR, S/O SHRI PURSHOTTAM DASS, VILLAGE FATEHPUR, NEAR VAYAS SWEET HOUSE, KAITHAL. VS THE ITO, WARD-2, KAITHAL. ./ PAN NO: AMYPK7588F / APPELLANT / RESPONDENT / ASSESSEE BY : NONE / REVENUE BY : SHRI ASHOK KHANNA, ADDL.CIT ! ' # / DATE OF HEARING : 03.03.2021 $%&' # / DATE OF PRONOUNCEMENT : 30.04.2021 HEARING CONDUCTED VIA WEBEX '# / ORDER THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE WHEREIN THE CORRECTNESS OF THE ORDER DATED 12.03.20 20 OF CIT(A) KARNAL PERTAINING TO 2011-12 ASSESSMENT YEA R IS ASSAILED ON VARIOUS GROUNDS. THESE READ AS UNDER : 1. BECAUSE THE ACTION IS UNDER CHALLENGE ON FACTS & LA W FOR CONCLUDING THE REASSESSMENT U/S 147/148 THAT AN AMO UNT OF RS. 28,52,200/-. 2. BECAUSE THE ACTION FOR UPHOLDING THE ADDITION OF RS . 27,00,000/- AS CONCEALED INCOME U/S 69 IS UNDER CHALLENGE ON FA CTS & LAW INSPITE OF THE STATEMENT OF THE BRANCH MANAGER AND THE REPRESENTATION TO THE CHAIRMAN OF PUNJAB NATIONAL B ANK NOT FINDING ANY CONSIDERATION IN THE CONCLUSIONS. ITA-263/CHD/2020 A.Y. 2011-12 PAGE 2 OF 14 3. BECAUSE IN ACCORDANCE WITH THE SECTION 250(4) OF TH E ACT THERE IS MISUSE OF THE POWERS BY THE CIT(A) BY NOT CONSIDERI NG THE MATERIAL FACTS, CONTAINING MATERIAL PARTICULARS ON RECORD FO R ADJUDICATING THE CONTROVERSY IN HAND. 4. BECAUSE THE REMAND REPORT OF THE ASSESSING OFFICER SUBSTANTIATED WITH THE STATEMENT OF THE BANK MANAGER BEING A 3 RD PARTY ITSELF JUSTIFIES & REVEALS THE CONTENTION OF THE ASSESSEE TO BE CORRECT AND REQUIRING EXAMINATION BY THE ASSESSING OFFICER/ CIT (A). 5. BECAUSE THE PRAYER IS FOR KINDLY ALLOWING ANY ADDIT ION, MODIFICATION, DELETION, AMENDMENT IN THE GROUNDS OF APPEAL ALONG WITH THE CONSEQUENTIAL BENEFIT THEREON BEFORE THE D ISPOSAL OF THE APPEAL IN THE INTEREST OF SUBSTANTIAL JUSTICE FOR A DECISION IN ACCORDANCE WITH LAW. 2. AT THE TIME OF HEARING, AN ADJOURNMENT APPLICATI ON WAS MOVED ON BEHALF OF THE ASSESSEE. NONE WAS PRESENT IN SUPPORT THEREOF. HOWEVER, CONSIDERING THE MATERIAL AVAILAB LE ON RECORD, IT WAS DEEMED APPROPRIATE TO PROCEED WITH THE PRESENT APPEAL EX- PARTE QUA THE ASSESSEE APPELLANT ON MERITS AFTER HE ARING THE LD. SR.DR. 3. THE RELEVANT FACTS OF THE CASE ARE THAT IN VIEW OF CASH DEPOSITS MADE IN ASSESSEE'S SAVING BANK ACCOUNT NO.0660000100036648 MAINTAINED WITH PUNJAB NATIONAL BANK, FATEHPUR AN ADDITION OF RS. 27 LACS WAS MADE BY TH E AO. 4. THE ASSESSEE CHALLENGED THIS ADDITION BEFORE THE CIT(A) STATING THAT THE AMOUNT HAD NOT BEEN DEPOSITED BY H IM. THE DEPOSITS WERE STATED TO BE DEPOSITS UNAUTHORIZED BY THE ASSESSEE. CONSIDERING POSSIBLY THE NARRATIONS IN THE BANK ACC OUNT, IT WAS SUBMITTED THAT PROBABLY SOME BANK PERSONNEL MISUSED THE ITA-263/CHD/2020 A.Y. 2011-12 PAGE 3 OF 14 ASSESSEE'S BANK ACCOUNT BY DEPOSITING THE CASH AMOU NT BY WAY OF A SINGLE VOUCHER. IT WAS POINTED OUT THAT WHILE AC CEPTING THE DEPOSIT, THE BANK OFFICIALS DID NOT RECORD THE DETA ILS OF THE SPECIFIC CURRENCY DENOMINATIONS BEING DEPOSITED AND ALSO FAILED TO RECORD THE DETAILS OF THE ADDRESS, PAN ETC. OF T HE DEPOSITOR. IT WAS POINTED OUT THAT THE CASH DEPOSITS WERE ACCEPTE D WITHOUT FOLLOWING THESE PROTOCOLS. A PERUSAL OF THE IMPUGNE D ORDER SHOWS THAT IT WAS STATED THAT; THE CASH DEPOSIT SLIP DT. 31.12.2010. PG.2 OBTAINED ' FROM PNB BANK DURING ASSESSMENT PROCE EDINGS & SUBMITTED BEFORE AO CLEARLY MENTIONS' THAT THERE IS A SINGLE CASH DEPOSIT SLIP OF RS. 27,00,000/- WITHOUT ANY DETAILS OF CURRENCY & WITHOUT ANY ADDRESS OF DEPOSITOR. MOREOVER, NO PAN DETAILS OF ASSESSEE HAS BEEN MENTIONED ON CASH DEPOSIT SLIP WH ICH IS MANDATORY FOR ANY CASH DEPOSIT OVER RS. 50,000/-. F URTHER TO SUBMIT THAT ASSESSEE HAS NOT ISSUED ANY CHEQUE FOR WITHDRA WAL OF ANY AMOUNT ON DT. 01.01.2011. IT IS HUMBLY SUBMITTED TH AT NO WITHDRAWAL OF HUGE AMOUNT CAN BE MADE WITHOUT ISSUING CHEQUE H ENCE, THIS CLEARLY SHOWS THAT DEPOSIT & WITHDRAWALS HAVE BEEN MADE BY SOMEONE ELSE ON BEHEST OF BANK AUTHORITY & NOT BY A SSESSEE. 4.1 IT WAS SUBMITTED THAT SINCE THE DEPOSITS WERE N OT MADE BY THE ASSESSEE AND ULTIMATELY TRANSFERRED VIDE INTERN AL BANK TRANSFER, ENTRIES IN ACCOUNT NO. 0904000210151272 T HE SAID ACCOUNT HOLDER CONSEQUENTLY WAS THE POSSIBLE BENEFI CIARY AND THE ASSESSEE WAS NOT ANSWERABLE FOR THE SAME. THE A CCOUNT ITA-263/CHD/2020 A.Y. 2011-12 PAGE 4 OF 14 HOLDER OF THE SPECIFIC BANK ACCOUNT COULD BE ANSWER ABLE. IT WAS STATED, IN VIEW OF ABOVE SUBMISSIONS, IT IS PRAYED THAT ENQUIRY BE MADE T O FIND OUT THE REAL OWNE R /BENEFICIARY OF SA ID TRANSACTIONS. 4.2 IT IS FURTHER SEEN THAT THE ASSESSEE RELIED UPO N THE FACT THAT THE AMOUNT STOOD WITHDRAWN BY WAY OF TRANSFER ENTRI ES TO ANOTHER ACCOUNT OF SOME OTHER PERSON WHOSE PARTICULARS WERE KNOWN TO THE BANK ITSELF. IT WAS ARGUED THAT THE DETAILS OF THIS ACCOUNT HOLDER NO. 0904000210151272 WAS WITH THE BANK, AS S UCH THE ADDITION IN ASSESSEE'S HAND WAS SAID TO BE NOT MAIN TAINABLE. A PERUSAL OF THE SUBMISSIONS EXTRACTED IN PAGE 4 OF T HE IMPUGNED ORDER SHOWS THAT IT WAS STATED, FURTHER TO SUBMIT THAT THERE IS TRANSFER ENTRY OF DEPOSIT AMOUNTING TO RS.17,70,000 /- ON DR. 31.12.2010 & SIMILARLY .AMOUNT WITHDRAWN & TRANSFER RED TO ACCOUNT NO. 0904000210151272, AMOUNTING RS- 4,50,00 0/- ON SAME DAY DT.31.12.2010 & BALANCE AMOUNT WITHDRAWN THROUGH TRANSFER ENTRY OF RS-13,20,000/ -ON DT .01.01.2011.THE VERY NEXT DATE. THE SAID ENTRIES AR E SIMILARLY UNAUTHORIZED TRANSACTIONS (SUPRA). THE SAID ENTRIES ARE SIMILARLY UNAUTHORIZED TRANSACTION ARE EASILY TRACE ABLE AS THE SAME ARE TRANSFER ENTRIES & THE REAL BENEFICIAR Y OF SAID TRANSACTIONS ARE THE ACCOUNT HOLDER OF TRANSFEROR O F AMOUNT TO ASSESSEES ACCOUNT & TRANSFEREE OF WITHDRAWN AMO UNT FROM ASSESSEE'S ACCOUNT . ITA-263/CHD/2020 A.Y. 2011-12 PAGE 5 OF 14 (EMPHASIS SUPPLIED) 4.3 IT IS ALSO SEEN THAT THE ASSESSEE ALSO RELIED U PON THE LETTER WRITTEN TO PNB CHAIRMAN STATING MORE OR LESS THE AB OVE FACTS. COPY OF WHICH WAS STATED TO HAVE BEEN MADE AVAILABL E TO THE CIT(A) AT PAPER BOOK PAGE 9 REQUESTING THE SAID AUT HORITY TO ALSO MAKE AN ENQUIRY REGARDING UNAUTHORIZED DEPOSIT AND WITHDRAWAL OF AMOUNT FROM HIS BANK ACCOUNT. 4.4 THE LACK OF PAN DETAIL OF THE PERSON DEPOSITI NG THE MONEY WAS ALSO HIGHLIGHTED. 4.5 THE ASSESSEE AS PER RECORD ALSO REQUESTED THE TAX AUTHORITIES TO MAKE ENQUIRY ABOUT THE REAL OWNER/BE NEFICIARY OF THE SAID TRANSACTIONS. 5. IT IS SEEN THAT THE FIRST APPELLATE AUTHORITY IN STEAD RELYING UPON THE REMAND REPORT OF THE AO EXTRACTED IN PARA 3.2 OF THE IMPUGNED ORDER AT PAGES 5 & 6 CONFIRMED THE ADDITIO N IN THE HANDS OF THE ASSESSEE. THE SPECIFIC REMAND REPORT EXTRACTED IN THE ORDER READS AS UNDER : 2. IN THIS CONNECTION, BRIEF FACTS ARE THAT THE CASE OF THE ASSESSES WAS TAKEN INTO SCRUTINY BY ISSUE OF NOTICE U/S 148 OF T HE I.T. ACT, 1961 TO EXAMINE THE SOURCE OF CASH DEPOSIT OF RS. 35,90,000 /- MADE DURING THE F.Y. 2010-11 IN HIS BANK ACCOUNT MAINTAINED WITH PUNJAB NATIONAL BANK, VILLAGE FATEHPUR, DISTT. KAITHAL. IN RESPONSE TO NO TICE U/S 148, THE ASSESSEE FILED RETURN OF INCOME DECLARING INCOME OF RS. 1,52 ,000/- 3 DURING THE COURSE OF ASSESSMENT PROCEEDINGS, I T WAS REQUIRED TO EXPLAIN THE SOURCE OF CASH DEPOSITS MADE IN BANK A CCOUNT AT RS. 35,99,000/- WITH DOCUMENTARY EVIDENCE. IN RESPONSE THERETO THE LD. COUNSEL ON BEHALF OF THE ASSESSEE HAS SUBMITTED REP LY ON 30.10.2018 AND STATED THAT THE SOURCE OF CASH DEPOSITS IN BANK OF RS. 35,99,000/- ARE OUT OF AGRICULTURE INCOME, OUT OF GIFT RECEIVED FROM BROTH ER-IN-LAW AND OUT OF WITHDRAWAL FROM THE SAME BANK ACCOUNT AND OUT OF FA MILY SAVINGS LYING WITH THE ASSESSEE. ITA-263/CHD/2020 A.Y. 2011-12 PAGE 6 OF 14 4. THE REPLY OF THE ASSESSEE WAS CONSIDERED BY TH E A.O. BUT REPLY ON SOURCE OF (DEPOSIT OF RS.27,00,000/- WAS NOT TREATED TENABLE AND ADDITIONS OF RS.27,00,000/- WAS MADE TO THE TOTAL INCOME OF THE ASSESSEE U/S , 69 OF THE I.T. ACT, 1961. 5 AGGRIEVED WITH THE ORDER OF THE A.O. THE ASSESS EE FILED APPEAL BEFORE YOUR GOODSELF AND SUBMITTED ADDITIONAL EVIDENCE ON THE BASIS OF WHICH REMAND REPORT HAS BEEN CALLED FOR ON THE BASIS OF A DDITIONAL EVIDENCE SUBMITTED BY THE ASSESSEE AFTER VERIFICATION OF THE SAME. 6. NOW, IN COMPLIANCE TO THE DIRECTIONS ISSUED VIDE LE TTER UNDER REFERENCE, SUMMONS WERE ISSUED TO THE BANK MANAGER FOR RECORDI NG HIS STATEMENT. IN COMPLIANCE TO SUMMONS, SH. NARESH BHIM, MANAGER OF PUNJAB NATIONAL BANK, VILLAGE FATEHPUR DISTT KAITHAL ATTENDED AND F URNISHED WRITTEN REPLY ON THE ISSUE. HIS STATEMENT WAS ALSO RECORDED WHICH IS PLACED ON RECORDS. HE HAS GIVEN HIS EXPLANATION IN HIS STATEMENT ON AL L THE ISSUES RAISED IN ADDITIONAL EVIDENCES FURNISHED BY THE ASSESSEE DURI NG APPELLATE PROCEEDINGS. ON THE ISSUE OF DEPOSIT OF RS. 27,00, 000/- IN THE BANK ACCOUNT OF THE ASSESSEE, STATEMENT OF THE MANAGER IS REPROD UCED AS UNDER : 7. THE BANK MANAGER, DID NOT CLARIFY IN HIS STATEMENT WHO IS ACTUAL BENEFICIARY OF THE TRANSACTION OF RS.27,00,000/-. HOWEVER, FROM PERUSAL OF BANK ACCOUNT STATEMENT IT REVEALED THAT AMOUNT OF R S.27.00.000/- WAS DEPOSITED INTO BANK ACCOUNT OF THE ASSESSEE ON 31.1 2.2010 BUT NO DOCUMENTARY EVIDENCE OF ENQUIRIES, IF ANY. MADE EAR LIER TO THE ASSESSMENT PROCEEDINGS FROM THE BANK AUTHORITIES BY THE ASSESSEE REGARDING THESE CASH DEPOSITS WAS FURNISHED WHEREAS ASSESSEE HAD BE EN MAKING FREQUENT DEPOSITS AND WITHDRAWALS FROM TIME TO TIME IN THE S AID BANK-ACCOUNT THE PLEA TAKEN BY THE ASSESSEE THAT HE WAS UNAWARE ABOU T THESE ENTRIES AND TOLD THOSE ENTRIES AS UNAUTHORIZED TRANSACTIONS MAD E BY ANYONE ELSE AFTER THE CASE WAS TAKEN INTO SCRUTINY THE PLEA OF THE AS SESSEE AT THAT STAGE IS UNDER QUESTION MARK? KEEPING IN VIEW OF THE ABOVE, IT CAN BE CONCLUDED T HAT THE ADDITION WAS MADE BY THE A.O. ON MERITS TAKING INTO CONSIDERATIO N THE BANK ACCOUNT STATEMENT WHERE IT CLEARLY REFLECTED THAT THE CASH OF RS.27,00,000/- HAS BEEN DEPOSITED DURING THE F.Y. 2010-11 RELEVANT TO THE ASSTT. YEAR 2011-12 INTO THE BANK ACCOUNT OF THE ASSESSEE. (EMPHASIS SUPPLIED) 6. THE ASSESSEE, IN RESPONSE TO THE AOS REMAND REPORT , AS PER PAGES 6 & 7 OF THE IMPUGNED ORDER IS FOUND TO HAVE SUBMITTED ITA-263/CHD/2020 A.Y. 2011-12 PAGE 7 OF 14 THAT THE MANAGER OF THE SPECIFIC BANK SUMMONED BY T HE AO CLAIMED THAT HAVING JOINED THE SPECIFIC BRANCH ON 0 4.02.2019, HE HAD NO KNOWLEDGE. THUS, DEMONSTRATING THAT AN ERRON EOUS FACTOR HAS BEEN RELIED UPON TO HANG THE ALBATROSS ROUND T HE NECK OF THE ASSESSEE. 6.1 THE ASSESSEE IS FOUND TO HAVE ALSO STATED THAT THE SPECIFIC BANK ACCOUNT NO.0904000210151272 BELONGED TO SHRI P AWAN KUMAR GUPTA, BANK MANAGER OF PUNJAB NATIONAL BANK, PUNDRI AND THE MISCHIEF WAS DONE BY THE SAID MANAGER. 6.2 THE RELEVANT EXTRACT OF THE SUBMISSION IS EXTRA CTED IN THE ORDER ARE REPRODUCED HEREUNDER FOR READY REFERENCE : THE APPLET HAD CATEGORICALLY MENTIONED IN HIS S UBMISSION THAT NOT ONLY 2700000/- WAS DEPOSITED IN HIS ACCOUNT ON 31-12-201 0 AND WITHDRAW SHOWN ON THE NEXT DATE IN THREE TRANSACTION OF RS.900000/- EACH AND ALSO TRANSFER ENTRY OF RS. 1770000/- WAS ALSO MADE IN HIS SAID ACCOUNT ON 31-1 2-2010 AND WITHDRAW SHOWN OF RS. 1320000/- ON 01-01-2011 BY TRANSFER ENTRY AND R S. 450000/- IN ACCOUNT NO,090400C210151272. WHICH BELONG SH. PAWAN KUMAR G UPTA BANK MANAGER OF THE PNB BANK PUNDRI AS PER BANK STATEMENT? ALL THIS SHOWS THAT THIS MISCHIEF WAS DONE BY THE MANGER OF THE BANK TO MEET THE DEPOSIT TARGET O F THE BANK. (EMPHASIS SUPPLIED) 6.3 THE ENQUIRY CONDUCTED BY THE AO WAS ASSAILED AS NOT HAVING BEEN CONDUCTED IN A PROPER MANNER. 7. THE SAID SUBMISSIONS, IT IS SEEN DID NOT FIND FA VOUR WITH THE CIT(A) WHO PASSED THE ORDER HOLDING AS UNDER : HOWEVER, LOOKING AT ALL THE FACTS AS OUTLINED ABOV E, EVEN THOUGH THE' APPELLANT DENIES MAKING THE SAID TRANSACTION, THE STATEMENT O F THE BANK MANAGER BEFORE THE A.O. (AS MENTIONED IN THE REPORT) THAT THE 'AAHARAN ' (WITHDRAWAL) SLIP HAD THE SIGNATURE OF THE APPELLANT MAKES HIS SUBMISSIONS QU ESTIONABLE. ITA-263/CHD/2020 A.Y. 2011-12 PAGE 8 OF 14 THEREFORE, I AM OF THE OPINION THAT WITHOUT ANY SUB STANTIAL EVIDENCE TO SUPPORT THE APPELLANT'S CLAIMS THE ADDITION HAS BEE N RIGHTLY MADE. MOREOVER, THE SAID DISPUTED TRANSACTION OF RS. 27,00,009/- WA S DONE ON 31.12.2010 AND THE WITHDRAWALS FOLLOWED SOON AFTER. THE COPIES OF THE VOUCHERS FILED DO SHOW INITIALS AND HAS NOT BEEN DISPROVED WITH EVIDENCE. MOREOVER, NO COMPLAINT WAS EVER FILED BY THE APPELLANT WITH THE BANK, IF THE D EPOSIT WAS NOT MADE BY HIM. THEREFORE, THE A.O. HAS RIGHTLY MADE THE SAID ADDITION AND I CONFI RM THE SAME. ( EMPHASIS SUPPLIED) 8. THE LD. SR.DR HAS BEEN HEARD. HE WAS REQUIRED T O ADDRESS AS TO HOW THE TAX AUTHORITIES HAVE FAILED TO ADDRES S THE FACT THAT THE SPECIFIC BANK ACCOUNT NO. 0904000210151272 WAS STATED TO BELONG TO SHRI PAWAN KUMAR GUPTA, BANK MANAGER, PUN DRI AND HOW THEY ARE RELYING UPON SOME ALLEGED SIGNATURE IN THE DEPOSIT SLIP WHICH ADMITTEDLY HAS NOT BEEN SUBMITTED TO ANY FORENSIC EXAMINATION. THE FACT THAT THE CASH DEPOSITS HAD B EEN MADE WITHOUT MENTIONING THE SPECIFIC CURRENCY TOTALING T O RS. 27 LACS, THE FACT THAT PAN DETAILS, ADDRESS ETC. OF THE DEPO SITOR ARE NOT MENTIONED THEREIN, THE FACT THAT THE FUNDS WERE WIT HDRAWN FROM THE ASSESSEE'S BANK ACCOUNT AND ULTIMATELY DEPOSITE D IN THE SPECIFIC BANK ACCOUNT NO. 0904000210151272 STATED TO BELONG TO ERSTWHILE MANAGER SHRI PAWAN KUMAR GUPTA REMAIN UNREBUTTED. THESE FACTS, IF CORRECT, SQUARELY SUPPORT THE ASSESSEE'S CLAIM . THE LD. SR.DR WAS SPECIFICALLY QUESTIONED ON THESE. HOWEVER, IN THE ABSENCE OF ANY RELEVANT DIS CUSSION BY THE TAX AUTHORITIES THEREON, HE COULD SAY NOTHING NOW. 9. ACCORDINGLY, AFTER HEARING THE LD. SR.DR AND CO NSIDERING THE MATERIAL AVAILABLE ON RECORD NOTING EXTREME DIS -SATISFACTION ITA-263/CHD/2020 A.Y. 2011-12 PAGE 9 OF 14 AND DISAPPOINTMENT IN THE MANNER IN WHICH THE TAX A UTHORITIES HAVE FUNCTIONED, I RECORD MY DISSATISFACTION ON THE EXTREME LACK OF RESPONSIBILITY EXHIBITED IN ACTING FAIRLY AND IM PARTIALLY VIS-- VIS A COMMON MAN COMPLETELY IN DISREGARD TO THE CON STITUTIONAL MANDATE TO BRING ONLY JUST AND DUE TAXES TO THE COF FERS OF THE STATE. FOR THE REASONS TO BE SET OUT HEREINAFTER, I DEEM IT FIT AND APPROPRIATE TO SET ASIDE THE IMPUGNED ORDER. IT IS MY PAINED DUTY TO RECORD THE ABUSE OF THE TRUST REPOSED IN TH E FAIRNESS OF THE TAX OFFICIALS AS EVIDENT FROM THE RECORD. THE OFFICERS ARE EXPECTED TO EXERCISE THE VAST POWERS VESTED BY THE STATE IMPARTIALLY AND FAIRLY. IN THE ABSENCE OF RELIABLE AND IRREFUTABLE EVIDENCE FAILING TO CALL FORTH AND MAKING NECESSARY ENQUIRIES, THE TAX OFFICIALS IN THE FACTS OF THE PRESENT CASE, I H OLD HAVE FAILED TO LIVE UP TO THE TRUST REPOSED IN THEM BY THE CITIZEN AND THE STATE. THE RELUCTANCE TO ADDRESS THE REAL BENEFICIARY OF THE S TATED ABUSE AND MISUSE OF ASSESSEE'S BANK ACCOUNT MAY REEK OF P OSSIBLE QUESTIONABLE CONNIVANCE AT SOME LEVEL WITHIN THE TA X DEPARTMENT. IT IS SEEN THAT THE ONLY EVIDENCE RELI ED UPON IS ON SOME AHARAN SLIP WHERE THE SIGNATURES DENIED BY T HE ASSESSEE ARE ARBITRARILY IDENTIFIED AS ASSESSEE'S SIGNATURES . IN THE FACE OF THE CONSISTENT DENIAL OF THE ASSESSEE, THE LEGAL RE QUIREMENT OF NOT SUBJECTING IT TO FORENSIC EXAMINATION BECOMES AGAIN QUESTIONABLE AND CONSISTENTLY AN ARBITRARY EXERCISE OF POWER. TH E FACT THAT IT WAS ASSESSEE'S BANK ACCOUNT IS NOT DISPUTED WHEREFR OM THE ITA-263/CHD/2020 A.Y. 2011-12 PAGE 10 OF 14 ASSESSEE WOULD HAVE BEEN WITHDRAWING AND DEPOSITING MONEY UNDER HIS SIGNATURE IS ALSO NOT A FACT IN DISPUTE. THE DISPUTED FACT IS THE SPECIFIC DEPOSITING SLIP OF CASH AMOUNT ING TO RS. 27 LACS IS NOT UNDER ASSESSEE'S SIGNATURES. THE ASSESS EE HAS CONSISTENTLY STATED THAT HIS ACCOUNT HAS BEEN MISUS ED BY A BANK PERSONNEL WITHOUT HIS AUTHORITY AND THE SUMS HAVE B EEN UTILIZED AGAIN BY THE BANK PERSONNEL EVIDENT BY WAY OF TRANS FER ENTRIES. THE BENEFICIARY IS NAMED BY THE ASSESSEE AS ERSTWHI LE BANK MANAGER SHRI PAWAN KUMAR GUPTA AND THERE IS NO CONT RADICTORY EVIDENCE. HOWEVER, CONSIDERING THE FACT THAT SINCE THE CORRECTNESS OF THE ABOVE ASSERTIONS NEED TO BE VERI FIED, IT IS DEEMED APPROPRIATE TO SET ASIDE THE IMPUGNED ORDER DIRECTING THE TAX AUTHORITIES TO TAKE INTO CONSIDERATION THE FACT THAT THERE HAS BEEN A CONTINUED LAPSE ON THE PART OF THE SPECIFIC PNB BRANCH IN AS MUCH AS THE CURRENCY DETAILS REMAINED UNMENTIONE D, PAN DETAILS OF THE DEPOSITOR OF THE HUGE CASH AMOUNT RE MAINS UNADDRESSED AND ABOVE ALL, THE FACT THAT THE BENEFI CIARY ACCOUNT NO. 0904000210151272 IS CLAIMED TO BELONG TO SHRI P AWAN KUMAR GUPTA, BANK MANAGER OF PNB, PUNDRI NEEDS TO B E SPECIFICALLY ADDRESSED. 10. IT CAN NEVER BE OVER EMPHASIZED THAT JUSTICE SHOULD NOT ONLY BE DONE BUT ALSO SEEN TO BE DONE. THE INORDINATE RELIANCE PLACED UPON THE DEPOSITING SLIP WHICH TO THE NAKED EYES OF THE AO OR THE TAX AUTHORITIES APPEARS TO BE OF THE ASSESSEE WITHO UT CARING TO ITA-263/CHD/2020 A.Y. 2011-12 PAGE 11 OF 14 SUBJECT IT TO FORENSIC EXAMINATION IS AN ACT OF GRO SS CARELESSNESS AND AN IRRESPONSIBLE LAPSE OF PROCEDURE AND AN UNFO RTUNATE EXAMPLE OF WHIMSICAL AND ARBITRARY EXERCISE OF POWE R. IN THESE PECULIAR FACTS AND CIRCUMSTANCES, THE ORDER WHICH I S A PRIME EXAMPLE OF GROSS CARELESSNESS AND ABUSE OF POWER RE EKING OF MULTIPLE FAILURES AND EXHIBITING CONTINUED LAPSE OF FAIR DISPENSATION OF JUSTICE RAISING MANY A QUESTION ON THE WHIMSICAL BIASES OF THE TAX AUTHORITIES I HOPE IS AN ABERRATI ON AND NOT A NORM. IT BRINGS OUT THE DEPARTMENTS HELPLESSNESS IN NOT ADDRESSING THE FACTS AND POSSIBLE CONNIVANCE AND DE FINITE ABUSE OF POWER BY THE BENEFICIARY ACCOUNT HOLDER WHO THE TAX AUTHORITIES DEEM IT NECESSARY TO SHELTER. THE FACT THAT THE ASSESSEE HAS CONSISTENTLY ALLEGED CONNIVANCE OF THE BANK AUTHORITIES COUPLED WITH THE FACT THAT THE CURRENCY DETAILS AND LACK OF PAN DETAILS OF THE DEPOSITOR EVIDENT ON REC ORD REMAIN UNREBUTTED ON RECORD BY THE TAX AUTHORITIES CANNOT BE ALLOWED TO REMAIN IGNORED. IN THE FACTS AS THEY STAND UNLESS T HESE ASSERTIONS ARE REBUTTED BY COGENT EVIDENCE, THE ASS ESSEE APPEARS TO HAVE A CLAIM WHICH CANNOT BE EASILY DISCARDED. 11. SINCE THERE IS NO FINDING ON THE CORRECTNESS OF THESE ASSERTIONS, THE MATTER IS REMANDED BACK WITH THE DI RECTION TO PASS A SPEAKING ORDER IN ACCORDANCE WITH LAW. 12. BEFORE PARTING, IT NEEDS BE HIGHLIGHTED THAT FOR INDIA TO ACHIEVE THE STATUS OF A USD 5 TRILLION ECONOMY, THE BANKING INDUSTRY ITA-263/CHD/2020 A.Y. 2011-12 PAGE 12 OF 14 NECESSARILY NEEDS TO HAVE A VERY ROBUST AND TRANSPA RENT MECHANISMS OF ZERO TOLERANCE OF ABUSE OF POWER WITH OUT WHICH THE INDIAN AMBITION CAN ONLY REMAIN A PIPE DREAM. IT CAN NEVER BE OVER EMPHASIZED THAT IN THE BACKDROP OF GROWING NPA S AS A THREAT TO THE BANKING SECTOR IT IS THE NEED OF THE HOUR THAT BY PRACTICING RIGOROUS TRANSPARENCY AND OPENNESS WITH THE ABILITY TO CRITICAL SELF REGULATE THEIR FUNCTIONING, THE BANKI NG INDUSTRY HAS GOT THE ABILITY TO SEPARATE THE GRAIN FROM THE CHAF F. THE NEED TO ENCOURAGE AND APPLAUD INNOVATION AND IMPROVEMENT IN GOVERNANCE IN THE BANKING SECTOR MUST BE TEMPERED W ITH STRICT ACCOUNTABILITY AND ZERO TOLERANCE FOR ABUSE OF TRUST AND POWER. THE INDIAN DREAM OF BECOMING A 5 TRILLION USD ECONO MY IS NOT A MERE OPTIMISTIC DREAM THESE ASPIRATIONS HAVE ALL TH E INGREDIENTS OF INHERENT POTENTIAL OF AN ACHIEVABLE AIM. HOWEVE R, THIS ASPIRATION NECESSARILY HAS TO RIDE ON THE SHOULDERS OF THE BANKING AND FINANCIAL SECTORS. THEIR ROBUSTNESS CANNOT BE COMPROMISED. THE ACCOUNTABILITY OF INDIVIDUAL ABERRATIONS MUST B E SEEN TO BE FIXED TO CHECK THE RAMPANT IRRESPONSIBLE EGOS OF A FEW BLACK SHEEP GIVING IT A BAD NAME. THE FACT THAT THE INDI AN GROWTH IS TO BE POWERED BY THE BANKING AND FINANCIAL SECTOR IS W ELL UNDERSTOOD. THE FACT THAT IT IS STILL WOEFULLY DIS- PROPORTIONATE AND VERY SMALL VIS--VIS THE ECONOMY NEEDS PROPER A PPRECIATION. THE FACT THAT IT IS THE MOST POWERFUL ENGINE POWERI NG THIS GROWTH ITA-263/CHD/2020 A.Y. 2011-12 PAGE 13 OF 14 AND THUS, HAS A DIRECT ROLE ALONGWITH THE TAX MACHI NERY CANNOT BE IGNORED. HENCE, THE ROBUSTNESS CANNOT BE COMPROM ISED WITH. 13. THUS, S IMILARLY, THE TAX AUTHORITIES NECESSARILY NEED TO H AVE EFFECTIVE AND MEANINGFUL PROTOCOLS IN PLACE IN ORDE R TO ENSURE THAT THEY ARE NOT ONLY TRAINED TO BE CITIZEN FRIENDLY BU T ALSO SEEN TO BE SO WITH ROBUST POWERS OF ENGAGING POSITIVELY WITH S MALL TOWN ASSESSEES AND ENABLING THEM TO BE TAX COMPLIANT. TO EXPECT THAT THE U.S.D. 5 TRILLION ASPIRATIONS CAN BE REALIZED W ITH SELECTIVE ENCOURAGEMENTS WITHOUT THE ACTIVE INVOLVEMENT OF TH E VILLAGE ECONOMY AND THE SMALL TOWN ASPIRATIONS IS BEING VER Y SHORT SIGHTED. THE ASPIRATIONS CAN ONLY BE REALIZED IF TH E INDIAN JUGGERNAUT IN ITS ENTIRETY IS PUT IN MOTION . I AM OF THE VIEW THAT IN ORDER TO REALIZE THIS GENERALLY FEASIBLE AN D NOT HIGHLY OPTIMISTIC AMBITION OF A GLOBAL ECONOMIC FORCE STAT US. THE TAX AUTHORITIES SHOULD BE NECESSARILY AND URGENTLY TRAI NED TO ENABLE THE NURTURING, FUELLING AND FUNNELING OF THE SMALL TOWN ASPIRATIONS OF THE CITIZENS COUPLED WITH THE POWERI NG PROVIDED BY THE BANKING AND THE FINANCIAL SECTORS WHICH CAN ENS URE THE ENTRY OF INDIA AS A RESPONSIBLE ECONOMIC FORCE TO BE REC KONED WITH IN THE GLOBAL ECONOMIC POWERHOUSE OF NATIONS. HENCE, I AM OF THE VIEW THAT THE CITIZEN/ASSESSEE FRIENDLY ENVIRONMENT AND WORKFORCE NECESSARILY NEEDS TO BE SET IN PLACE AT T HE EARLIEST. HENCE, IT IS MY HUMBLE SUGGESTION THAT CREATION OF A TAX ADVISORY CELL IS THE URGENT NEED OF THE HOUR . ITA-263/CHD/2020 A.Y. 2011-12 PAGE 14 OF 14 14. SAID ORDER WAS PRONOUNCED AT THE TIME OF VIRTUA L HEARING ITSELF IN THE PRESENCE OF THE PARTIES VIA WEBEX. 15. THE REGISTRY IS DIRECTED TO FORWARD A COPY OF THIS ORDE R TO CHAIRMAN, CBDT NEW DELHI (SPECIFIC PARA 9 TO 13 OF THE ABOVE FOR INFORMATION AND NECESSARY ACTION, IF DEEMED FIT .) 16. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 30 TH APRIL,2021. SD/- ( ) (DIVA SINGH) ! /JUDICIAL MEMBER $ % / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. / CIT 4. ( )/ THE CIT(A) 5. , , / DR, ITAT, CHANDIGARH 6. / GUARD FILE / BY ORDER, / ASSISTANT REGISTRAR