Kamala Tiwari , Kolkata V. ITO, Ward - 28(1) , Kolkata

ITA 2648/KOL/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2405 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 18-06-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 21-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K BONDHOPADHAY J
• Assessee Lawyers: R T YADAVA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.2648/KOL/2018 ASSESSMENT YEAR:2012-13 KAMALA TIWARI 3B BROJENDRA LAL GANGULY LANE, KOLKATA-700033 [ PAN NO.ACXPT 3039 P ] / V/S . INCOME TAX OFFICER WARD-28(1), AAYAKAR BHAWANA, DAKSHIN 2, GARIAHAT ROAD (SOUTH), KOLKATA /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI R.T. YADAVA, FCA /BY RESPONDENT SHRI A.K. BONDHOPADHAY, JCIT-DR /DATE OF HEARING 18-06-2019 /DATE OF PRONOUNCEMENT 21-06-2019 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2012-13 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-9, KOLKATAS O RDER DATED 08.10.2018 PASSED IN CASE NO.16/CIT(A)-9/WD-28(1)/2014-15/KOL INVOLVING PROCEEDINGS U/S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE RAISED IN THE INSTANT APPEAL CHALLENGES CORRECTNESS OF BOTH THE LOWER AUTHORITIE S ACTION TREATING HER CASH DEPOSITS OF 22 LAC AS UNEXPLAINED U/S 69A OF THE ACT. THERE IS NO DISPUTE BETWEEN THE PARTIES AT THE OUTSET THAT THIS ASSESSEE HAD SOLD HER NASIK PR OPERTY IN THE RELEVANT PREVIOUS YEAR ON 04.05.2011 BY A REGISTERED SALE DEED FOR A CONSI DERATION OF 8,78,000/-. SHE DEPOSITED A SUM OF 22 LAC IN HER BANK ACCOUNT IN CASH ON 04.05.2011 WH ICH FORMS SUBJECT-MATTER OF ADDITION IN THE INSTANT LIS. HER CLAIM THROUGHOUT HAS BEEN THAT SHE HAD RECEIVED THE IMPUGNED CASH SUM OVER AND ABOVE T HE STAMP PRICE OF 8.78 LAC. THE ASSESSING OFFICER AS WELL AS CIT(A) HAVE DECLINED T HE SAID EXPLANATION ON THE GROUND ITA NO.2648/KOL/2018 A.Y.2012-13 KAMALA TIWARI VS. ITO WD-28(1) KOL. PAGE 2 THAT THERE IS NO EVIDENCE OF SUCH AN ON-MONEY. BOTH PARTIES REITERATE THEIR RESPECTIVE SUBMISSIONS AGAINST AND IN SUPPORT OF IMPUGNED ADDI TION. THE ABOVE NARRATED FACTS MAKES IT CLEAR THAT THE ASSESSEES SALE DEED EXECUT ED AS WELL AS CASH DEPOSITS HAVE TAKEN PLACE WITHIN A SHORT SPAN OF TIME. IT HAS FUR THER COME ON RECORD THAT THIS TAXPAYER DOES NOT HAVE ANY OTHER SOURCE OF INCOME A S WELL. ALL THIS LEADS ME TO AN IRRESISTIBLE INFERENCE AS PER THIS TRIBUNALS DECIS ION IN MRS. MALINI RELE VS. ITO (1994) 49 ITD 43 (MUM) TM THAT THE TAXPAYER CAN BE SAFELY PRESUMED TO HAVE DEPOSITED THE IMPUGNED CASH AS PART OF ON-MONEY RECEIVED FOR PROP ERTY. THE ASSESSEE HAS ALSO PLACED ON RECORD VALUATION CERTIFICATE IN HER PAPER BOOK AT PAGES 39 TO 43. I FURTHER MAKE IT CLEAR THAT ASSESSING OFFICER HAS NOT MADE A NY ATTEMPT TO GET NECESSARY CONFORMATION FROM HER VENDEE REGARDING THE ALLEGED ON-MONEY FORMING THE SUBJECT- MATTER OF THE IMPUGNED ADDITION. I TAKE INTO ACCOUN T ALL THESE FACTS TO DELETE THE IMPUGNED ADDITION MADE IN BOTH THE LOWER APPELLATE PROCEEDINGS U/S 69A OF THE ACT. 3. THIS ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 21/06/2019 SD/- (S.S. GODARA) JUDICIAL MEMBER KOLKATA, *DKP/SR.PS - 21/06/2019 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-KAMALA TIWARI 3B, BROJENDRA LAL GANGULY LANE, KOL-33 2. /RESPONDENT-ITO WD-28(1) AAYAKAR BHAWAN DAKSHIN 2, GARIAHAT ROAD (SOUTH), K OLKATA 3. ' % / CONCERNED CIT 4. % - / CIT (A) 5. & ))' , ' / DR, ITAT, KOLKATA 6. + / GUARD FILE. BY ORDER/ , /TRUE COPY/ ',