The Income Tax Officer, Phagwara V. Sh. Sat Pal Singh, Jalandhar

ITA 267/ASR/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9571 (ITAT-AMRITSAR)
• Duration Of Justice: 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-09-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 05-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Residential status; Additional evidence
• Section: 148

Judgement Text

ITA NO.267(ASR)/2016 ASSESSMENT YEAR: 2008-09 2 MAINTAINING JOINT SAVING BANK ACCOUNT WITH HIS WI FE WITH CANARA BANK, NOORMAHAL AND FOUND HUGE CREDIT ENTRIES. THE CASE O F THE ASSESSEE WAS REOPENED UNDER SECTION 148 OF THE I.T. ACT, 1961 AN D IN VIEW OF SECTION 148, THE RETURN DECLARING AN INCOME OF RS.4,41,150/ - ALONGWITH AGRICULTURE INCOME AT RS.60,000/- WAS FILED. THE AS SESSEE WAS CONFRONTED WITH THE DEPOSITS IN THE SAVINGS BANK AC COUNT. THE ASSESSEE EXPLAINED THAT THE CREDIT ENTRY OF RS.72,55,305/- W AS ON ACCOUNT OF SALE PROCEEDS OF A HOUSE SITUATED IN U.K. AND WHICH WAS PURCHASED BY HIM IN THE YEAR 2002. THE ASSESSEE ALSO SUBMITTED A COPY O F BANK CERTIFICATE IN THIS REGARD. THE ASSESSEE WAS ASKED TO FILE COPY O F PURCHASE DEED IN SUPPORT OF THE ABOVE SUBMISSION, WHICH THE ASSESSEE COULD NOT PRODUCE. THEREFORE, THE AO WAS OF THE OPINION THAT IN THE AB SENCE OF THIS DOCUMENT, THE RESIDENTIAL STATUS OF THE ASSESSEE AND OWNERSHIP OF THE SAID HOUSE COULD NOT BE ESTABLISHED AND THEREFORE, THE ADDITION OF RS.72,55,305/- WAS MADE TO THE INCOME OF THE ASSES SEE.. 3. AGGRIEVED WITH THE ORDER OF THE AO, THE ASSESSEE FILED THE APPEAL BEFORE THE LD. CIT(A) AND ALSO FILED ADDITIONAL EVI DENCE, WHICH THE LD. CIT(A) FORWARDED TO THE AO AND AFTER GETTING REMAND REPORT OF THE AO AND THEREAFTER, GETTING COUNTER COMMENTS OF THE ASS ESSEE, THE LD. CIT(A) DELETED THE ADDITION. 4. NOW, AGGRIEVED WITH THE ORDER OF THE LD. CIT(A), THE REVENUE IS IN APPEAL BEFORE THIS BENCH. ITA NO.267(ASR)/2016 ASSESSMENT YEAR: 2008-09 4 THAT THE ASSESSEE HAD SOLD THE HOUSE. THE AO IN THE ABSENCE OF COPY OF PASSPORT AND IN THE ABSENCE OF EVIDENCE OF PURCHASE OF SAID HOUSE HAD DISBELIEVED THE ASSESSEE. THE LD. CIT(A) ON CONSIDE RATION OF ENTIRE FACTS AND CIRCUMSTANCES OF THE CASE HAD RIGHTLY ACCEPTED THE APPLICATION FOR ADDITIONAL EVIDENCE AND HAD RIGHTLY MADE FINDING OF FACT THAT THE AMOUNT DEPOSITED REPRESENTED SALE PROCEEDS OF THE HOUSE S ITUATED IN U.K. THE LD. CIT(A) HAS ALSO MADE A FINDING OF FACT THAT SINCE 1 993 WHEN THE ASSESSEE LEFT INDIA, HE DID NOT RETURN BACK TO INDIA UNTIL M ARCH, 2007 AND, THEREFORE, THE ASSESSEE REMAINED NOT ORDINARILY RES IDENT IN INDIA TILL MARCH, 2007. THE LD. CIT(A) HAS MADE A FINDING OF F ACT THAT THE DOCUMENTS CLEARLY SHOW THAT THE ASSESSEE HAD SOLD H IS HOUSE IN U.K. AND HAD REMITTED THE SALE PROCEEDS TO INDIA. THE SAID F INDINGS OF THE LD. CIT(A) WERE NOT CONTROVERTED BY THE LD. DR AND, THE REFORE, WE DO NOT ANY INFIRMITY IN THE ORDER OF THE LD. CIT(A) AND THE SA ME IS UPHELD. 8. IN VIEW OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15/09/ 2016. SD/- SD/- (A.D. JAIN) (T.S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT MEMBER /SKR/ DATED: 15/09/2016 COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE:SH. SAT PAL SINGH, JALANDHAR. 2. THE ITO, WARD-2, PHAGWARA. 3. THE CIT(A), JALANDHAR 4. THE CIT, JALANDHAR. 5. THE SR DR, ITAT, AMRITSAR. TRUE COPY BY ORDER