Smt. Chanda Gupta, Jalandhar Cantt V. THE Income Tax Officer, Jalandhar

ITA 277/ASR/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9555 (ITAT-AMRITSAR)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-09-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 10-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard
• Section: 69

Judgement Text

ITA NO.277/ASR/2016 A.Y. 2005-06 2 3. THE BRIEF FACTS AS NOTED IN THE ASSESSMENT ORDER ARE THAT THE ASSESSEE IS ENGAGED IN THE BUSINESS OF SALE AND PUR CHASE OF COTTON CLOTHS ETC. DURING THE ASSESSMENT PROCEEDINGS, THE AO OBSE RVED THAT THE ASSESSEE HAD MADE DEPOSIT OF RS.6,11,740/- IN HER B ANK ACCOUNT WITH CENTURIAN BANK (NOW HDFC BANK). THE ASSESSEE WAS A SKED TO EXPLAIN SOURCE OF THESE DEPOSITS AND IN REPLY THE ASSESSEE SUBMITTED THAT THESE DEPOSITS DID NOT BELONG TO HER AND THESE WERE MADE BY HER SON, WHO WAS ACTING AS A SUB-AGENT ON COMMISSION BASIS OF M/ S. AKASH TEXTILES, JALANDHAR CANTT., & WHICH WAS A SOLE PROPRIETARY C ONCERN OF SH. ASHOK GUPTA. THE AO, HOWEVER, WAS NOT SATISFIED WITH THE ARGUMENTS OF THE ASSESSEE, AS NO EVIDENCE IN SUPPORT OF HER CONTENTI ON WAS FILED. THEREFORE, THE AO MADE THE ADDITION OF RS.6,11,740 /-UNDER SECTION 69 OF THE ACT. 4. AGGRIEVED, THE ASSESSEE FILED APPEAL BEFORE THE LD. CIT(A) AND MADE VARIOUS SUBMISSIONS. BEFORE THE LD. CIT(A), PAPER B OOK CONTAINING 180 PAGES WAS FILED ALONGWITH WRITTEN SUBMISSIONS, WHIC H WAS FORWARDED TO THE AO, BUT THE AO DID NOT OFFER ANY COMMENTS. THE LD. CIT(A), IN THE ABSENCE OF COMMENTS FROM AO CONFIRMED THE ACTION O F THE A.O. 5. AGGRIEVED, THE ASSESSEE IS IN APPEAL BEFORE US. 6. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ADDITION MADE IN THE HANDS OF THE ASSESSEE WAS NOT JUSTIFIED, AS THE TRANSACTIONS RELATING TO ENTRIES WERE EXECUTED BY HER SON, MR ASHISH ITA NO.277/ASR/2016 A.Y. 2005-06 4 NEEDLESS TO SAY, THE ASSESSEE WILL BE PROVIDED SUF FICIENT OPPORTUNITY OF BEING HEARD. 9. IN VIEW OF THE ABOVE, THE APPEAL OF THE ASSESSE E IS ALLOWED FOR STATISTICAL PURPOSES. 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:SMT. CHANDRA GUPTA, JALANDHAR 2. THE ITO WARD IV(2), JALANDHAR. 3. THE CIT(A), JLR 4. THE CIT, JLR 5. THE SR DR, ITAT, AMRITSAR. TRUE COPY BY ORDER INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.