Income Tax Officer, Ward-1, , Davanagere V. Sri K V Amarnath, Davanagere

ITA 2822/BANG/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6741 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 16-12-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 22-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

ITA NO. 2822/BANG/2017 PAGE 8 OF 9 RECEIPTS ARE NOT ACCEPTED AS PROPER AND THE RECEIPTS ARE MORE THAN PAYMENTS, THE AO WOULD HAVE MADE ADDITION ON THE BASIS OF THE RECEIPTS AND NOT ON THE BASIS OF THE PAYMENT. ONCE THE RECEIPTS ARE ADMITTED AS PROPER AND THE RECEIPTS ARE MORE THAN PAYMENTS, SOURCE OF PAYMENTS STANDS EXPLAINED AND NO ADDITION IS JUSTIFIED REGARDING THOSE ALLEGED EXPLAINED PAYMENTS. THE REMAINING PAYMENTS TO SHRI. BALAJI OF RS.6 LAKHS, SHRI. VIJAYAKUMAR RS.32 LAKHS, SHRI. VIRUPAKSHAPPA RS.13.50 LAKHS ARE ALSO AFTER VARIOUS RECEIPTS FROM SHRI. NABHIRAJ, SHRI. KANTAPPA AND SHRI. NEELAKANTAPPA AND HENCE, ALL THE PAYMENTS ARE HAVING EXPLAINED SOURCES AS PER THE IMPOUNDED MATERIAL ITSELF AND SINCE, THIS IS THE ONLY OBJECTION OF THE AO AS PER THE ASSESSMENT ORDER THAT THE PAYMENTS ARE UNEXPLAINED, THE ADDITION MADE BY THE AO HAS NO LEGS TO STAND BECAUSE SUCH PAYMENTS ARE EXPLAINED BY THE IMPOUNDED MATERIAL ITSELF AS PER WHICH, THE RECEIPTS OF RS.258.50 LAKHS IS SHOWN IN THE IMPOUNDED MATERIALS WHICH IS MORE THAN THE PAYMENTS SHOWN IN THE IMPOUNDED MATERIAL AND SINCE, NO ADDITION IS MADE BY THE AO REGARDING THE RECEIPTS SHOWN IN THE IMPOUNDED MATERIAL WHICH IMPLIES THAT THESE RECEIPTS ARE ACCEPTED BY THE AO AS PROPERLY EXPLAINED. UNDER THESE FACTS, WE FIND NO REASON TO INTERFERE IN THE ORDER OF CIT(A). 7. IN THE RESULT, REVENUES APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- SD/- ( PAVAN KUMAR GADALE ) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE. DATED: 07 TH FEBRUARY, 2020. /NS/* ITA NO. 2822/BANG/2017 PAGE 9 OF 9 COPY TO: 1. APPELLANT S 2. RESPON DENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.