Ms Monika Mahajan, New Delhi V. ITO, New Delhi

ITA 2917/DEL/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8456 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-10-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 23-05-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NAINA SOIN KAPIL SENIOR
• Keywords: Set aside
• Section: 143(3); 234B; 80IC

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH D : NEW DELHI) BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO.2917 /DEL./2016 (ASSESSMENT YEAR : 2009-10) MS. MONIKA MAHAJAN, VS. ITO, WARD 33 (3), A 25, IIIRD FLOOR, NARAINA VIHAR, NEW DELHI. NEW DELHI 110 028. (PAN : AAFPM2447L) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI VISHAL KALRA, ADVOCATE SHRI VINAY KUMAR BAJAJ, ADVOCATE REVENUE BY : SMT. NAINA SOIN KAPIL, SENIOR DR DATE OF HEARING : 27.08.2019 DATE OF ORDER : 07.10.2019 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : APPELLANT, MS. MONIKA MAHAJAN (HEREINAFTER REFERRED TO AS THE ASSESSEE) BY FILING THE PRESENT APPEAL SOUGHT TO SET ASIDE THE IMPUGNED ORDER DATED 11.03.2016 PASSED BY THE COMMI SSIONER OF INCOME - TAX (APPEALS)-17, NEW DELHI QUA THE ASSES SMENT YEAR 2009-10 ON THE GROUNDS INTER ALIA THAT :- 1. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE CIT(A) ERRED IN PARTIALLY UPHOLDING THE ADD ITIONS / DISALLOWANCES IN THE ASSESSMENT COMPLETED UNDER SEC TION 143(3) OF INCOME-TAX ACT, 1961 ('THE ACT'). ITA NO.2917/DEL./2016 2 2. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE CIT(A) ERRED IN UPHOLDING THE ADDITION OF R S.19,36,000/- ON ACCOUNT UNEXPLAINED CASH DEPOSITS ALLEGING THAT THE SAME REMAINED UNEXPLAINED. 3. THAT THE ASSESSING OFFICER ERRED ON FACTS AND IN LAW IN CHARGING INTEREST UNDER SECTION 234B OF THE ACT. 2. BRIEFLY STATED THE FACTS NECESSARY FOR ADJUDICAT ION OF THE ISSUE AT HAND ARE : ASSESSEE SHOWS HER INCOME FROM BUSINESS OR PROFESSION, SHORT TERM CAPITAL GAIN AND OTHER INCOM E I.E. INTEREST FROM BANK. DURING THE SCRUTINY PROCEEDINGS, ASSESS ING OFFICER (AO) NOTICED FROM THE AIR INFORMATION THAT THE ASSE SSEE HAS DEPOSITED AN AMOUNT OF RS.22,35,000/- AND MADE CASH TRANSACTIONS OF RS.19,36,000/- IN HER SAVING ACCOUNT MAINTAINED WITH ORIENTAL BANK OF COMMERCE DURING THE YEAR UNDER ASSESSMENT. ON QUERY RAISED BY THE AO, ASSESSEE PRODUCED CASH BOOK, FROM WHICH IT IS NOTICED THAT THE ASSESSEE HAS DEPOSITED CASH ON DIF FERENT DATES QUA WHICH NO DETAILS HAVE BEEN FILED. AO PROCEEDED TO HOLD THAT SINCE THE ASSESSEE HAS FILED ONLY COMPUTATION OF INCOME D ECLARING HER INCOME AT RS.2,16,070/- AFTER CLAIMING DEDUCTION UN DER SECTION 80IC OF THE INCOME-TAX ACT, 1961 (FOR SHORT THE AC T) OF RS.50,000/-, THE EXPLANATION WAS NOT FOUND SATISFAC TORY QUA THE CASH DEPOSIT OF RS.41,71,000/- AND THEREBY ADDED TH E SAME TO THE INCOME OF THE ASSESSEE. ITA NO.2917/DEL./2016 3 3. ASSESSEE CARRIED THE MATTER BY WAY OF AN APPEAL BEFORE THE LD. CIT (A) WHO HAS RESTRICTED THE ADDITION TO THE EXTENT OF RS.19,36,000/- BY PARTLY ALLOWING THE APPEAL. FEEL ING AGGRIEVED, THE ASSESSEE HAS COME UP BEFORE THE TRIBUNAL BY WAY OF FILING THE PRESENT APPEAL. 4. WE HAVE HEARD THE LD. AUTHORIZED REPRESENTATIVES OF THE PARTIES TO THE APPEAL, GONE THROUGH THE DOCUMENTS R ELIED UPON AND ORDERS PASSED BY THE REVENUE AUTHORITIES BELOW IN T HE LIGHT OF THE FACTS AND CIRCUMSTANCES OF THE CASE. 5. UNDISPUTEDLY, ON THE BASIS OF REMAND REPORT FUR NISHED BY THE AO, LD. CIT (A) DELETED THE ADDITION OF RS.22,35,00 0/- BUT CONFIRMED THE ADDITION OF RS.19,36,000/- OUT OF TOT AL ADDITION OF RS.41,71,000/-. 6. AT THE VERY OUTSET, LD. AR FOR THE ASSESSEE CONT ENDED THAT OUT OF ADDITION OF RS.19,36,000/- CONFIRMED BY THE LD. CIT (A), AMOUNT OF RS.4,35,000/- HAS BEEN COMPUTED TWICE WHEREAS AM OUNT OF RS.3,01,000/- HAS BEEN DULY EXPLAINED AND DREW OUR ATTENTION TOWARDS ITS DETAILS AVAILABLE AT PAGE 46 OF THE PAP ER BOOK, WHEREIN AMOUNT OF RS.4,35,000/- HAS BEEN SHOWN TWICE HAVING BEEN DEPOSITED IN CASH ON 21.02.2009 IN STATE BANK OF IN DIA, PARLIAMENT STREET, NEW DELHI. SIMILARLY, WHEN WE EXAMINED TAB ULATED CASH STATEMENT OF THE ASSESSEE FOR THE PERIOD 01.04.2018 TO 31.03.2019, ITA NO.2917/DEL./2016 4 THE AMOUNT OF RS.3,01,000/- HAS BEEN DULY EXPLAINED AS CASH DEPOSITED ON 27.03.2009 WHICH FACTS HAVE NOT BEEN P RIMA FACIE CONTROVERTED BY THE LD. DR FOR THE REVENUE. FOR TH E REMAINING ADDITION, THE ASSESSEE HAS FAILED TO BRING ON RECOR D ANY DOCUMENTARY EVIDENCE TO EXPLAIN THE SOURCE OF CASH DEPOSITED. 7. IN VIEW OF WHAT HAS BEEN DISCUSSED ABOVE, WE ARE OF THE CONSIDERED VIEW THAT OUT OF TOTAL ADDITION, AMOUNT OF RS.19,36,000/- CONFIRMED BY THE LD. CIT (A), THE AO IS DIRECTED TO DELETE DUPLICATE ADDITION OF RS.4,35,000/- AND ANOT HER AMOUNT OF RS.3,01,000/- DULY EXPLAINED BY THE ASSESSEE BEING THE CASH-IN- HAND AS PER CASH BOOK CHECKED BY THE AO AFTER DUE V ERIFICATION. CONSEQUENTLY, THE APPEAL FILED BY THE ASSESSEE IS P ARTLY ALLOWED. 8. GROUND NO.3 QUA LEVY OF INTEREST U/S 234B OF THE ACT NEED NO SPECIFIC FINDING BEING CONSEQUENTIAL IN NATURE. 9. RESULTANTLY, THE APPEAL FILED BY THE ASSESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON THIS 7 TH DAY OF OCTOBER, 2019. SD/- SD/- (PRASHANT MAHARISHI) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 7 TH DAY OF OCTOBER , 2019 TS ITA NO.2917/DEL./2016 5 COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-17, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.