Shri Anurudh Kumar Chansoriya, V. ITO,

ITA 3/JAB/2010

• Counselvise Citation: 322914 RSA 2010
• Duration Of Justice: 3 year(s) 8 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2013
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 11-01-2010
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ABHISHEK SHUKLA
• Assessee Lawyers: RAJESWAR DAYAL
• Keywords: Gift
• Section: 143(3)

Judgement Text

1 I.T.A. NO.03/JAB/2010 ASSESSMENT YEAR:2005 -06 IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, JABALPUR BEFORE SHRI JOGINDER SINGH(JM) AND SHRI R.C. SHARM A (AM) I.T.A. NO.03/JAB/2010 ASSESSMENT YEAR:2005 -06 ANURUDH KUMAR CHANSORIYA,C/O. MAA SANTHOSHI FILLING STATION, DOLARIA ROAD, ITARSI, DIST: HOSHANGABAD, M.P. VS. ITO, WARD - 1, AAYAKAR BHAVAN, ITARSI, DIST: HOSHANGABAD. PAN/GIR NO. : AFSPC 2015 E APPELLANT ) .. RESPONDENT ) APPELLANT BY : RAJESWAR DAYAL, ADV. RESPONDENT BY : SHRI ABHISHEK SHUKLA, SR. DR DATE OF HEARING : 17/9/20 13 DATE OF PRONOUNCEMENT : 17 /09/2013 O R D E R PER R.C.SHARMA, AM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 27.10.2009 OF LD COMMISSIONER OF INCOME TAX (APPEAL S) FOR THE ASSESSMENT YEAR 2005-06 , IN THE MATTER OF ORDER PASSED UNDER SECTION 143(3) OF THE I.T.ACT. 3 I.T.A. NO.03/JAB/2010 ASSESSMENT YEAR:2005 -06 RS.50,000/- IN CASH DATED 3.6.2004 FROM SHRI RAMESH KUMAR S/O SHRI LAXMAN PRASAD VILLAGE SAINA, DIST: HAMIRPUR(UP) AND RS.1,00,000/- IN CASH DATED 9.6.2004 FROM SHRI SHIVRAM S/ SHRI BANKELAL, VILLAGE BUDHOULIYANA, DIST: HAMIRPUR (UP). HOWEVER, THE ASSESSING OFFICE R DID NOT ACCEPT THE SUBMISSION OF THE ASSESSEE ON THE GROUND THAT CASH OF RS.14,94,800/- WAS AVAILABLE WITH THE ASSESSEE AS ON 31.3.2004 FROM AG RICULTURAL INCOME AND COMMISSION EARNED ON GENERAL GOODS IN EARLIER YEARS AS WELL AS THE AMOUNT OF RS.1,50,000/- OF CASH STATED TO BE RECEIVED AS G IFTS. ACCORDINGLY, HE MADE AN ADDITION OF RS.9,49,800/- BEING RS.4,50,000 /- ON ACCOUNT OF CAPITAL CONTRIBUTION AND RS.4,99,800/- ON ACCOUNT O F AMOUNT DEPOSITED IN THE PERSONAL SAVING ACCOUNT OF THE ASSESSEE. THE A SSESSEE IS AGGRIEVED AND FILED APPEAL BEFORE THE FIRST APPELLATE AUTHORI TY. 4. BY THE IMPUGNED ORDER, LD COMMISSIONER OF INCOME TAX (APPEALS) DELETED THE ADDITION OF RS. 4,50,000/- BEING THE CA PITAL CONTRIBUTION WITH THE FIRM AND CONFIRMED THE ADDITION OF RS.4,99,880/ - IN RESPECT OF AMOUNT DEPOSITED WITH THE BANK. IT IS PERTINENT TO NOTE T HAT REVENUE IS NOT IN APPEAL FOR THE DELETION OF RS.4,50,000/- BY THE COM MISSIONER OF INCOME 5 I.T.A. NO.03/JAB/2010 ASSESSMENT YEAR:2005 -06 COMMISSION ON DD 200/- TOTAL RS.1,00,000/- 2. SHRI RAMESH KUMAR(MATERNAL UNCLE) 3.6.2004 RS.50,000/- WE FOUND THAT BEFORE THE LOWER AUTHORITIES, THE ASS ESSEE SUBMITTED THE COPY OF THE GIFT DEED, PROOF OF IDENTITY AS WELL AS THE SOURCE OF INCOME OF THE DONOR AT THE TIME OF ASSESSMENT BUT LD LOWER AU THORITY DISALLOWED THE SAME EVEN WITHOUT MAKING ANY INQUIRY SIMPLY ON THE GROUND THAT THE GIFT DEEDS ARE NOT REGISTERED. 7. THE GIFT WAS RECEIVED FROM CLOSE RELATIONS BY WA Y OF DDS. BOTH THE IDENTITY AND GENUINENESS OF GIFT WAS DULY SATISFIED . LOOKING TO THE LAND HOLDING OF THE DONOR, THE CREDITWORTHINESS IS ALSO ESTABLISHED. ACCORDINGLY, WE DO NOT FIND ANY JUSTIFICATION TO INTERFERE FOR T HE GIFT RECEIVED OF RS.1,50,000/- BY THE ASSESSEE. 8. HOWEVER, WITH RESPECT TO THE CASH DEPOSIT IN THE BANK ACCOUNT, ASSESSING OFFICER FOUND THAT ASSESSEE WAS UNABLE TO SUBSTANTIATE PAST SAVINGS WHICH WAS AVAILABLE WITH HIM FOR DEPOSITING IN THE BANK ACCOUNT. 7 I.T.A. NO.03/JAB/2010 ASSESSMENT YEAR:2005 -06 9. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED IN PART. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH SEPT, 2013 SD/- SD/- (JOGINDER SINGH) (R.C.SHARMA ) JUDICIAL MEMBER ACCOUNTAN T MEMBER JABALPUR DATED 17 / 09/2013 B.K.PARIDA, SR. PS COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT : ANURUDH KUMAR CHANSORIYA,C/O. MAA SANTHOSHI FILLING STATION, DOLARIA ROAD, ITARSI, DIST: HOSHANGABAD, M.P 2. / THE RESPONDENT.: ITO, WARD -1, AAYAKAR BHAVAN, ITARSI, DIST: HOSHANGABAD 3. ( ) / THE CIT(A)-, BHOPAL. 4. / CIT , BHOPAL 5. , , / DR, ITAT, JABALPUR 6. / GUARD FILE. / BY ORDER, //TRUE COPY// SR.PRIVATE SECRETARY,ITAT CAMP AT JABALPUR