Dattatray Sarjerao Dhamal, Satara V. Income-tax Officer, Ward - 4, Satara

ITA 3043/PUN/2017

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8556 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 26-12-2018
• Assessment Year: 2014-2015
• Appeal Filed On: 21-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VIKAS AGARWAL
• Section: 143(3); 154; 2

Judgement Text

- IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI , AM . / ITA NO. 3043 /P U N/201 7 / ASSESSMENT YEAR : 20 1 4 - 1 5 MR. DATTATRAY SARJERAO DHAMAL 103, DATTATRAY, AT ASAWALI, TAL: - KHANDALA, SATARA - 412802 . / APPELLANT PAN: AHHPD2620B VS. THE INCOME TAX OFFICER , WA RD - 4, SATARA . / RESPONDENT / APPELLANT BY : S HRI VIKAS AGARWAL / RESPONDENT BY : SHRI RAJESH GAWALI / DATE OF HEARING : 3 1 . 12 .201 8 / DATE OF PRONOUNCEMEN T: 31 . 12 .201 8 / ORDER PER SUSHMA CHOWLA, J M : THE APPEAL FILED BY ASSESSEE IS AGAINST ORDER OF CIT (A) - 4 , PUNE , DATED 0 3 . 1 0 .201 7 RELATING TO ASSESSMENT YEAR 20 1 4 - 1 5 AGAINST ORDER PASSED UNDER SECTION 154 R.W.S. 250 OF THE INCOME - TAX ACT , 1961 (IN SHORT THE ACT) . 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUND OF APPEAL: - 1. THE LEARNED ASSESSING OFFICER & CIT(A) IV ERRED IN THE FACTS AND IN LAW IN CONFIRMING AN ADDITION OF RS.10,00,000/ - U/S 69A OF THE ITA, 1961 WITHOUT CONSIDERING CASH BOOK OF THE APPELLANT. ITA NO. 3043 /P U N/201 7 DATTATRAY S. DHAMAL 2 3. THE ONLY ISSUE RAISED IN THE PRESENT APPEAL IS AGAINST ADDITION OF 10 LAKHS UNDER SECTION 69A OF THE ACT. 4. BRIEFLY, IN THE FACTS OF THE CASE, THE ASSESSING OFFICER PASSED AN ORDER UNDER SECTION 143(3) OF THE ACT, WHEREIN AS AGAINST DECLARED INCOME OF 3,69,280/ - , ASSESSED INCOME WAS 43,35,762/ - . THE AFORESAID ADDI TIONS WERE MADE IN THE HANDS OF ASSESSEE BECAUSE OF NON - COOPERATION OF ASSESSEE BEFORE THE ASSESSING OFFICER. ONE ADDITION MADE UNDER SECTION 69A OF THE ACT WAS TOTALING 34,67,256/ - ON ACCOUNT OF CASH DEPOSITS IN THE BANK ACCOUNT. 5. THE CIT(A) HAS DEL ETED THE ADDITION OF 24,77,440/ - VIDE ORDER PASSED UNDER SECTION 154 OF THE ACT , A FTER PASSING THE ORDER UNDER SECTION 250 OF THE ACT AND BALANCE ADDITION OF 10 LAKHS HAS BEEN UPHELD IN THE HANDS OF ASSESSEE. THE ALLEGED ADDITION HAS BEEN MADE ON ACCO UNT OF ALLEGED CASH DEPOSIT ED IN THE BANK ACCOUNT WITH PUNE PEOPLES BANK, KHANDALA BRANCH. BOTH THE AUTHORITIES BELOW HAVE MADE THE AFORESAID ADDITION AS THE ASSESSEE HAS FAILED TO EXPLAIN THE SOURCE OF CASH DEPOSIT OF 10 LAKHS. 6. THE LEARNED AUTHORIZ ED REPRESENTATIVE FOR THE ASSESSEE BEFORE THE TRIBUNAL POINTED OUT THAT THE PERUSAL OF BANK ACCOUNT PLACED AT PAGE 20 ONWARDS OF PAPER BOOK WOULD SHOW THAT AS ON 01.11.2013, CHEQUE OF 10 LAKHS WAS DEPOSITED IN THE BANK ACCOUNT OF ASSESSEE, WHICH ADMITTED LY IS NOT CASH DEPOSIT. BEFORE THE CIT(A), THE ASSESSEE HAS ALSO EXPLAINED THAT THE SAID AMOUNT WAS REPAID ON 25.01.2014 THROUGH BANK TRANSFER OUT OF ANOTHER ACCOUNT OF ASSESSEE WITH SATARA DCC BANK, COPY OF WHICH IS PLACED AT PAGES 23 AND 24 OF PAPER BOO K. 7. THE PERUSAL OF TWO BANK STATEMENTS CLEARLY REFLECTS THAT THE AMOUNT WAS RECEIVED VIDE CHEQUE AND WAS ALSO REPAID VIDE CHEQUE. THE CIT(A) IN PARA ITA NO. 3043 /P U N/201 7 DATTATRAY S. DHAMAL 3 5.3.3 OBSERVES THAT IT IS NOT CLEAR WHETHER THE LOAN WAS TAKEN IN CASH OR CHEQUE. THE ASSESSEE HAD A LSO FILED CONFIRMATION FROM MR. AMIR AHMED KAZI, WHICH IS PLACED AT PAGE 25 OF PAPER BOOK. ADMITTEDLY, IN THE SAID CONFIRMATION LETTER, THE DETAILS OF CHEQUE MENTIONED ARE NOT THERE. HOWEVER, THE ASSESSEE HAS MENTIONED PAN NUMBER OF HIMSELF AND NOT OF TH E PERSON FROM WHOM THE LOAN WAS TAKEN. THE ASSESSEE THOUGH HAS FILED CONFIRMATION BUT HAS FAILED TO ESTABLISH THE CREDITWORTHINESS OF THE PERSON ADVANCING LOAN. IN THE LIGHT OF THE SAME, W E DEEM IT FIT TO RESTORE THIS ISSUE BACK TO THE FILE OF ASSESSING O FFICER FOR LIMITED PURPOSE OF VERIFYING THE CREDITWORTHINESS OF LOAN CREDIT OR . REASONABLE OPPORTUNITY OF HEARING SHALL BE PROVIDED TO THE ASSESSEE. THE GROUND OF APPEAL RAISED BY ASSESSEE IS THUS, ALLOWED FOR STATISTICAL PURPOSES. 8 . IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON THIS 31 ST DAY OF DECEMBER , 201 8 . SD/ - SD/ - (ANIL CHATURVEDI) (SUSHMA CHOWL A ) / ACC OUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 31 ST DECEMBER , 201 8 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A) - 4 , PUNE ; 4. THE PR. CIT - 3 , PUNE ; 5. 6. , , , - / DR SMC , ITAT, PUNE; / GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE