GANESAN BAKIYARAJ, KANCHIPURAM V. ITO, WARD-2, , KANCHIPURAM

ITA 3181/CHNY/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8046 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 22-11-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: G JOHNSON
• Assessee Lawyers: B RAMAKRISHNAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . , , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER /. I.T.A. NO. 3181/CHNY/2018 / ASSESSMENT YEAR : 2012-13 GANESAN BHAKIYARAJ, 81-B-2, NELLUKKARA STREET, KANCHIPURAM 631502. [PAN: APBPB 6566L] VS. THE INCOME TAX OFFICER, WARD -2, KANCHIPURAM 631501. ( / APPELLANT) ( / RESPONDENT) ' ( / APPELLANT BY : SHRI. B. RAMAKRISHNAN, FCA +,' ( / RESPONDENT BY : SHRI. G. JOHNSON, ADDL. CIT ( /DATE OF HEARING : 04.01.2021 ( /DATE OF PRONOUNCEMENT : 06.01.2021 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDE R OF THE COMMISSIONER OF INCOME TAX (APPEALS)-7, CHENNAI, IN ITA NO. 126/CI T(A)-7/2016-17 DATED 31.08.2018 FOR ASSESSMENT YEAR 2012-13. :-2-: ITA NO.3181/CHNY/2018 2. SHRI. GANESAN BAKIYARAJ, THE ASSESSEE, FILED H IS RETURN OF INCOME FOR THE ASSESSMENT YEAR 2012-13. ON RECEIPT OF INFORMATION THAT THE ASSESSEE MADE HUGE CASH DEPOSITS IN INDIAN BANK, THE CASE WAS RE- OPENED U/S. 147. SINCE, THE ASSESSEE HAS NOT RESPONDED TO VARIOUS NOTICES ISSUE D BY THE AO, THE ASSESSING OFFICER COMPLETED THE ASSESSMENT U/S. 144, ASSESSIN G THE CASH DEPOSITED IN THE BANK AS AN INCOME OF THE ASSESSEE. AGGRIEVED, THE ASSESSEE FILED AN APPEAL BEFORE THE CIT(A) AND THE LD. CIT(A) DISMISSED THE APPEAL. AGGRIEVED AGAINST THAT ORDER, THE ASSESSEE FILED THIS APPEAL. 3. THE CASE WAS HEARD THROUGH VIDEO CONFERENCING. THE LD. AR SUBMITTED THAT THE ASSESSEE WAS EARNING SOME COMMISSION FROM THE LORRY OPERATORS, WHO WERE LIFTING THE SAND FROM THE QUARRY. SINCE, THE GOVERNMENT INTRODUCED A NEW PROCEDURE BY WHICH THE SAND LORRY OWNERS CAN MAKE P AYMENT ONLY BY DEMAND DRAFT FOR LIFTING THE SAND, WHICH WAS NOT PRACTICAB LE FOR THE LORRY OWNERS, THE ASSESSEE COLLECTED CASH FROM THE LORRY OWNERS, PUT IT IN HIS BANK ACCOUNT AND TOOK DEMAND DRAFT AND GAVE IT TO THE LORRY OPERATOR S ON A COMMISSION. THE ASSESSING OFFICER ASSESSED THE ENTIRE CASH DEPOSITS MADE IN THE BANK ACCOUNT WHICH WAS IMMEDIATELY WITHDRAWN FOR TAKING D.DS, WI THOUT CONSIDERING THE FACT THAT THE AMOUNT DEPOSITED WAS COLLECTED FOR THE PUR POSE OF TAKING THE D.DS. THEREFORE, THE LD. AR SUBMITTED THAT SINCE THE ASSE SSEES CASE WAS NOT CONSIDERED ON MERITS, HE MAY BE GIVEN DUE OPPORTUNI TY TO EXPLAIN THE ENTIRE FACTS AND CIRCUMSTANCES WITH AVAILABLE MATERIAL SO THAT T HE CASE MAY BE CONSIDERED ON :-3-: ITA NO.3181/CHNY/2018 MERITS. PER CONTRA, THE LD. DR SUBMITTED THAT IF T HE ISSUES ARE REMITTED BACK TO THE AO FOR DUE EXAMINATION, HE HAS NO OBJECTION TO THE SAME. 4. WE HEARD THE RIVAL SUBMISSIONS, PRIMA FACIE, THE BANK ACCOUNT REFLECTS CASH DEPOSITS AND IMMEDIATE WITHDRAWAL TOWARDS D.DS . THEREFORE, IN THE INTERESTS OF JUSTICE, THIS ISSUE REQUIRES A FRESH E XAMINATION. THEREFORE, WE REMIT THIS ISSUE BACK TO THE AO FOR A FRESH EXAMINATION. THE ASSESSEE SHALL LAY ALL MATERIAL/EVIDENCES IN SUPPORT OF HIS CONTENTION AND DULY COMPLY WITH THE REQUIREMENTS OF THE AO IN ACCORDANCE WITH LAW. THE AO AFTER AFFORDING ADEQUATE OPPORTUNITY TO THE ASSESSEE SHALL DETERMINE THE INC OME OF THE ASSESSEE IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE ASSESSEES APPEAL IS TREATED AS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 06 TH JANUARY, 2021 AT CHENNAI. SD/- ( . ' ) (DUVVURU RL REDDY) $% /JUDICIAL MEMBER SD/- ( ) (S. JAYARAMAN) % /ACCOUNTANT MEMBER /CHENNAI, 1 /DATED: 06 TH JANUARY, 2021 JPV (+3454 /COPY TO: 1. ' / APPELLANT 2. +,' /RESPONDENT 3. 6 ) ( /CIT(A) 4. 6 /CIT 5. 4+ /DR 6. 9 /GF