Shri Satish Kumar, New Delhi V. ITO, New Delhi

ITA 3223/DEL/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 9563 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 09-09-2009
• Assessment Year: 1995-1996
• Appeal Filed On: 27-10-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D N KAR
• Assessee Lawyers: G R AGNIHOTRI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C : NEW DELHI BEFORE SHRI D.R.SINGH, JM AND SHRI R.C.SHARMA, AM ITA NO.3223/DEL/2008 ASSESSMENT YEAR : 1995-96 SHRI SATISH KUMAR, VILLAGE SULTANPUR, TEHSIL MEHRAULI, NEW DELHI 110 030. PAN NO.AASPK0035H. VS. INCOME TAX OFFICER, WARD-24(4), NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI G.R.AGNIHOTRI. RESPONDENT BY : SHRI D.N.KAR, CIT-DR. ORDER PER R.C.SHARMA, AM : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF CIT(A) DATED 29.9.2008 FOR 2005-06 WHEREIN ASSESSEE IS AGGRIEVED FOR ADDITION OF RS.3,64,322/-. 2. RIVAL CONTENTIONS HAVE BEEN HEARD AND RECORD PER USED. FACTS IN BRIEF ARE THAT DURING THE COURSE OF SCRUTINY ASSESSMENT, THE AO FOUND THAT ASSESSEE HAS DEPOSITED VARIOUS AMOUNTS IN TOTAL RS.3,64,322/- IN THE BANK ACCOUNT. THE ASSESSEE WAS ASKED TO INDICATE SOURCE OF DEPOSIT. THE ASSESSEE HAS TAKEN TWO PLEAS BEFORE THE AO, FIRST PLEA WAS WITH REGARD TO THE FA CT THAT RS.18 LAKHS WAS AVAILABLE WITH THE FAMILY MEMBERS OF THE ASSESSEE ON ACCOUNT OF SALE OF AGRICULTURAL LAND WHICH CAN BE DEPOSITED IN THE BANK ACCOUNT. THE AL TERNATIVE PLEA WAS THAT SUFFICIENT CASH WAS AVAILABLE OUT OF THE WITHDRAWAL S MADE FROM THE BANK ACCOUNT. DATE-WISE STATEMENT OF WITHDRAWAL AND DEPOSIT IN TH E BANK ACCOUNT WAS FURNISHED BEFORE THE AO, ACCORDING TO WHICH SUFFICIENT CASH W AS AVAILABLE ON EACH DAY OF DEPOSIT WITH THE ASSESSEE. BEING NOT SATISFIED, TH E AO ADDED THE ENTIRE AMOUNT DEPOSITED IN THE BANK ACCOUNT. THE ACTION OF THE A O WAS CONFIRMED BY THE CIT(A). ITA-3223/DEL/2008 2 3. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND GON E THROUGH THE ORDERS OF THE AUTHORITIES BELOW. FROM THE RECORD, WE FOUND T HAT THE ASSESSEE WAS ENGAGED IN THE BUSINESS OF PLYING OF TRUCKS. DURING THE COURS E OF SCRUTINY ASSESSMENT, THE AO OBSERVED THAT VARIOUS CASH HAD BEEN DEPOSITED IN TH E BANK ACCOUNT ON VARIOUS DATES. THE AO ASKED FOR EXPLANATION AND IT WAS SUB MITTED BEFORE THE AO THAT CASH WAS DEPOSITED OUT OF THE AVAILABLE CASH IN HAND FRO M THE VARIOUS WITHDRAWALS MADE FROM THE VERY SAME BANK ACCOUNT. WE HAVE CARE FULLY GONE THROUGH THE ASSESSEES REPLY DATED 10.11.2005 AS PLACED ON RECO RD AT PAGES 49 & 50 OF THE PAPER BOOK. AS PER THIS STATEMENT, WE FOUND THAT C ASH AMOUNT HAS BEEN DEPOSITED AND WITHDRAWN FROM THE BANK ACCOUNT ON VARIOUS DATE S IN SBI, VILLAGE SULTANPUR, TEHSIL MEHRAULI, NEW DELHI. AS PER THIS STATEMENT OF DEPOSIT AND WITHDRAWALS FURNISHED BEFORE THE AO, ON EACH DAY OF DEPOSIT THE RE WAS SUFFICIENT CASH BALANCE AVAILABLE WITH THE ASSESSEE AND ON NONE OF THE OCCA SIONS THERE WAS NEGATIVE CASH BALANCE. THE AO HAS NOT FOUND ANY FAULT IN THE STA TEMENT NOR IT IS THE CASE OF THE AO THAT CASH WITHDRAWN FROM THE BANK HAS BEEN UTILI ZED SOMEWHERE ELSE. ONCE THERE IS NO ALLEGATION WITH REGARD TO UTILIZATION O F CASH OUT OF WITHDRAWALS FOR ANY OTHER OBJECT, THERE IS NO MERIT FOR NOT ACCEPTING T HE AVAILABILITY OF SUCH CASH FOR DEPOSIT IN THE BANK ACCOUNT. ACCORDINGLY, WE DO NO T FIND ANY MERIT IN THE ACTION OF THE LOWER AUTHORITIES. AGREEING WITH THE CONTEN TION OF LEARNED AR SHRI G.R.AGNIHOTRI, WE ARE INCLINED TO REVERSE THE ORDER S OF THE LOWER AUTHORITIES, AND ALLOW THE APPEAL IN FAVOUR OF THE ASSESSEE. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. DECISION PRONOUNCED IN THE OPEN COURT ON 7 TH JANUARY, 2010. SD/- SD/- (D.R.SINGH) (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 07.01.2010. VK. ITA-3223/DEL/2008 3 COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT DEPUTY REGISTRAR