Shri Ishwar Singh, Meerut V. ITO, Meerut

ITA 324/DEL/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6699 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-02-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 15-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BHARAT BHUSHAN GARG
• Assessee Lawyers: V K GOEL
• Keywords: Opportunity of being heard
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH MEERUT CAMP, NEW DELHI BEFORE SHRI I.C.SUDHIR, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI , ACCOUNTANT MEMBER ITA NO. 324/DEL ./2015 ASSESSMENT Y EAR : 2011-12 ISHWAR SINGH VS. ITO C/O. SH. V.K. GOEL, ADV. WARD-1(3) 282, BOUNDRY ROAD, CIVIL LINES MEERUT MEERUT PAN : AWKPS1915J ASSESSEE BY : SHRI V.K.GOEL, ADV. REVENUE BY : SHRI BHARAT B HUSHAN GARG, SR. DR DATE OF HEARING : 17/12/2015 DATE OF PRONOUNCEMENT : 29.02.2016 ORDER PER I.C.SUDHIR, J.M. THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGA INST ORDER OF CIT(A)- MEERUT DATED 28.11.2014 AND PERTAINS TO ASSESSMENT YEAR 20 11-12. 2. THE ASSESSEE HAS QUESTION FIRST APPELLATE ORDE R ON THE FOLLOWING GROUNDS : 1. LD. CIT(A) IS IN ERROR IN TREATING CASH DEPOS IT MADE BY THE ASSESSEE IN THE BANK IS EXPLAINED UPTO RS. 5,90,000 /- OUT OF RS. 12,10,000/-. LD. A.O. IGNORED THE FACT THAT THE SAV ING BANK ACCOUNT WERE JOINT ACCOUNT ALONGWITH HIS WIFE AND SALE PROC EED OF AGRICULTURE ITA NO.324/DEL/2015 ISHWAR SINGH 2 LAND IN WHICH ASSESSEE AND HIS WIFE SHARE RS. 5,00, 000/- EACH WAS NOT CONSIDER AS SOURCE OF INVESTMENT. 2. THAT THE ASSESSEE HAS FILED APPLICATION U/S 154 TO RECTIFY THE MISTAKE MENTIONED IN GROUND NO. 1, THEREFORE, CIT(A ) IS IN ERROR NOT ACCEPTING THE APPLICATION U/S 154 TO RECTIFY HIS OR DER. 3. HEARD AND CONSIDER THE ARGUMENTS ADVANCED BY THE PA RTIES IN VIEW OF ORDERS OF THE AUTHORITIES BELOW AND MATERIAL AVAILA BLE ON RECORD. 4. THE MAIN GRIEVANCE OF THE ASSESSEE IS REGARDIN G AND THE ACCEPTANCE OF EXPLANATION OF THE SOURCE OF DEPOSIT OF RS. 12,10,0 00/- BY THE LD. CIT(A) TO THE EXTENT OF RS. 5,90,000/- ONLY. 5. THE CONTENTION OF THE LD. AR IS THAT WHILE CON SIDERING THE EXPLANATION OF THE SOURCE OF RS. 12,10,000/-, FURNISHED BY THE ASSESSEE, THE AUTHORITIES BELOW HAVE IGNORED THE FACT THAT THE SAVING BANK ACCOUNT WERE JOINT ACCOUNT WITH HIS WIFE OF THE ASSESSEE AND SALE PROCEED OF AGRICULTUR AL LAND IN WHICH THE ASSESSEE AND HIS WIFES SHARE WAS RS. 5,00,000/- EACH. IN T HIS REGARD, THE LD. AR DUE OUR ATTENTION TO PAGE NOS. 5 TO 23 OF THE PAPER BOOK I. E. COPIES OF ACCOUNT LEDGER INQUIRY AND SALE DEED FURNISHED IN THE PAPER BOOK U NDER THE CERTIFICATE THAT THESE DOCUMENTS WERE MADE AVAILABLE BEFORE THE ASSESSING OFFICER AS WELL AS LD. CIT(A). 6. THE LD. SR. DR ON THE OTHER HAND OPPOSED THE ABOVE SUBMISSION OF THE LD. AR AND SUBMITTED THAT THE LD. CIT HAS PASSED CO MPREHENSIVE AND REASONED ORDER AND WHEREVER THE ASSESSEE WAS ABLE TO EXPLAIN THE SOURCE OF THE DEPOSIT IN QUESTION SATISFACTORY, THE LD. CIT(A) HAS ALREADY G IVEN SUFFICIENT RELIEF. 7. HAVING GONE THROUGH THE ORDERS OF THE AUTHORI TIES BELOW WE FIND THAT ABOVE EXPLANATION OF THE LD. AR REGARDING ONE OF TH E SOURCE OF THE DEPOSIT OF RS. 12,10,000/- WAS SALE PROCEEDS OF AGRICULTURAL LAND JOINTLY OWNED BY ASSESSEE AND HIS WIFE HAS REMAINED TO BE CONSIDERED. THE CONTENT ION OF THE ASSESSEE IS THAT ITA NO.324/DEL/2015 ISHWAR SINGH 3 COPIES OF THE SAID SALE DEED AND ACCOUNT LEDGER INQ UIRY WERE FURNISHED BEFORE THE ASSESSING OFFICER AS WELL AS LD. CIT(A). 8. WE, THUS, IN THE INTEREST OF JUSTICE SET ASIDE THE MATTER TO THE FILE OF THE AO TO VERIFY THE CORRECTNESS OF ABOVE SUBMISSION RE GARDING THE SORUCE OF INVESTMENT IN QUESTION WAS ALSO OUT OF THE SALE PRO CEED OF AGRICULTURAL LAND JOINTLY OWNED BY THE ASSESSEE AND HIS WIFE HAVING S HARE OF RS. 5,00,000/- EACH. NEEDLESS TO MENTION THAT WHILE DECIDING THE ISSUE A FRESH REGARDING THE ADDITION SUSTAINED BY THE LD. CIT(A) OUT OF AMOUNT DEPOSITED REMAINED UNEXPLAINED, THE AO WILL AFFORD OPPORTUNITY OF BEING HEARD TO THE AS SESSEE. THE GROUND NO. 1 IS ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSES. 9. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOW ED FOR STATISTICAL PURPOSES. (ORDER PRONOUNCED IN THE COURT ON 29/02/2016 ). SD/- SD/- (PRASHANT MAHARISHI) (I.C.SUDHIR) ACCOUNTANT MEMEBR JUDICIAL MEM BER DATED: 29 / 02/2016 *BINITA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITA NO.324/DEL/2015 ISHWAR SINGH 4 DATE INITIAL 1. DRAFT DICTATED ON 24.02.2016 2. DRAFT PLACED BEFORE AUTHOR 24.02.2016 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.