Smt. Joginder Kaur, V. ITO,

ITA 33/JAB/2012

• Counselvise Citation: 3322914 RSA 2012
• Duration Of Justice: 1 year(s) 11 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2014
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2001-2002
• Appeal Filed On: 16-04-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: K K UPADHYAY
• Assessee Lawyers: L L SHARMA; K N S CHOWHAN S
• Keywords: Condonation of delay
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, JABALPUR BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER ITA NO.33/JAB/2012 ASSESSMENT YEAR: 2002-03 SMT. JOGINDER KAUR, VS. INCOME TAX OFFICER, KOTMA ROAD SHAHDOL, SHAHDOL. (PAN ATFPK 4654 A). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI L.L. SHARMA & SHRI K.N.S. CHOWHAN, ADVOCATES RESPONDENT BY : SHRI K.K. UPADHYAY, D.R. DATE OF HEARING : 25.03.2014 DATE OF PRONOUNCEMENT : 27.03.2014 ORDER PER T.S. KAPOOR, ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A) DATED 20.09.2011. 2. THE ASSESSEE HAS TAKEN VARIOUS GROUNDS REGARDING LEGAL ISSUE WITH RESPECT TO REOPENING UNDER SECTION 148 OF THE INCOME TAX ACT, 1961 AND HAS ALSO TAKEN LEGAL GROUND REGARDING NON-ISSUANCE OF NOTICE UNDER SECTI ON 143(2) OF THE ACT. HOWEVER, AT THE TIME OF HEARING THE ASSESSEE DID NO T PRESS THESE LEGAL ISSUES WHICH ARE CONTAINED IN GROUND NOS.1 TO 4 OF THE GROUNDS O F APPEAL. THEREFORE, GROUND NOS.1 TO 4 ARE DISMISSED AS NOT PRESSED. ITA NO.33 /JAB/2012 A.Y. 2002-03 2 3. THE GROUND TAKEN IN GROUND NOS.5 TO 8 CONTAINED ONE COMMON ISSUE OF RS.6,23,275/-, THE ADDITION OF WHICH WAS MADE BY TH E A.O. ON ACCOUNT OF ENTRIES FOUND IN THE BANK STATEMENT OF THE ASSESSEE. 4. THE LD. CIT(A) HAD CONFIRMED THESE ADDITIONS FIN DING THE SUBMISSION OF THE ASSESSEE AS NON-SUPPORTIVE OF EVIDENCES. 5. THERE IS A DELAY OF 51 DAYS IN FILING THE APPEAL AND THE ASSESSEE HAS FILED AN APPLICATION FOR CONDONATION OF DELAY ALONG WITH AFF IDAVIT OF THE ASSESSEE WHEREIN SHE HAS EXPLAINED THE CIRCUMSTANCES WHICH LENT THE DELAY IN FILING THE APPEAL. 6. THE LD. DEPARTMENTAL REPRESENTATIVE STRONGLY OPP OSED THE APPLICATION FOR CONDONATION OF DELAY. HOWEVER, WE FIND THAT THE AS SESSEE WAS PREVENTED BY SUFFICIENT CAUSE FOR NOT FILING THE APPEAL WELL IN TIME AND, THEREFORE, IN THE INTEREST OF SUBSTANTIAL JUSTICE, WE CONDONE THE DELAY. 7. AS REGARDS MERIT OF THE APPEAL, THE LD. AUTHORIS ED REPRESENTATIVE INVITED OUR ATTENTION TO PAPER BOOK PAGE NO.1 WHEREIN A LETTER DATED 18.12.2006 WAS PLACED. HE INVITED OUR ATTENTION TO ANNEXURE-A & B FORMING PART OF THIS LETTER AND SUBMITTED THAT THE INFORMATION REGARDING DEPOSITS I N BANK ACCOUNT WERE DULY CONVEYED TO THE ASSESSING OFFICER VIDE THIS LETTER AND COMPLETE BREAK-UP OF CREDIT ALONG WITH SOURCE OF INVESTMENTS WAS SUBMITTED. TH EREFORE, IN VIEW OF THE ABOVE, ITA NO.33 /JAB/2012 A.Y. 2002-03 3 IT WAS SUBMITTED THAT THE ACTION OF THE LD. CIT(A) IN CONFIRMING ADDITION WAS NOT JUSTIFIED WHEREAS THE INVESTMENT ORIGINALLY RELATED TO THE YEAR 1997-98. IN THIS RESPECT, HE INVITED OUR ATTENTION TO REMAND REPORT ALSO WHICH IS PLACED AT PAPER BOOK PAGE NOS.11 & 12. SPECIFIC ATTENTION WAS INVI TED TO PAGE NO.12 OF PAPER BOOK WHERE HE INVITED OUR ATTENTION TO THE COMMENT OF ASSESSING OFFICER WHEREIN HE HAD ADMITTED THAT THE INVESTMENT NECESSARILY BEL ONGED TO EARLIER YEARS AND CANNOT BE SUBJECTED TO TAX IN THIS A.Y. IN VIEW OF THE ABOVE, IT WAS SUBMITTED THAT THE NECESSARY RELIEF BE GIVEN TO THE ASSESSEE. 8. THE LD. DEPARTMENTAL REPRESENTATIVE, ON THE OTHE R HAND, OBJECTED AND ARGUED THAT THE A.O. AND THE CIT(A) BOTH HAVE CONFIRMED TH AT THE DETAILS WERE NOT PROVIDED TO THEM. THEREFORE, THE ORDER OF LD. CIT( A) SHOULD BE CONFIRMED. 9. WE HAVE HEARD THE RIVAL PARTIES AND GONE THROUGH THE MATERIAL PLACED ON RECORD. WE FIND THAT THE A.O. VIDE ASSESSMENT ORDE R DATED 22.12.2006 MADE ADDITIONS ON ACCOUNT OF CREDIT FOUND IN THE BANK AC COUNT OF THE ASSESSEE ON 02.08.2001 AND 06.08.2001. AS PER THE ANNEXURE ATT ACHED WITH LETTER DATED 18.12.2006 SUBMITTED TO THE A.O., THESE ENTRIES ARE REFLECTED IN THE ANNEXURE-A & ANNEXURE-B AND EXACTLY TALLIES WITH THE AMOUNT OF R S.6,23,275/- FOR WHICH THE ASSESSING OFFICER HAD MADE THE ADDITION. THE A.O. HIMSELF IN REMAND PROCEEDINGS HAD AGREED THAT THESE INVESTMENTS RELATED TO EARLIE R YEAR AND CANNOT BE TAXED IN THE PRESENT YEAR. WE ALSO OBSERVED FROM THE ANNEXURE-A & B THAT THE AMOUNTS ITA NO.33 /JAB/2012 A.Y. 2002-03 4 ORIGINALLY WERE INVESTED DURING THE YEAR 1997-98 IN FIXED DEPOSIT AMOUNTING TO RS.3,20,100/- AS DETAILED IN ANNEXURE-A AND FURTHER RS.80,000/- WAS INVESTED ON 30.07.1997 IN KVP WHICH HAD MATURED IN THE PRESENT YEAR. WE DO NOT FIND THE ADDITION MADE BY THE LD. CIT(A) TO BE BASED ON FACT S AND LAW. IN VIEW OF THE ABOVE, WE DELETE THE ADDITION ON MERITS. IN NUTSHE LL, APPEAL FILED BY THE ASSESSEE IS PARTLY ALLOWED. 10. IN THE RESULT, APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 27.03.2014) SD/- SD/- (BHAVNESH SAINI) (T.S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 27 TH MARCH, 2014 PBN/* COPY OF THE ORDER FORWARDED TO :- 1) APPELLANT 2) RESPONDENT 3) CIT (APPEALS) CONCERNED 4) CIT CONCERNED 5) D.R., ITAT, JABALPUR BENCH, JABALPUR 6) GUARD FILE. BY ORDER, SR. PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL, CAMP AT JABALPUR