ITO, Bhubaneswar V. Pabitra Mohan Samal, Bhubaneswar

ITA 335/CTK/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 5393 (ITAT-CUTTACK)
• Duration Of Justice: 2 year(s) 1 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 16-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K PRADHAN
• Assessee Lawyers: D PARIDA
• Keywords: Income from undisclosed sources

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.335/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 ITO, WARD 2(3), BHUBANESWAR VS. PABITRA MOHAN SAMAL, C - 112, HIG/PLOT NO.110, HOUSING BOARD COLONY, JAGANNATH VIHAR, BARAMUNDA, BHUBANESWAR PAN/GIR NO. AUQPS 4717 G ( ASSESSEE ) .. ( RESPONDENT ) ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 PABITRA MOHAN SAMAL, C - 112, HIG/PLOT NO.110, HOUSING BOARD COLONY, JAGANNATH VIHAR, BARAMUNDA, BHUBANESWAR VS. ITO, WARD 2(3), BHUBANESWAR PAN/GIR NO.AUQPS 4717 G ( ASSESSEE ) .. ( RESPONDENT ) ASSESSEE BY : SHRI D.PARIDA, AR REVE NUE BY : SHRI D.K.PRADHAN, DR DATE OF HEARING : 29 /08/ 2017 DATE OF PRONOUNCEMENT : /09 / 2017 O R D E R PER N.S.SAINI, AM THE CROSS APPEAL S FILED BY THE REVENUE AND ASSESSEE ARE DIRECTED AGAI NST THE ORDER OF THE CIT(A) - 1, BHUBANESWAR DATED 22.4.2015 FOR THE ASSESSMENT YEAR 2010 - 2011. FIRST, WE TAKE UP THE APPEAL FILED BY THE REVENUE IN ITA NO.302/CTK/2015. 2 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 2. IN GROUND NO.1 OF THE APPEAL, THE GRIEVANCE OF THE REVENUE IS THAT THE CIT(A) ERRED IN DELETING ADDITION OF RS.15,00,000/ - UNDER THE HEAD INCOME FROM UNDISCLOSED SOURC ES WHEN THE ASSESSEE HAS NEVER DISCLOSED FOUR SUCH BANK ACCOUNTS TO THE DEPARTMENT, EVEN IN THE STATEMENT RECORDED U/S.131 BY THE ASSESSING OFFICER. 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSING OFFICER FOUND THAT THE ASSESSEE HAD FOUR UNDISCLOSED BANK ACCOUNTS HAVING BALANCES AS UNDER: NAME OF THE BANK ACCOUNT NO. CASH DEPOSIT (RS.). OTHER THAN CASH (RS.) TOTAL (RS.) HDFC BANK LTD. 00441000124939 3,60,000 44,991 4,04,991 AXIS BANK LTD. 910040001261099 NIL 1,01,310 1,01,310 AXIS BANK LTD. 911010021993895 NIL NIL. NIL HDFC BANK LTD. 01221930007863 21,01,000 4,30,686 25,31,686 TOTAL 30,37,987 4. THE ASSESSING OFFICER MADE ADDITION OF RS.30,37,987/ - TO THE INCOME OF THE ASSESSEE AS UNDISCLOSED INCOME ON THE GROUND THAT THEY WERE NOT DISCLOSED BY THE ASSESSEE IN THE RETURN OF INCOME. 5. ON APPEAL, THE C IT(A) OBSERVED THAT A N AMOUNT OF RS.1,0 1,310/ - HAS BEEN ADDED BY THE ASSESSING OFFICER BEING CREDITS OTHER THAN IN C ASH IN AXIS BANK A/C. NO. 910040001261099. THE ASSESSEE EXPLAINED THAT THE SAID AMOUNT IS F IXED DEPOSIT OF RS.1,00,000/ - PLUS INTEREST ACCRUED 3 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 THEREON. IT WAS SUBMITTED THAT THE SOURCE O F THE SAID FIXED DEPOSIT OF RS.1 LAC WA S TRANSFER RED FROM AXIS BANK A/C. NO. 909018041840143. THE CIT(A) OBSERVED THAT AFTER GOING THRO UGH T HE SAID AXIS BANK A/C. NO.909018041840143 , WHICH SHOWS THAT AN AMOUNT OF RS. 1 LAC WAS DEBITED ON DT.19.1.2010 IN FAVOUR OF AXIS BANK WHICH IS APPARENTLY TO GET FIXED DEPOSIT. THE SOURCE OF DEPO SITS IN AXIS BANK A/C. NO. 910040001261099 I.E. THE SOURCE OF FIXED DEPOSIT OF RS.1 LAC IS EXPLAINED BY TRANSFER FROM THE AXIS BANK A/C NO. 909018041840143. SINCE THE DEPOSITS IN AXIS BANK A/C. NO. 909018041840143 IS BEING CONSIDERED SEPARATELY, THE ADDITION OF RS.L,01,310 IS REDUCED TO RS.1,310/ - . THUS, HE DELETED THE ADDITION OF RS.1,00,000/ - . 6. FURTHER, THE CIT(A) OBSERVED THAT AN AMOUNT OF RS.25,31,686/ - WAS ADDED BY THE ASSESSING OFFICER BEING CREDITS INCLUDING CASH DEPOSIT OF RS.21,01,0 00/ - IN HDFC BANK A/C. NO. 01221930007863 . THE ASSESSEE SUBMITTED THAT AMOUNT OF RS.5 LACS AND RS.6 LACS BY DDS/CHEQUES AND FURTHER CASH OF RS.3 LACS AS EARNEST MONEY HAVE BEEN PAID TO M/S. REEVA (P) LTD. FOR PURCHASE OF A HOUSE ON BEHALF OF SMT. ARCHAN A SAMAL, SISTER OF THE ASSESSEE . THE ASSESSEE SUBMITTED THA T THE SOURCE OF SAID PAYMENTS OF RS.14 LACS WAS CASH RECEIPT OF RS.19,05,000/ - ON VARIOUS DATES FROM SMT. ARCHANA SAMAL, OUT OF WHICH RS.5,05,000/ - HAVE BEEN RETURNED BY CHEQUE/CASH . THE CIT(A) OBSERVED THAT HE HAS GONE THROUGH T HE BANK ACCOUNT AND OTHER DOCUMENTS AND FOUND THE SUBMISSION OF THE ASSESSEE 4 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 TO BE CORRECT. THE ASSESSEE HAS PAID THE AMOUNTS TO M/S. REEVA (P) LTD. FOR PURCHASE OF A F LAT AT SIRDI IN THE NAME OF SMT ARCHANA SAMAL . THIS SHOWS THAT THE ASSESSEE S ACCOUNT HAS BEEN USED FOR TRANSACT I ONS ON BEHALF OF HIS SISTER SMT ARCHANA SAMAL AND THE PAYMENTS MADE BY THE ASSESSEE FOR THE PROPERTY IN THE NAME OF SMT ARCHANA SAMAL ARE SOURCED FROM SMT. SAMAL. SMT. SAMAL IS ASSESSED TO TAX AND RETURN FILED FOR THE A SSESSMENT YEAR 2010 - 11 SHOWS RETURNED INCOME OF RS.37,75,150/ - . THEREFORE, THE CIT(A) HELD THAT THE SUBMISSION OF THE ASSESSEE THAT AN AMOUNT OF RS.14 LACS RECEIVED FROM SMT. SAMAL IN CASH AND DEPOSITED IN THE HDFC BANK ACCOUNT FROM WHICH CHEQUE/DD/CASH WAS PAID FOR PU RCHASE OF THE PROPERTY IN THE NAME OF SMT. SAMAL IS CREDIBLE AND ACCEPTABLE. THEREFORE, HE HELD THAT OUT OF DEPOSIT OF RS.25,31,686/ - , THE SOURCE OF DEPOSIT T O THE EXTENT OF RS.14 LACS IS EXPLAINED. HENCE, HE DELETED ADDITION OF RS.14 LAKHS AND SUSTAINED THE BALANCE OF RS.11 ,31,686 / - . IN THIS WAY, THE CIT(A) DELETED THE ADDITION OF RS.15 LAKHS MADE UNDER THE HEAD UNDISCLOSED SOURCE. 7. BEFORE US, LD D.R. RELIED ON THE ORDER OF THE ASSESSING OFFICER AND SUBMITTED THAT THE ASSESSING OFFICER WAS FU LLY JUSTIFIED IN ADDING RS.30,37,987/ - AS INCOME FROM UNDISCLOSED SOURCES SINCE FOUR BANK ACCOUNTS WERE NOT DISCLOSED BY THE ASSESSEE IN THE RETURN OF INCOME FILED. 8. ON THE OTHER HAND, LD A.R. SUPPORTED THE ORDER OF THE CIT(A) AND SUBMITTED THAT THE CIT( A) AFTER APPRECIATING THE EVIDENCES FURNISHED 5 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 BEFORE HIM HAS DELETED THE ADDITION. HENCE, THE ORDER OF THE CIT(A) BE CONFIRMED. 9. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE ORDERS OF LOWER AUTHORITIES AND MATERIALS AVAILABLE ON RECORD. IN THE INST ANT CASE, THE UNDISPUTED FACTS ARE THAT DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSING OFFICER FOUND THAT FOUR BANKS ACCOUNTS TWO OF HDFC BANK AND TWO OF AXIS BANK WERE NOT DISCLOSED BY THE ASSESSEE IN TH E RETURN OF INCOME FILED WITH TOT AL OF DEPOSIT OF RS.30,37,987/ - . THEREFORE, THE ASSESSING OFFICER ADDED THE SUM OF RS.30,37,987/ - TO THE INCOME OF THE ASSESSEE UNDER THE HEAD UNDISCLOSED SOURCES. 10. ON APPEAL, THE CIT(A) DELETED THE ADDITION OF RS.15,00,000/ - BY OBSERVING THAT THE AMO UNT OF RS.101.310/ - WAS CREDITS OTHER THAN IN CASH IN AXIS BANK ACCOUNT NO. 910040001261099. HE OBSERVED THAT THE SOURCE OF THIS DEPOSIT WAS TRANSFER OF RS.1 LAKHS FROM AXIS BANK ACCOUNT NO. 909018041840143, WHICH WAS DEPOSITED ON 19.1.2010. THE SAME WA S TRANSFERRED FOR MAKING FIXED DEPOSIT. THE ASSESSING OFFICER HAD MADE ADDITION OF RS.1,01,310/ - COMPRISING OF INTEREST OF RS.1310/ - EARNED ON FIXED DEPOSIT AND RS.1 LAKHS BEING INVESTMENT IN FIXED DEPOSIT. THE CIT(A) BEING SATISFIED WITH THE SOURCE OF D EPOSIT OF RS.1 LAKH IN AXIS BANK ACCOUNT NO. 910040001261099, DELETED THE SAME. 11. FURTHER, THE CIT(A) FOUND THAT THE ASSESSING OFFICER HAS MADE ADDITION OF RS.25,31,686/ - BEING CREDITS INCLUDING CASH DEPOSIT OF RS.21,01,0 00/ - IN HDFC BANK A/C. NO. 01221930007863 . THE CIT(A) 6 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 OBSERVED THAT THE AMOUNT OF RS.5 LACS AND RS.6 LACS BY DDS/CHEQUES AND FURTHER CASH OF RS.3 LACS AS EARNEST MONEY HAVE BEEN PAID TO M/S. REEVA (P) LTD. FOR PURCHASE OF A HOUSE ON BEHALF OF SMT. ARCHAN A SAMAL, SISTER OF THE ASSES SEE. THE ASSESSEE SUBMITTED THAT THE SOURCE OF RS.14 LACS WAS THE CASH RECEIPT OF RS.19,05,000/ - ON VARIOUS DATES FROM SMT. ARCHANA SAMAL, OUT OF WHICH RS.5,05,000/ - WAS RETURNED BY CHEQUE/CASH. THE CIT(A) OBSERVED THAT HE HAS GONE THROUGH T HE BANK ACCOUNT AND OTHER DOCUMENTS AND FOUND THE SUBMISSION OF THE ASSESSEE TO BE CORRECT. HE OBSERVED THAT THE ASSESSEE HAS PAID THE AMOUNTS TO M/S. REEVA (P) LTD. FOR PURCHASE OF A F LAT AT SIRDI IN THE NAME OF SMT ARCHANA SAMAL . THIS SHOWS THAT THE ASSESSEES ACCOUN T WAS USED FOR TRANSACTI ONS ON BEHALF OF HIS SISTER SMT ARCHANA SAMAL AND THE PAYMENTS MADE BY THE ASSESSEE FOR THE PROPERTY IN THE NAME OF SMT ARCHANA SAMAL ARE SOURCED FROM SMT. SAMAL. SMT. SAMAL IS ASSESSED TO TAX AND RETURN FILED FOR THE A SSESSMENT YEA R 2010 - 11 SHOWS RETURNED INCOME OF RS.37,75,150/ - . THEREFORE, THE CIT(A) HELD THAT THE SUBMISSION OF THE ASSESSEE THAT AN AMOUNT OF RS.14 LACS WAS RECEIVED FROM SMT. SAMAL IN CASH AND DEPOSITED IN THE HDFC BANK ACCOUNT FROM WHICH CHEQUE/DD/CASH WAS PAID F OR PURCHASE OF THE PROPERTY IN THE NAME OF SMT. SAMAL IS CREDIBLE AND ACCEPTABLE. HENCE, HE HELD THAT THE SOURCE OF DEPOSIT OF RS.14 LAKH OUT OF RS.25,31,686/ - , IS EXPLAINED AND DELETED THE ADDITION TO THE EXTENT OF RS.14 LAKHS AND SUSTAINED BALANCE AMOUNT OF RS.11, 31,686/ - . 7 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 12. LD D.R. THOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER HAS BROUGHT NO POSITIVE AND CREDIBLE MATERIAL ON RECORD TO CONTROVERT THE FI NDINGS OF THE CIT(A) WHO AFTER APPRECIATING ALL THE FACTS OF THE CASE DELETED THE ADDITION OF RS.15 LAKHS . IN THE CIRCUMSTANCES, WE FIND NO GOOD REASON TO INTERFERE WITH THE ORDER OF THE CIT(A), WHICH IS HEREBY CONFIRMED AND GROUND OF REVENUE IS DISMISSE D. 13. IN GROUND NO.2 OF THE APPEAL, THE GRIEVANCE OF THE REVENUE IS THAT THE CIT(A) IS NOT JUSTIFIED IN DELETING THE ADDITION OF RS.26,71,433/ - UNDER THE HEAD UNEXPLAINED RECEIPTS IN CASH/CHEQUE, WHEN THE CIT (A) HAS HIMSELF ADMITTED THAT THERE IS A MISM ATCH OF DATES IN THE SUBMISSION MADE BY THE SO - CALLED CREDITOR OF RS.9,45,000/ - . 14. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSING OFFICER ADDED RS.9,45,000/ - AS UNEXPLAINED CASH DEPOSITS IN THE AXIS BANK A/C. NO . 909018041840143. THE ASSESSEE EXPLAINED BEFORE THE ASSESSING OFFICER THAT CASH WAS RECEIVED FROM SRI SOUMYA RANJAN SAMAL, BROTHER - IN - LAW O F THE ASSESSEE FOR INCURRING EXPENDITURE FOR CONSTRUCTION OF A HOUSE FOR SRI SOUMYA RANJAN SAMAL. SRI SOUMYA RANJAN SAMAL IN HIS STA TEMENT RECORDED U/S.131 CONFIRMED THE SAME AND STATED TO HAVE WITHDRAWN AN AMOUNT OF RS.10 LACS FROM HIS AXIS BANK A CCOUNT ON 29.12.2009. THE ASSESSING OFFICER OBSERVED THAT THE WITHDRAWAL ON THE SAID DATE WAS NOT IN CASH AND DISBELIEV ED THE VERSIONS OF TH E ASSESSEE AND SRI SOUMYA RANJAN SAMAL. 8 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 15. THE CIT(A) OBSERVED THAT SRI SOUMYA RANJAN SAMAL IS A HIGH - NET WORTH INDIVIDUAL AND HAS SHOWN TOTAL INCOM E OF RS.4,05,26,834/ - FOR THE ASSESSMENT YEAR 2010 - 11. HE IS THE M ANAGING D IRECTOR OF KALINGA COMMERCIAL C ORPORATION LTD. AND ORISSA ORDER SUPPLIERS (P) LTD. SRI SOUMYA RANJAN SAMAL HAS CONFIRMED TO HAVE GIVEN AN AMOUNT OF RS.15,71,433/ - INCLUDING CASH OF RS.9,45,000/ - . THE CIT(A) OBSERVED THAT THE ASSESSEE WAS SUPE RVISING THE CONSTRUCTION WORK ON BEHALF OF S RI SOUMYA RANJAN SAMAL IS UNDISPUTED. SRI SOUMYA RANJAN SAMAL HAS ALSO GIVEN AMOUNTS OF RS.1,26,433/ - AND RS.5 LACS BY CHEQUES. THE CIT(A) FURTHER OBSERVED THAT SRI SOUMYA RANJAN SAMAL HAS CONFIRMED TO HAVE PAID THE SAID AMOUNTS ON OATH AND HAS CAPACITY TO PAY. THE CIRCUMSTANCES SHOW THAT THE AMOUNTS WERE REQU IRED TO BE PAID TO THE ASSESSEE WHO WAS SUPERVISING THE CONSTRUCTION WORK OF SRI SOUMYA RANJAN SAMAL. THEREFORE, THE CIT(A) HELD THAT IN SUCH CIRCUMSTANCES, THE MISMATCH OF DATE IS NOT A FATAL ERROR AND HENCE, DELETED THE ADDITION OF RS.9.45,000/ - BEING PART OF TOTAL ADDITION OF RS.27,71,433/ - . 16. THE CIT(A) FU RTHER OBSERVED THAT THE ASSESSING OFFICER HAS ADDED RS.5 LAKHS CREDITED TO AXIS BANK A/C NO. 909018041840143 RECEIVED BY CH EQUE FROM SRI SOUMYA RANJAN SAMAL. THE ASSESSING OFFICER ADDED AN AMOUNT OF RS. 1,26,433/ - CREDITED TO PUNJAB NATIONAL BANK A/C . NO.0553000400018385 RECEIVED FROM SRI SOUMYA RANJA N SAMAL BY CHEQUE. THE ASSESSEE EXPLAINED BEFORE THE ASSESSING OFFICER THAT THE AMOUNTS WERE RECEIVED FROM SRI SOUMYA RANJAN SAMAL, BROTHER - IN - LAW 9 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 FOR INCURRING EXPENDITURE FOR CONSTRUCTION OF A HOUSE FOR SRI SOUMYA RANJAN SAMAL . THE ASSESSING OFFICER ADDED THE SAID AMOUNTS SINCE THE NATURE AND PURPOSE OF THE SAID DEPOSITS A S EXPLAINED BY THE ASSESSEE WAS NOT ACCEPTABLE . THE CIT(A) OBSERVED THAT B OTH THE ASSESSEE AND THE CREDITOR HAVE CONFIRMED THE TRANSACTIONS. THE CREDITOR SRI SOUMYA RANJAN SAMAL IS A HIGH - NET WORTH I NDIVIDUAL. THE AMOUNTS WERE RECEIVED THROUGH BANKING CHA NNEL. THE ASSESSEE WAS SUPERVISING THE CONSTRUCTION WORK ON HIS BEHALF. IN VIEW OF THE SAME, THE CIT(A) HELD THAT THERE IS NO REASON WHY THE SOURCE OF CREDITS OF RS.5 LACS AND RS. 1,26,433/ - SHOULD BE DOUBTED. HENCE , HE DELETED THE ADDITION OF RS.5 LACS A ND RS.1,26,433/ - BEING PART OF ADDITION RS.27,71,433/ - . 17. FURTHER, THE ASSESSING OFFICER HAS MADE AN ADDITION OF RS.12 LACS AS UNEXPLAINED CASH DEPOSIT IN AXIS BANK A/C. NO. 909018041840143. THE ASSESSEE SUBMITTED THAT AN AMOUNT OF RS.11,00,000/ - WAS RECEIVED FROM THE CAPT. MANORANJAN MAHAPATRA BY RTG S OF RS.10 LACS AND CASH OF RS.1 LAC, WHICH ARE THE SOURCES OF SAID CASH DEPOSIT OF RS.12 LACS. THE ASSESSING OFFICER DID NOT ACCEPT THE CONTENTION OF THE ASSESSEE. HE CALLED FOR EXPLANATION FROM CA PT. MA HAPATRA, WHO CONFIRMED TO HAVE GIVEN RS.1 LAC IN CASH AND RS.10 LACS BY RTGS. THE CIT(A) OBSERVED THAT THE RECORD SHOWS THAT THE ASSESSEE RECEIVED AN AMOUNT OF RS.10 LACS BY RTGS ON DT.9.3.2010 FROM CAPT. MAHAPATRA. THE BANK ACCOUNT SHOWS CASH OF R S.10 LACS AND RS.9 LACS WERE WITHDRAWN ON DTS.9.3.2010 AND 22.3.2010 AND CASH OF RS.12 LACS WAS DEPOSITED ON DT.31.3.2010. THE BANK ACCOUNT ALSO 10 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 SHOWS THAT AN AMOUNT OF RS.11 LACS WAS RETURNED TO CAPT. MAHAPATRA ON 3.4.2010 BY RTGS. THEREFORE, THE CIT(A) HELD THAT THE ASSESSEE 'S SUBMISSION THAT RS.11 LACS WAS RECEIVED FROM CAPT. MAHAPATRA INCLUDING CASH OF RS.1 LAC IS CORRECT. HE FURTHER OBSERVED THAT C OPY OF CONFIRMATION GIVEN BY CAPT. MAHAPATRA WAS FILE D WHEREIN CAPT. MOHAPATRA HAS STATED AS UNDER: SRI MANORANJAN MAHAPATRA S/O - SRI JAGABANDHU MAHAPATRA RESIDENT OF NEW HOSTEL LANE, NAYAGARH, ODISHA, 752069, HAVING PAN NO.AGBPM1265C HEREBY CONFIRM THAT I HAVE PAID RS. 1,00,000/ - IN NOV,2009 AS AN INTEREST FREE TEMPORARY LOAN TO SRI PABITRA MOHAN SAMAL A ND FURTHER AN AMOUNT OF RS.10,00,000/ - TO SRI PABITRA MOHAN SAMAL ON 09.03.2010 FOR GIVING ADVANCE FROM PURCHASE OF A PIECE OF LAND AT BHUBANESWAR IN MY NAME AND THE SAME AMOUNT WAS TRANSFERRED THROUGH RTGS FROM MY BANK A/C NO 006101007893 MAINTAINED AT BHUBANESWAR. FURTHER I CONFIRM THAT SAID TOTAL AMOUNT OF RS.11,00,000/ - HAS REFUNDED BY SRI PABITRA MOHAN SAMAL TO ME BY TRANSFER OF THE AMOUNT THROUGH RTGS ON 03.04,2010 BECAUSE THE PROPOSED PURCHASE OF LAND IN MY NAME COULD NOT BE MATERIALIZED. FURTHER, IT IS CONFIRMED THAT SRI PABITRA MOHAN SAMAL HAS NEITHER TAKEN ANY REMUNERATION OR CHARGES IN THIS R EGARD FROM ME NOR HAS MADE ANY PROFIT OUT OF THAT AMOUNT PAID BY ME, TO THE BEST OF MY KNOWLEDGE AND BELIEF. 18. FROM THIS, THE CIT(A) HELD THAT I T APPEARS THAT CASH WITHDRAWN AFTER R ECEIPT OF FUND FROM CAPT. MOHAPATRA HAVE BEEN RE - DEPOSITED SINCE THE SAME WAS NOT USED AND RETURNED TO CAPT. MOHAPATRA. THE ASSESSEE 'S DETAILED SUBMISSION IN THIS REGARD HAS MERIT. THEREFORE, HE HELD THAT OUT OF CASH DEPOSIT OF RS.12 LACS , RS.11 LACS IS EXPLAINED, THEREFORE, HE DELETED RS.11 LAKHS AND SUSTAINED ADDITION OF RS.1 LAC. IN THIS WAY, THE CIT(A) DELETED ADDITION OF RS.26,71,433/ - . 11 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 19. BEFORE US, LD D.R. SUPPORTED THE ORDER OF THE ASSESSING OFFICER WHEREAS LD A.R. SUPPORTED THE ORDER OF THE CIT(A). 20. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE ORDERS OF LOWER AUTHORITIES AND MATERIALS AVAILABLE ON RECORD. IN THE INSTANT CASE, THE ASSESSING OFFICER MADE ADDITION OF RS.27,71,433/ - AS UNEXPLAINED CASH DEPOSIT IN AXIS BANK A/C. NO. 909018041840143 , THE ASSESSEE SUBMITTED THAT SAID AMOUNT WAS RECEIVED FROM SRI SOUMYA RANJAN SAMAL, BROTHER - IN - LAW O F THE ASSESSEE FOR INCURRING EXPENDITURE FOR CONSTRUCTION OF A HOUSE FOR SRI SOUMYA RANJAN SAMAL. THE ASSESSING OFFICER RECORD STATEMENT U/S.131 OF THE ACT OF SRI SOUMYA RANJAN SAMAL , WHEREIN, HE CONFIRMED HAVING PAID THE SAME TO THE SUM TO THE ASSESSEE OUT OF WITHDRAWAL OF RS.10 LAKHS FROM AXIS BANK A CCOUNT ON 29.12.2009. THE ASSESSING OFFICER DISBELIEVED THE EXPLANATION OF THE ASSESSEE ON THE GROUND THAT THE SAID AMOUNT WAS NOT WITHDRAWN IN CASH. 21. ON APPEAL, THE CIT(A) HELD THAT SRI SOUMYA RANJAN SAMAL WAS A HIGH NET WORTH INDIVIDUAL AND HAS SHOWN TOTAL INCOME OF RS.4,05,26,834/ - FOR THE ASSESSMENT YEAR 2010 - 2011. HE IS THE M ANAGING D I RECTOR OF KALINGA COMMERCIAL CORPORATION LTD. AND ORISSA ORDER SUPPLIERS (P) LTD. HE HAS CONFIRMED TO HAVE GIVEN AN AMOUNT OF RS.15,71,433/ - INCLUDING CASH OF RS.9,45,000/ - . THE CIT(A) OBSERVED THAT THE ASSESSEE WAS SUPE RVISING THE CONSTRUCTION WORK ON BEHALF OF SRI SOUMYA RANJAN SAMAL WAS UND ISPUTED. HE HAS ALSO OBSERVED THAT RS.1,26,433/ - AND RS.5 LACS 12 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 BY CHEQUES WERE GIVEN BY SHRI SOUMYA RANJAN SAMAL AND THAT HE HAS CONFIRMED THE SAME IN HIS STATEMENT RECORDED ON OATH AND HE HAS CAPACITY TO PAY SUCH AMOUNT. THEREFORE, HE DELETED THE ADDITION OF R S.9.45,000/ - MADE BY THE ASSESSING OFFICER OBSERVING THAT MISMATCH OF DATE WAS NOT A FATAL ERROR. 22. FURTHER, THE ASSESSING OFFICER ADDED RS.5 LAKHS CREDITED IN AXIS BANK A/C NO. 909018041840143 RECEIVED BY CHEQUE FROM SRI SAMAL. THE ASSESSING OFFICER ALSO ADDED RS.1,26,433/ - CREDITED IN P&N BANK A/C NO. 0553000400018385 FROM SOUMYA RANJAN SAMAL BY CHEQUE. THE EXPLANATION OF THE ASSESSEE BEFORE THE ASSESSING OFFICER THAT THE AMOUNT WAS RECEIVED FROM HIS BR OTHER - IN - LAW FOR INCURRING EXPENDITURE FOR CONSTRUCTION OF A HOUSE FOR SOUMYA RANJAN SAMAL. THE ASSESSING OFFICER ADDED THE SAME AMOUNT SINCE THE EXPLANATION WAS NOT ACCEPTABLE TO HIM. 23. ON APPEAL, THE CIT(A) DELETED THE ADDITION ON THE GROUND THAT BOTH THE ASSESSEE AND THE CREDITOR HAVE CONFIRMED THE TRANSACTION. SHRI SOUMYA RANJAN SAMAL IS A HIGH - NET WORTH INDIVIDUAL. THE AMOUNT S WERE RECEIVED THROUGH BANKING CHANNEL. THE ASSESSEE WAS SUPERVISING THE CONSTRUCTION WORK ON HIS BEHALF. THEREFORE, HE H ELD THAT THE SOURCE OF CREDITS OF RS.5 LAKHS AND RS.1,26,433/ - SHOULD BE DELETED. HENCE, HE DELETED RS.6,26,433/ - . 24. THE ASSESSING OFFICER MADE ADDITION OF RS.12 LAKHS A S UNEXPLAINED CASH DEPOSIT IN AXIS BANK A/C NO. 909018041840143. THE EXPLANATION OF 13 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 THE ASSESSEE WAS THAT AN AMOUNT OF RS.11 LAKHS WAS RECEIVED FROM CAP MOHAPATRA BY RTGC AND RS.1 LAC AS CASH WHICH WAS THE SOURCE OF DEPOSIT OF RS.12 LAKHS. THE ASSESSING OFFICER DID NOT ACCEPT THE SAME. 25. ON APPEAL, THE CIT(A) CALLED FOR CONFIRMATION FROM CAPT MOHAPATRA, WHO CONFIRMED TO HAVE ADVANCE RS.1 LAKH AS CASH AND RS.10 LAKHS BY RTGC TO THE ASSESSEE. THE CIT(A) ALSO OBSERVED THAT THE RECORD SHOWS THAT THE ASSESSEE RECEIVED AN AMOUNT OF RS.10 LAKHS BY RTGS O N 9.3.2010 FROM CAPT MOHAPATRA AND 22.3.2010 AND CASH OF RS.12 LAKHS WAS DEPOSITED ON 31.3.2010. THE BANK ACCOUNT ALSO SHOWS THAT AN AMOUNT OF RS.11 LAKHS WAS RETURNED TO CAPT. MOHAPATRA BY RTGS. THEREFORE, HE HELD THAT THE EXPLANATION OF THE ASSESSEE TH AT RS.11 LAKHS WAS RECEIVED BY CAPT MOHAPATRA INCLUDING CASH OF RS.1 LAKH WAS CORRECT. FURTHER, CAPT. MOHAPATRA HAS CONFIRMED BY FILING CONFIRMATION HAVING GIVEN AMOUNT OF RS.11 LAKHS, RS.10 LAKHS BY RTGS AND RS.1 LAKH AS CASH TO THE ASSESSEE. THEREFORE , HE HELD THAT THERE IS NO MERIT IN THE ADDITION AND TREATED THE SUM OF RS.11 LAKHS OUT OF RS.12 LAKHS AS EXPLAINED AND DELETED THE ADDITION OF RS.11 LAKHS AND SUSTAINED THE ADDITION OF RS.1 LAKH. 26. WE FIND THAT LD D.R. RELIED ON THE ORDER OF THE ASSESSI NG OFFICER. HE COULD NOT BRING ANY POSITIVE MATERIAL ON RECORD TO CONTROVERT THE ABOVE FINDINGS OF THE CIT(A). WE FIND THAT THE CIT(A) AFTER APPRECIATING THE FACTS OF THE CASE IN ITS ENTIRETY HAS DELETED THE ADDITION. THEREFORE, WE 14 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 FIND NO INFIRMITY IN THE ORDER OF THE CIT(A), WHICH IS HEREBY CONFIRMED AND GROUND OF APPEAL OF THE REVENUE IS DISMISSED. 27. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. NOW WE TAKE UP THE APPEAL OF THE ASSESSEE IN ITA NO.302/CTK/2015. 28. GROUND NOS 1 AND 7 OF THE APPE AL ARE GENERAL IN NATURE AND HENCE, REQUIRES NO SEPARATE ADJUDICATION BY US. 29. IN GROUND NO.2 OF THE APPEAL, THE GRIEVANCE OF THE ASSESSEE IS THAT THE CIT(A) ERRED IN CONFIRMING ADDITION OF RS.4,04,991/ - AS UNEXPLAINED DEPOSIT IN HDFC BANK ACCOUNT. 30. T HE ASSESSING OFFICER MADE ADDITION OF RS.4,04,991/ - BEING CREDITS INCLUDING CASH DEPOSIT OF RS.3,60,000/ - IN HDFC BANK A/C NO.00441000124939 AS THE ASSESSEE FAILED TO EXPLAIN THE SOURCE FOR THE SAME. 31. ON APPEAL, THE CIT(A) CONFIRMED THE SAME ON THE GROU ND THAT NO CREDIBLE EXPLANATION WAS SUBMITTED FOR THE SOURCE OF THE SAID DEPOSITS. 32. BEFORE US, LD A.R. SUBMITTED THAT ADDITION MADE WAS NOT JUSTIFIED AS THE ASSESSEE CLAIMED TO HAVE RECEIVED RS.19,05,000/ - FROM SMT. ARCHANA SAMAL , SISTER OF THE ASSESSEE, WHICH FACTS IS NOT IN DISPUTE AS WILL BE OBSERVED FROM PARA 6.1 AT PAGE 9 OF THE ORDER OF THE CIT(A). HE SUBMITTED THAT RS.19,05,000/ - WAS DEPOSITED BY THE ASSESSEE IN HDFC BANK ACCOUNT NO.00441000124939. FROM THIS, RS.14 LAKHS WAS UTILIZED 15 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 FOR PAYMENT TO REEVA PVT MLTD., ON BEHALF OF SMT. ARCHANA SAMAL AND THE BALANCE AMOUNT OF RS.5,05,00 0 / - WAS RETURNED BY THE ASSESSEE AFTER WITHDRAWING FROM HDFC BANK. THEREFORE, THE SOURCE OF DEPOSIT OF RS.4,04,991/ - BEING DEPOSIT MADE IN HDF C BANK ACCOUNT NO. 00441000124939 WAS OUT OF SUM OF RS.19,05,000/ - RECEIVED FROM SMT. ARCHANA SAMAL. 33. LD D.R. SUPPORTED THE ORDERS OF LOWER AUTHORITIES. 34. WE FIND THAT IT IS NOT IN DISPUTE THAT THE ASSESSEE HAD CLAIMED TO HAVE RECEIVED RS.19,05,000/ - IN CASH FROM SMT. ARCHANA SAMAL, SISTER OF THE ASSESSEE. THE ASSESSEE HAS CLAIMED THAT THIS AMOUNT WAS DEPOSITED BY THE ASSESSEE IN HDFC BANK A/C. NO.00441000124939 OUT OF WHICH RS.14 LAKHS WAS UTILIZED FOR PAYMENT TO M/S. REEVA PVT LTD., FOR PURCHASE O F HOUSE FOR SMT. ARCHANA SAMAL. THE ASSESSEE EXPLAINED THAT RS.4,04,991/ - WAS DEPOSITED OUT OF RS.5,05,000/ - RECEIVED FROM SMT. ARCHANA SAMAL WHICH IS PART OF RS.19,05,000/ - RECEIVED IN CASH FROM THE ASSESSEE. THUS, IT CANNOT BE SAID THAT THE ASSESSEE COU LD NOT EXPLAIN THE SOURCE OF RS.4,04,991/ - BEING DEPOSIT MADE IN HDFC ACCOUNT NO. 00441000124939. LD D.R. COULD NOT CONTROVERT THE ABOVE SUBMISSION OF LD A.R. OF THE ASSESSEE BY BRINGING ANY POSITIVE MATERIAL ON RECORD. THEREFORE, WE SET ASIDE THE ORDERS OF LOWER AUTHORITIES AND DELETE THE ADDITION OF RS.4,04,991/ - MADE AS UNEXPLAINED DEPOSIT IN HDFC BANK AND ALLOW THIS GROUND OF THE APPEAL. 16 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 35. IN GROUND NO.3 OF THE APPEAL, THE GRIEVANCE OF THE ASSESSEE IS THAT THE CIT(A) WAS NOT JUSTIFIED IN CONFIRMING T HE ADDITION OF RS.3,00,000/ - . 36. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSING OFFICER HAS MADE ADDITION OF RS.3,00,000/ - AS THE ASSESSEE FAILED TO EXPLAIN THE SOURCE OF DEPOSIT. 37. ON APPEAL, THE CIT(A) OBSERVED THAT THE ASSESSEE CLAIMED TO HAVE RECEIVED RS.3,00,000/ - FROM SRI MINA KETAN SAMAL, BROTHER OF THE ASSESSEE. THE CIT(A) OBSERVED THAT SRI MINAKETAN SAMAL HAS GIVEN AN AMOUNT FOR EXPENSES OF THE HUF OUT OF LOVE & AFFECTION AN D DUTY. HE OBSERVED THAT THERE IS NO EVIDENCE IN SUPPORT OF THE CONTENTION OF THE ASSESSEE. THEREF ORE, HE CONFIRMED THE ADDITION. 38. BEFORE US, LD A.R. REITERATED THE SUBMISSIONS MADE BEFORE THE CIT(A) AND LD A.R. SUPPORTED THE ORDER OF THE CIT(A). 39. WE FIND THAT NO CREDIBLE EVIDENCE HAS BEEN BROUGHT ON RECORD BY LD A.R. OF THE ASSESSEE IN RESPECT OF THE CONTENTION THAT SHRI MINAKETAN SAMAL HAS GIVEN RS.3 LAKHS TO THE ASSESSEE IN CASH. IN ABSENCE OF THE SAME, WE FIND NO GOOD REASON TO INTERFERE WITH THE ORDER OF THE CIT(A), WHICH IS HEREBY CONFIRMED AND GROUND OF APPEAL OF THE ASSESSEE IS DISMISSED. 40. IN GROUND NO.4 OF THE APPEAL, THE GRIEVANCE OF THE ASSESSEE IS THAT THE CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS.8,31,677/ - . 17 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 41. THE BRIEF FACTS OF THE CASE ARE THAT THE CIT(A) OBSERVED THAT THE ASSESSEE SUBMITTED THAT THE DEPOSIT IN THE BANK ACCOUNT TO THE EXTENT OF RS.8,31,677/ - WAS OUT OF CASH WITHDRAWALS FROM THE BANK. THE ASSESSING OFFICER OBSERVED THAT THE ASSESSEE COULD NOT EXPLAIN THE SOUR CE OF RS.8,31,677/ - DEPOSITED IN THE BANK. THEREFORE, HE MADE ADDITION FOR THE SAME. 42. ON APPEAL, THE CIT(A) CONFIRMED THE ACTION OF THE ASSESSING OFFICER 43. BEFORE US, LD A.R. SUBMITTED THAT RS.8,31,677/ - DEPOSITED IN THE BANK ACCOUNT WAS OUT OF WIT HDRAWAL FROM DIFFERENT BANKS, WHICH COULD NOT BE SPENT FOR THE PURPOSE FOR WHICH IT WAS WITHDRAWN AND WAS AGAIN DEPOSITED IN THE BANK ACCOUNT. IN SUPPORT OF THE SAME, THE ASSESSEE FILED BEFORE THE ASSESSING OFFICER AS WELL AS THE CIT(A), COPY OF PASSBOOK AND BANK BOOK TO SUBSTANTIATE CASH DEPOSIT TOGETHER WITH RELEVANT LEDGER ACCOUNT. HENCE, IT WAS THE SUBMISSION OF LD A.R. THAT THE ADDITION SHOULD BE DELETED. 44. WE FIND THAT LD D.R. HAS NOT CONTROVERTED THE ABOVE SUBMISSION OF LD A.R. OF THE ASSESSEE. FURTHER, WE FIND THAT LD A.R. HAS FILED PAPER BOOK, WHEREIN, AT PAGE 19 OF THE SUBMISSION MADE BEFORE THE CIT(A) IN PARA 6, THAT RS.8,31,677/ - DEPOSITED IN THE BANK ACCOUNT WAS OUT OF WITHDRAWAL FROM DIFFERENT BANKS. WE FIND THAT NO MATERIAL WAS BROUGHT O N RECORD EITHER BY THE ASSESSING OFFICER OR BY THE CIT(A) AFTER EXAMINING THE DETAILS AND DOCUMENTS FILED BY THE ASSESSEE BEFORE LOWER AUTHORITIES TO 18 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 SHOW THAT THE ASSESSEE DID NOT HAVE THE AMOUNT OF RS.8,31,677/ - AVAILABLE WITH IT OUT OF EARLIER WITHDRAWA LS MADE FROM DIFFERENT BANKS FOR MAKING THE SAME AS DEPOSIT IN THE BANK ACCOUNT AS CLAIMED BY THE ASSESSEE. IN ABSENCE OF ANY SUCH MATERIAL BEING BROUGHT ON RECORD, WE FIND THAT THE LOWER AUTHORITIES WERE NOT JUSTIFIED IN MAKING THE ADDITION OF RS.8,31,67 7/ - IN THE HANDS OF THE ASSESSEE AS UNEXPLAINED DEPOSIT IN BANK ACCOUNT. THEREFORE, WE SET ASIDE THE ORDERS OF LOWER AUTHORITIES AND DELETE THE ADDITION OF RS.8,31,677/ - AND ALLOW THIS GROUND OF APPEAL OF THE ASSESSEE. 45. IN GROUND NO.5 OF THE APPEAL, TH E GRIEVANCE OF THE ASSESSEE IS THAT THE CIT(A) ERRED IN UPHOLDING THE ADDITION OF RS.1 LAKHS. 46. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSING OFFICER MADE ADDITION OF RS.12 LAKHS AS UNEXPLAINED DEPOSIT IN AXIS BANK A/C NO.909018041840143. THE ASSESSEE EXPLAINED THAT AN AMOUNT OF RS.11 LAKHS WAS RECEIVED FROM CAPT. MOHAPATRA BY RTGS AND RS.1 LAK HS IN CASH, WHICH ARE THE SOURCE OF SAID CASH DEPOSIT OF RS.12 LAKHS, WHICH WAS NOT ACCEPTED BY THE ASSESSING OFFICER. THE ASSESSING OFFICER HAD CALLED FOR CONFIRMATION FROM CAPT. MOHAPATRA, WHO CONFIRMED TO THE ASSESSING OFFICER TO HAVE GIVEN RS.1 LAKHS IN CASH AND RS.11 LAKHS BY RTGS. THEREFORE, IT WAS THE SUBMISSION THAT THE SOURCE OF RS.12 LAKHS DEPOSITED IN THE BANK ON 31.3.2010 WAS FULLY EXPLAINED. 19 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 47. ON APPEAL, THE CIT(A) ACCEPTED THE EXPLANATION OF THE ASSESSEE THAT RS.11 LAKHS BEING RS.10 LAKHS BY RTGS AND RS.1 LAKHS IN CASH WAS RECEIVED FROM CAPT MOHAPATRA AND, THEREFORE, DELETED THE ADDITION OF RS.11 LAKHS AND SUSTAINED ADDITION OF RS.1 LAKH IN THE HANDS OF THE ASSESSEE. 48. BEFORE US, LD A.R. OF THE ASSESSEE SUBMITTED THAT AT PAGE 76 OF PB, CO PY OF BANK STATEMENT OF AXIS BANK ACCOUNT NO.909018041840143 IS FILED WHEREFROM IT WILL BE SEEN THAT ON 19.1.2010, THE ASSESSEE ISSUED A CHEQUE NO.28972 AS YOURSELF CHEQUE TO THE BANK AND MADE FIXED DEPOSIT OF RS.1 LAKH BY DEBIT TO THE SAID ACCOUNT. HE SU BMITTED THAT AT PAGE 24 OF PB, BANK STATEMENT OF AXIS BANK A/C NO.909018041840143 FOR THE PERIOD 1.4.2010 TO 31.3.2011 IS FILED. IT WILL BE OBSERVED THAT ON 12.8.2010, THE PROCEEDS OF THE SAID FIXED DEPOSIT TOGETHER WITH INTEREST WAS CREDITED FOR RS.1,03, 429/ - . HE SUBMITTED THAT IN VIEW OF THIS OVERWHELMING EVIDENCE, BOTH THE LOWER AUTHORITIES WERE NOT JUSTIFIED IN MAKING ADDITION FOR RS.1 LAKH IN THE HANDS OF THE ASSESSEE AS UNEXPLAINED DEPOSIT IN THE BANK. 49. LD D.R. SUPPORTED THE ORDERS OF LOWER AUTHO RITIES. 50 . WE FIND THAT THE ASSESSING OFFICER HAS MADE ADDITION OF RS.12 LA KHS A S UNEXPLAINED CASH DEPOSIT IN AXIS BANK A/C NO. 909018041840143 . ON APPEAL, THE CIT(A) DELETED THE ADDITION TO THE EXTENT OF RS.11 LAKHS BEING SATISFIED WITH THE EXPLANATION AND EVIDENCE OF THE ASSESSEE THAT HE HAS RECEIVED RS.11 LAKHS FROM CAPT. MOHAPATRA BY RTGS AND RS.1 LAKHS IN 20 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 CASH. THEREFORE, HE CONFIRMED THE ADDITION OF RS.1 LAKHS FOR WANT OF EVIDENCE. 51. WE FIND THAT LD D.R. COULD NOT CONTROVERT THE SUBMISSION OF LD A.R. OF THE ASSESSEE THAT THE DEPOSIT OF RS.1 LAKH IN BANK ACCOUNT WAS OUT OF MATURITY PROCEEDS OF FIXED DEPOSIT MADE BY THE ASSESSEE BY WITHDRAWAL THROUGH YOURSELF CHEQUE FROM AXIS BANK ON 12.8.2010. THEREFORE, WE SET ASIDE THE ORDERS OF LOWER AUTHORITIE S AND DELETE THE ADDITION OF RS.1 LAKHS AND ALLOW THIS GROUND OF APPEAL OF THE ASSESSEE. 52 . IN GROUND NO.6 OF APPEAL, THE GRIEVANCE OF THE ASSESSEE IS THAT THE CIT(A) HAS MADE DOUBLE ADDITION BY UPHOLDING CASH DEPOSIT OF RS.4,04,991/ - IN HDFC BANK AND RS.1,00,000/ - IN AXIS BANK SIMULTANEOUSLY DISALLOWING CASH DEPOSIT OF RS.8,31,677/ - OUT OF CASH WITHDRAWAL FROM VARIOUS BANKS. 53. IN VIEW OF OUR FINDINGS IN GROUND NO.4 OF THE APPEAL OF THE ASSESSEE, WHERE WE HAVE DELETE D THE ADDITION OF RS.8,31,677/ - AN D IN VIEW OF OUR FINDINGS IN GROUND NO.2 OF THE APPEAL OF THE ASSESSEE WHERE WE HAVE DELETED THE ADDITION OF RS.4,04, 991/ - AND IN VIEW OF OUR FINDINGS IN GROUND NO.5 OF THE APPEAL, WHERE WE HAVE DELETED ADDITION OF RS.1,00,000/ - , THIS GROUND OF APPEAL HAS BEEN INFRUCTUOUS AND HENCE DISMISSED 21 ITA NO.335/CTK/2015 ITA NO.302/CTK/2015 ASSESSMENT YEAR : 2010 - 2011 5 4 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 /09 /2017. SD/ - SD/ - ( PAVAN KUMAR GADALE) ( N.S SAINI) JUDICIALMEMBER A CCOUNTANT MEMBER CUTTACK; DATED 20 /09 /2017 B.K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER, SR.PRIVATE SECRETARY ITAT, CUTTACK 1. THE ASSESSEE : PABITRA MOHAN SAMAL, C - 112, HIG/PLOT NO.110, HOUSING BOARD COLONY, JAGANNATH VIHAR, BARAMUNDA, BHUBANESWAR 2. THE REVENUE: ITO 2(3), BHUBANESWAR 3. THE CIT(A) - 1, BHUBANESWAR 4. PR.CIT - 1, BHUBANESWAR 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//