AMIT KUMAR BIHANI, Jaipur V. ITO, Jaipur

ITA 343/JPR/2011

• Counselvise Citation: 34323114 RSA 2011
• Duration Of Justice: 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-11-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 08-11-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 18-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K MEENA
• Keywords: Salary income
• Section: 68

Judgement Text

1 ITA 343-11 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH SMC JAIPUR BEFORE SHRI R.K. GUPTA, JUDICIAL MEMBER ITA NO. 343/JP/2011 ASSTT. YEAR : 2005-06. ? SHRI AMIT KUMAR BIHANI, VS. THE INCOME-TAX OFFICE R, FLAT NO. 401, SHIV ENCLAVE, WARD 1(3), B-20, SHIV MARG, BANI PARK, JAIPUR. JAIPUR. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJEEV SOGANI RESPONDENT BY : SHRI D.K. MEENA DATE OF HEARING : 08.11.2011. DATE OF PRONOUNCEMENT : 18.11.2011 ORDER DATE OF ORDER : 18/11/2011. THIS IS AN APPEAL BY ASSESSEE AGAINST THE ORDER OF LD. CIT (A) RELATING TO ASSESSMENT YEAR 2006-07. 2. THE ASSESSEE IS OBJECTING IN CONFIRMING THE ADDI TION OF RS. 1,84,149/- UNDER SECTION 68 I.T. ACT. 3. THE ASSESSEE IS A SALARIED PERSON AND HAS FILED HIS RETURN OF SALARY SHOWING SALARY INCOME AND SOME INCOME FROM SHARE TRADING. DURING THE ASSESSMENT PROCEEDINGS, THE AO NOTICED THAT ASSESSEE HAS MADE CASH DEPOSIT OF R S. 2,40,149/- IN HIS BANK ACCOUNT. THE ASSESSEE WAS REQUIRED TO EXPLAIN THE SOURCE OF BANK DEPOSITS. IT WAS EXPLAINED THAT CASH WAS DEPOSITED OUT OF CASH BALANCE IN HAND AND OUT OF AMOUNT RECEIVED FROM FATHER- 2 IN-LAW AT RS. 1,51,000/- ON ACCOUNT OF CEREMONIAL G IFT ON ACCOUNT OF HIS MARRIAGE. THE AO WAS NOT SATISFIED, THEREFORE, HE MADE IMPUGNED A DDITION. THE LD. CIT (A) CONFIRMED THE ADDITION IN PART AS HE DELETED THE ADDITION OF RS. 56,000/- ON ACCOUNT OF CASH SAVINGS OF RS. 5,000/- AND DEPOSIT OF RS. 50,000 +1,000/- WAS ACCEPTED AS THE SAME WAS DEPOSITED AFTER WITHDRAWAL FROM HIS BANK ACCOUNT. IN THIS WAY, HE SUSTAINED AN ADDITION OF RS. 1,84,149/-. 4. AFTER CONSIDERING THE SUBMISSIONS AND PERUSING T HE MATERIAL ON RECORD, I FIND THAT THE ASSESSEE DESERVES TO SUCCEED. AN AFFIDAVIT OF FATHER-IN-LAW WHO GAVE RS. 1,51,000/- IN CASH ON THE MARRIAGE OF HIS DAUGHTER WITH THE AS SESSEE, HAS BEEN FILED. THERE IS NO REASON TO DISBELIEVE THE AFFIDAVIT AS THE PERSON WH O FILED AFFIDAVIT WAS NOT EXAMINED NEITHER HE WAS SUMMONED. THE ONLY REASON GIVEN THA T THE AMOUNT GIVEN BY HIS FATHER-IN- LAW WAS BEFORE MARRIAGE IS NOT A REASON TO DISBELIE VE. THEREFORE, I HOLD THAT THE AMOUNT OF RS. 1,51,000/- WAS DULY EXPLAINED AND CANNOT BE ADDED. 4.1. REMAINING AMOUNT IS A PETTY AMOUNT WHICH CANNO T BE DOUBTED THAT ASSESSEE WAS NOT HAVING SUCH AMOUNT IN CASH FOR DEPOSITING IN HI S BANK ACCOUNT. THEREFORE, I DELETE THE REMAINING AMOUNT ALSO. IN THIS WAY ENTIRE AMOUNT SU STAINED BY LOWER AUTHORITIES IS DELETED. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . 6. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 18. 11.2011. SD/- ( R.K. GUPTA ) JUDICIAL MEMBER JAIPUR, D/- 3 COPY FORWARDED TO :- SHRI AMIT KUMAR BIHANI, JAIPUR. THE ITO WARD 1(3), JAIPUR. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 343/JP/2011) BY ORDER, AR ITAT JAIPUR.