Gokulchand Bhanuprakash, Kolkata V. ITO, Wd-44(1), Kolkata, Kolkata

ITA 351/KOL/2014

• Counselvise Citation: [2014] 129 COUNSELVISE.COM (IT) 9969 (ITAT-KOLKATA)
• Duration Of Justice: 9 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2014
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 28-02-2014
• Court: TRIBUNAL
• Department Lawyers: K K TRIPATHI
• Assessee Lawyers: M L RAWAT

Judgement Text

, SM C , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH: KOLKATA ( ) BEFORE , ) [BEFORE SHRI MAHAVIR SINGH, JM] / I.T.A NO. 3 5 1 /KOL/20 1 4 / ASSESSMENT YEAR : 20 0 9 - 1 0 GOKULCHAND BHANUPRAKASH VS. INCOME - TAX OFFICER, WD - 4 4 ( 1 ), KOLKATA (PAN:A ABHG5144G ) ( /APPELLANT ) ( / RESPONDENT ) DATE OF HEARING: 2 8 . 11 .201 4 DATE OF PRONOUNCEMENT: 02 . 1 2 .201 4 FOR THE APPELLANT : SHRI M. L. RAWAT , FCA FOR THE RESPONDENT : SHRI K. K. TRIPATHI , JCIT, SR. DR / ORDER THIS APPEAL BY ASSESSEE IS ARI SING OUT OF ORDER OF CIT(A) - X X X , KOLKATA IN APPEAL NO. 89 /CIT(A) - XX X / WD - 4 4 ( 1 )/20 1 1 - 1 2 DATED 21 . 1 1 .201 3 . ASSESSMENT WAS FRAMED BY ITO, WARD - 4 4 ( 1 ) , KOLKATA U/S. 14 3(3) OF THE INCOME - TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT ) FOR ASSESSMENT YEAR 200 9 - 1 0 VIDE HIS ORDER DATED 0 9 . 0 8 .20 1 1 . 2 . THE ONLY ISSUE IN THIS APPEAL OF ASSESSEE IS AGAINST THE ORDER OF CIT(A) CONFIRMING THE ADDITION MADE BY AO ON ACCOUNT OF LOW HOUSEHOLD WITHDRAWAL OF RS.40,000/ - . 3 . I HAVE HEARD BOTH THE SIDES AND GONE THROUGH FACTS AND CIRCUMSTANCES OF THE CASE. I FIND THAT THE ASSESSEE S FAMILY MEMBER VIZ., (1) SHRI BHANU PRAKASH RUNGTA, THE KARTA, (2) KARTA S WIFE SMT. VIDYA RUNGTA, (3) COPARCENER SHRI SUNIL RUNGTA AND (4) SMT. RENU RUNGTA, WIFE OF SHRI SUNIL RUNGTA. THE ASSESSEE HAS MADE WITHDRAWAL IN THE IMMEDIATE PRECEDING YEAR AT RS.1,65,155/ - AS HOUSEHOLD WITHDRAWAL FOR JOINT FAMILY OUT OF HUF FUNDS. IN THIS YEAR THE ASSESSEE HAS WITHDRAWN A SUM OF RS.1,88,000/ - . THE AO AS WELL AS CIT(A) WITHOUT ANY BASIS AND WITHOUT POINTING OUT WHAT EXPENDITURE THE ASSESSEE HAS INCURRED IN THIS YEAR WHEREAS THE COMPARATIVE WITHDRAWAL IS MORE, HOW THE 2 ITA NO. 3 5 1 /K/201 4 GOKULCHAND BHANUPRAKASH AY 200 9 - 1 0 ADDITION IS MADE. AS THERE IS NO BASIS FOR MAKING THE ADDITION OF LOW HOUSEHOLD WITHDRAWAL, I DELETE THE SAME AND APPEAL OF ASSESSEE IS ALLOWED. 4 . IN THE RESULT, APP EAL OF ASSESSEE IS ALLOWED . 5 . ORDER IS PRONOUNCED IN THE OPEN COURT ON 0 2 . 1 2 . 2 0 1 4 S D / - , (MAHAVIR SINGH) JUDICIAL MEMBER DATED : 2 N D DECEMBER , 201 4 JD.(SR.P.S.) - COPY OF THE ORDER FORWARDED TO: 1 . / A PPELLANT SHRI GOKULCHAND BHANUPRAKASH, 20, MAHARSHI DEBENDRA ROAD, KOLKATA - 700 007 2 / RESPONDENT ITO, WARD - 4 4 ( 1 ) , KOLKATA . 3 . ( )/ THE CIT(A), KOLKATA 4. 5. / CIT KOLKATA / DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, / BY ORDER, /ASSTT. REGISTRAR .