S.Radhika, by P.A.Smt. V.Sasikala, Pondicherry V. ITO, Pondicherry

ITA 368/CHNY/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 4171 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 13-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: T VASUDEVAN SHRI DURGESH
• Keywords: Unexplained cash credit; Unexplained investment; Additional evidence
• Section: 143(3); 10

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C B ENCH, CHENNAI . , ! ' . #$ , % & BEFORE SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY, JUDICIAL MEMBER ./ I.T.A.NO.368/MDS/2017 ( / ASSESSMENT YEAR: 2009-10) MS. S. RADHIKA, BY P.A. SMT. V. SASIKALA, 79, CANDAPPA MUDHALI STREET, PUDUCHERRY 605 001. VS THE PRINCIPAL COMMISSIONER OF INCOME TAX, PUDUCHERRY PAN: AHHPR0778E ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI T. VASUDEVAN, ADVOCATE /RESPONDENT BY : SHRI DURGESH SAMROT, CIT /DATE OF HEARING : 27.04.2017 ! /DATE OF PRONOUNCEMENT : 23.06.2017 / O R D E R PER A. MOHAN ALANKAMONY, AM:- THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED PRINCIPAL COMMISSIONER OF INC OME TAX (APPEALS), PUDUCHERRY DATED 19.12.2016 IN C. NO. 9127A(104)/PR.CIT/PDY/2014-15 FOR THE ASSESSMENT YE AR 2009- 10 PASSED U/S.263 R.W.S 143(3) & 147 OF THE ACT. 2 ITA NO.368/MDS/2017 2. THE ASSESSEE HAS RAISED SEVERAL GROUNDS IN HER A PPEAL, HOWEVER THE CRUX OF THE ISSUE IS THAT THE ASSESSEE IS AGGRIEVED BY THE ORDER OF THE LD.CIT(A) U/S.263 OF THE ACT, W HEREIN HE DIRECTED THE LD.AO TO ADD SUM OF RS.1,05,51,047/- A S UNEXPLAINED CREDIT U/S.68 OF THE ACT INSTEAD OF THE ADDITION MADE FOR RS.1,90,847/- U/S.68 OF THE ACT. 3. THE BRIEF FACTS OF THE CASE ARE THAT ASSESSEE IS AN INDIVIDUAL EARNING INCOME FROM HOUSE PROPERTY AND I NTEREST INCOME, FILED HER RETURN OF INCOME FOR THE ASSESSME NT YEAR 2009- 10 ON 27.07.2009, ADMITTING TOTAL INCOME OF RS.1,80 ,163/- AND AGRICULTURAL INCOME OF RS.1,00,000/-. THE CASE WAS SUBSEQUENTLY TAKEN UP FOR SCRUTINY AND THE ASSESSMENT WAS COMPLE TED U/S.143 R.W.S.147 OF THE ACT VIDE ORDER DATED 26.08 .2014, WHEREIN THE LD.AO MADE ADDITION OF RS.2,75,750/- U/ S.69 OF THE ACT WITH RESPECT TO THE INVESTMENT MADE ON THE PURC HASE OF A PROPERTY AND FURTHER MADE AN ADDITION OF RS.1,90,84 7/- UNDER THE HEAD UNEXPLAINED INVESTMENT. SUBSEQUENTLY, THE PR INCIPAL CIT AFTER EXAMINING THE CASE OF THE ASSESSEE AND HER BA NK ACCOUNTS ARRIVED AT A CONCLUSION THAT THE AMOUNT OF UNEXPLAI NED CASH CREDIT WAS RS.1,05,51,047/- AND NOT RS.1,90,847/- A S ARRIVED AT 3 ITA NO.368/MDS/2017 BY THE LD.AO IN HIS ASSESSMENT ORDER. THEREFORE, H E DIRECTED THE LD.AO TO PASS FRESH ASSESSMENT ORDER DIRECTING HIM TO MAKE ADDITION OF RS.1,05,51,047/- INSTEAD OF RS.1,90,847 /- U/S. 68 OF THE ACT, IN THE HANDS OF THE ASSESSEE. 4. AT THE OUTSET, THE LD.AR SUBMITTED THAT THE ENTI RE RECEIPT IN THE BANK ACCOUNT OF THE ASSESSEE WAS BY WAY OF CHEQ UE PAYMENTS AND FIXED DEPOSIT CLOSURES. HE FURTHER SU BMITTED THAT THE ENTIRE TRANSACTION IN THE BANK ACCOUNT OF THE A SSESSEE WAS EXPLAINABLE AND ACCOUNTED. THEREFORE, HE PLEADED TH AT THE MATTER MAY BE REMITTED BACK TO THE FILE OF AO FOR F RESH VERIFICATION AND THEREAFTER DECIDE THE MATTER ON MERITS. THE LD .DR ON THE OTHER HAND ARGUED IN SUPPORT OF THE ORDER OF THE LD .PRINCIPAL CIT. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULL Y PERUSED THE MATERIAL ON RECORD. CONSIDERING THE PRAYER OF THE LD.AR, WE ARE OF THE CONSIDERED VIEW THAT THERE IS NO HARM FO R THE LD.AO TO VERIFY THE ENTIRE TRANSACTION AND THEREAFTER ARRIVE AT A CONCLUSION ON MERITS INSTEAD OF SIMPLY FOLLOWING THE DIRECTION S OF THE LD. PRINCIPAL CIT. THEREFORE, IN THE INTEREST OF JUSTIC E, WE HEREBY MODIFY THE ORDER OF THE LD. PRINCIPAL CIT BY DIRECT ING THE LD.AO 4 ITA NO.368/MDS/2017 TO CONSIDER THE ISSUE AFRESH AFTER EXAMINING ALL TH E RELEVANT DOCUMENTS AND MATERIALS AND THEREAFTER DECIDE THE M ATTER ON MERITS AND AS PER LAW AND WITHOUT BEING INFLUENCED BY THE FINDING OF THE LD.PRINCIPAL CIT. WE ALSO HEREBY DIRECT THE LD.AO TO ACCEPT ANY ADDITIONAL EVIDENCE FURNISHED BY THE ASS ESSEE IN ORDER TO PROVE HER CLAIM. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES AS INDICATED HEREIN ABOVE. ORDER PRONOUNCED IN THE ON THE 23 RD JUNE, 2017 AT CHENNAI. SD/- SD/- ( ! ' . #$ ) ( . ) ( DUVVURU RL REDDY ) ( A. MOHAN ALANKAMONY ) ' #$ /JUDICIAL MEMBER #$ / ACCOUNTANT MEMBER %' /CHENNAI, &# /DATED 23 RD JUNE, 2017 JR # () *) /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. - ( )/CIT(A) 4. - /CIT 5. )./ 0 /DR 6. /1 /GF