Iqbal, Gurgaon V. ITO, Ward- 2(5), Gurgaon

ITA 3810/DEL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3691 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 12-06-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: T VASANTHAN
• Assessee Lawyers: S L KUNAL AGGARWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT ITA NO.3810/DEL/2017 ASSESSMENT YEAR : 2011-12 IQBAL, 474/2, ADARSH NAGAR, NEW RAILWAY ROAD, GURGAON, HARYANA - 12200. PAN: ABQPI6000B VS. ITO, WARD-2(5), GURGAON. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI S.L. KUNAL AGGARWAL, CA DEPARTMENT BY : SHRI T. VASANTHAN, SR. DR DATE OF HEARING : 18.10.2017 DATE OF PRONOUNCEMENT : 18.10.2017 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER PASSED BY THE CIT(A) ON 27.09.2016 IN RELATION TO THE ASSESSM ENT YEAR 2011-12. ITA NO.3810/DEL/2017 2 2. THE GROUNDS CHALLENGING INITIATION OF REASSES SMENT WERE NOT PRESSED BY THE LD. AR. THE SAME ARE, THEREFORE, DISMISSED AS NOT PRESSED. 3. THE ONLY OTHER ISSUE WHICH SURVIVES IN THIS APPE AL IS AGAINST THE CONFIRMATION OF ADDITION OF RS.3 LAC. 4. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT T HE ASSESSEE MADE CASH DEPOSITS OF RS.28.65 LAC IN HIS BANK ACCOUNT MAINTA INED WITH HDFC BANK. ON BEING CALLED UPON TO EXPLAIN THE SOURCE O F DEPOSITS, THE ASSESSEE SUBMITTED EXPLANATION WHICH WAS ACCEPTED T O THE TUNE OF RS.25.05 LAC. REMAINING CASH DEPOSITS OF RS.3 LAC WERE ADDED BY THE ASSESSING OFFICER. SUCH AN ADDITION CAME TO BE AFFI RMED IN THE FIRST APPEAL. THE ASSESSEE IS AGGRIEVED AGAINST THE SUSTE NANCE OF SUCH AN ADDITION. 5. I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE RELEVANT MATERIAL ON RECORD. THE ASSESSEE DEPOSITED A SUM O F RS.1 LAC IN HIS BANK ACCOUNT ON 29.12.2010 AND A FURTHER SUM OF RS.2 LAC ON 27.01.2011. THE ASSESSEE IS A SMALL TIME EMPLOYEE. HERE IS A CASE IN WHICH THE ASSESSEE ITA NO.3810/DEL/2017 3 HAS THREE BROTHERS LIVING TOGETHER WITH THEIR MOTHE R. THE OTHER THREE BROTHERS ARE ALSO HAVING CERTAIN EMPLOYMENTS. THIS SHOWS THAT ALL THE THREE BROTHERS, WORKING AS EMPLOYEES AT LOWER POSTS , DEPOSITED A TOTAL SUM OF RS.3 LAC IN THE BANK ACCOUNT MAINTAINED IN T HE NAME OF THE ASSESSEE, WHICH IS NOT UNREASONABLE. CONSIDERING T HE ENTIRE FACTUAL SCENARIO PREVAILING IN THIS CASE, I AM OF THE CONSI DERED OPINION THAT THE SOURCE OF CASH DEPOSIT OF RS.3 LAC CANNOT BE CONSID ERED AS UNEXPLAINED. I, THEREFORE, ORDER FOR THE DELETION OF ADDITION. 6. IN THE RESULT, THE APPEAL FILED BY THE ASS ESSEE IS PARTLY ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 18.10.201 7. SD/- [R.S. SYAL] VICE PRESIDENT DATED, 18 TH OCTOBER, 2017. DK ITA NO.3810/DEL/2017 4 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.