VIJENDRA YADAV, Jaipur V. ITO, BEHROR

ITA 40/JPR/2015

• Counselvise Citation: 4023114 RSA 2015
• Duration Of Justice: 9 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 12-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MEENA CIT DR DHK
• Assessee Lawyers: MANISH AGARWAL

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH IH-DS-CALY] YS[KK LNL; DS LE{K BEFORE: SHRI P.K. BANSAL, ACCOUNTANT MEM BER VK;DJ VIHY LA-@ ITA NO. 40/JP/2015 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2007-08 SHRI VIJENDRA YADAV VILLAGE: DHUNDHARIYA PEEPLI TEHSIL: BEHROR, ALWAR CUKE VS. THE ITO WARD- BEHROR BEHROR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: AFXPY 2481 H VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI MANISH AGARWAL, CA JKTLO DH VKSJ LS@ REVENUE BY :SHRI M.S. MEENA, CIT -DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 06/11/2015 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 06/11/2015 VKNS'K@ ORDER PER P.K. BANSAL, AM THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A), ALWAR DATED 10-11-2014 PERTAINING TO A DDITION OF RS. 6.66 LACS. 2.1 AFTER HEARING THE RIVAL CONTENTIONS AND GOING T HROUGH THE ORDERS OF THE TAX AUTHORITIES BELOW, I NOTICED THAT IN THIS C ASE THAT THE LD. CIT(A) HAS UPHELD THE ADDITION OF RS. 6.66 LACS OF PEAK CASH D EPOSIT IN THE BANK ACCOUNT OF THE ASSESSEE. THE ASSESSEE IS A REGULAR ASSESSEE AND IN THE EARLIER YEAR IN THE BALANCE SHEET, THE ASSESSEE HAS SHOWN CASH IN HAND AT RS. 6,08,760/-. DURING THE YEAR, I NOTED THAT THE A SSESSEE HAS SHOWN ITA NO.488 /JP/2015 SHRI RAJU SARRAF VS. ACIT CIRCLE- 4, JAIPUR 2 INCOME FROM PASHU PALAN AT RS. 70,865/-. THE SAID S UM IN MY OPINION IS SUFFICIENT TO PROVE THE SOURCE OF PEAK DEPOSIT. DURING THE YEAR, THE ASSESSEE HAS SHOWN CASH DEPOSIT OF RS. 10.90 LA CS OUT OF WHICH RS. 6.66 LACS WAS ADDED BUT THE SAID SUM OF RS. 10.90 L ACS HAS BEEN DULY SHOWN BY THE ASSESSEE IN THE CASH FLOW WHICH IS APP EARING AT PAGES 22 TO 23 OF THE PAPER BOOK. IN MY OPINION, THE AO IS NOT CORRECT IN NOT ACCEPTING THE OPENING CASH IN HAND AS INCOME HAS BE EN SHOWN BY THE ASSESSEE FROM PASHU PALAN. NO COGENT MATERIAL OR E VIDENCE WAS BROUGHT TO MY KNOWLEDGE THAT SUCH CASH WAS NOT AVAI LABLE WITH THE ASSESSEE. I ACCORDINGLY DELETE THE ADDITION OF RS. 6.66 LACS. 3.0 IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 06/11 /2015. SD/- IH IHIH IH- -- -DS DSDS DS- -- -CALY CALY CALY CALY (P.K. BANSAL) YS[KK YS[KK YS[KK YS[KK LNL;@ LNL;@ LNL;@ LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 06 /11/ 2015 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI VIJENDRA YADAV, BEHROR 2. IZR;FKHZ@ THE RESPONDENT- THE ITO, WARD- BEHROR 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 40/JP/2015) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR