M/s. Puneet Dewan HUF, Meerut V. ITO, Meerut

ITA 4017/DEL/2014

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4525 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 07-06-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 16-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Assessee Lawyers: PIYUSH
• Keywords: Gift

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A. NO.4017/DEL/2014 ASSESSMENT YEAR: 2009-10 M/S. PUNEET DEWAN HUF, 54-A, SAKET, MEERUT. VS. ITO, WARD-2(1), MEERUT. TAN/PAN: AAJHP 2039K (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI GAUTAM JAIN & SHRI PIYUSH, ADV. RESPONDENT BY: SHRI SURENDER PAL, SR.D.R. DATE OF HEARING: 28 08 2018 DATE OF PRONOUNCEMENT: 29 10 2018 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED ORDER DATED 25.02.2014, PASSED BY LD. COMMISSIONER OF INCOME TAX (APPEALS), MEERUT FOR TH E QUANTUM OF ASSESSMENT PASSED U/S.143(3) FOR THE ASSESSMENT YEAR 2009-10. IN THE GROUNDS OF APPEAL, THE ASSESSEE HAS CHALLENGED VARIOUS ADDITIONS MADE BY T HE ASSESSING OFFICER ON ACCOUNT OF CASH DEPOSITS AND O THER UNEXPLAINED DEPOSITS MADE IN VARIOUS BANK ACCOUNTS OF THE ASSESSEE AGGREGATING TO RS.2,73,00,000/-. 2. THE FACTS IN BRIEF ARE THAT ASSESSEES CASE WAS SELECTED FOR SCRUTINY UNDER CASS ON THE GROUND THAT THE ASSE SSEE HAS I.T.A. NO.4017/DEL/2014 2 MADE DEPOSITS IN CASH IN HIS SAVING BANK ACCOUNT. T HE ASSESSING OFFICER NOTED THAT ON MANY OCCASIONS THER E HAS BEEN NON-COMPLIANCE BY THE ASSESSEE WHICH HAS BEEN NOTED BY HIM IN THE IMPUGNED ASSESSMENT ORDER. THOUGH, HE ADMITTED THAT CERTAIN PART REPLIES AND DETAILS HAVE BEEN FILED. HOWEVER, HE WAS NOT SATISFIED WITH THE EXPLANATION AND DOCUMENTS FILED BY THE ASSESSEE AND HELD THAT ALL T HE CASH DEPOSITED IN VARIOUS BANK ACCOUNTS ARE UNEXPLAINED AND HAVE TO BE ADDED U/S.68 OF THE ACT. 3. BEFORE THE LD. CIT(A), ASSESSEE HAD FILED DET AILED WRITTEN SUBMISSION AND VARIOUS EVIDENCES WHICH WERE FORWARDED TO THE ASSESSING OFFICER FOR GETTING AOS REMAND REPORT AND AO WAS ALSO DIRECTED TO CONDUCT NECESSAR Y INQUIRIES. HOWEVER, THE REMAND REPORT SUBMITTED BY THE AO HAS NOT BEEN DISCUSSED IN THE IMPUGNED APPELLATE OR DER. IN RESPONSE TO THE REMAND REPORT, THE ASSESSEE HAS FIL ED ITS DETAILED REBUTTAL AND REJOINDER WHICH HAS BEEN DEAL T AND INCORPORATED IN THE IMPUGNED ORDER. HOWEVER, THE LD . CIT(A) HAS CONFIRMED THE ACTION OF THE ASSESSING OFFICER H OLDING THAT ASSESSEE HAS NOT BEEN ABLE TO DISCHARGE THE ONUS U/ S.68 OF THE ACT. 4. AFTER HEARING BOTH THE PARTIES AND ON PERUSAL OF THE RELEVANT FINDING GIVEN IN THE IMPUGNED ORDERS AS WE LL AS MATERIAL REFERRED TO BEFORE US, AT THE TIME OF HEAR ING, IT IS SEEN THAT LEARNED ASSESSING OFFICER HAS MADE ADDITION ON ACCOUNT OF ENTIRE CASH DEPOSITS IN VARIOUS BANK ACCOUNTS. T HE DETAILS I.T.A. NO.4017/DEL/2014 3 OF WHICH ARE AS UNDER: - (I) CASH DEPOSITS IN BANK ACCOUNT OUT OF ADVANCE OF PURCHASE OF LAND BY SHRI VINEET KHURANA: RS.40,00,000/- (II) ADDITION REPRESENTING UNEXPLAINED CASH DEPOSITS IN SAVING BANK ACCOUNT WITH ICICI BANK: RS.54,40,000/- (III) ADDITION REPRESENTING UNEXPLAINED CASH DEPOSITS IN SAVING BANK ACCOUNT WITH PNB: RS.18,35,000/- 5. BEFORE US, THE LEARNED COUNSEL FOR THE ASSESS EE SUBMITTED THAT ASSESSEE HAD FILED PLETHORA OF EVIDE NCES IN SUPPORT OF THE EXPLANATION GIVEN FOR EACH AND EVERY DEPOSIT WHICH HAS NEITHER BEEN PROPERLY CONSIDERED NOR HAS BEEN TAKEN INTO CONSIDERATION BY THE AUTHORITIES BELOW. HE DREW OUR ATTENTION TO VARIOUS EVIDENCES AGAINST VARIOUS DEPOSITS. THE SAME FOR THE SAKE OF READY REFERENCE ALONG WITH REFERENCE OF THE EVIDENCES PLACED IN THE PAPER BOOK ARE REPRO DUCED HEREUNDER: - ISSUE INVOLVED AMOUNT EVIDENCES (RS.) (PAGES OF PAPER BOOK) ADDITION REPRESENTING CASH DEPOSITS IN BANK ACCOUNT OUT OF ADVANCE FOR PURCHASE OF LAND BY SHRI VINEET KHURANA 40,00,000 I) COPY OF FOLLOWING RECEIPTS - RS. 15,00,000/- DATED 5.11.2008 (162) - RS. 10,00,000/- DATED 8.11.2008 (163) - RS. 5,00,000/ - DATED 16.11.2008 (164) - RS. 5,00,000/ - DATED 25.1.2009 (165) AO: PAGES 5 - 6 PARA 5 OF THE - RS. 5,00,000 DATED 31 .01.2009 (166) ORDER OF ASSESSMENT II) COPY OF AFFIDAVIT BY SH. VINEET KHURANA (167 - 168 AND 169 - 170) I.T.A. NO.4017/DEL/2014 4 REMAND REPORT DATED III) COPY OF STATEMENT RECORDED ON 15.3.2013 22.3.2013: PAGES 27 - 28 OF VINEET KHURANA DURING REMAND PROCEEDINGS PAPER BOOK IV) DETAILS OF CASH RECEIVED AGAINST PROPERTY (56) REMAND REPORT DATED V) COPY OF PURCHASE DEED DATED 26.7.2007 (115-132) 5.8.2013: PAGES 35 - 36 OF PAPER BOOK SANDEEP SURI (SOURCE OF VINEET KHURANA ) CIT(A): PAGES 7-9 PARA 3.1.3 OF ORDER I) COPY OF ACKNOWLEDGMENT OF RETURN OF INCOME FOR ASSESSMENT YEAR 2005-06 (PAGES 154) II) COPY OF ACKNOWLEDGMENT OF RETURN OF INCOME FOR ASSESSMENT YEAR 2004-05 (PAGES 155) III) COPY OF ACKNOWLEDGMENT OF RETURN OF INCOME FOR ASSESSMENT YEAR 2003-04 (PAGES 156) IV) COPY OF PAN NO. ABTPS427DR (PAGE 157) V) COPY OF DEATH CERTIFICATE (PAGE 158) VI) COPY OF IKRARNAMA FROM SANDEEP SURI (PAGE 159- 160) VII) COPY OF CONFIRMATION FROM SANJEEV SURI (PAGES 161) REPLIES DURING THE COURSE OF ASSESSMENT PROCEEDINGS - REPLY DATED 7.12.2011 (16) - REPLY DATED 23.12.2011 (18) - REPLY (21-22) REPLIES DURING THE COURSE OF APPELLATE PROCEEDINGS - SUBMISSION (23) - ADDITIONAL SUBMISSION (25) - REJOINDER SUBMISSION (41-43) ADDITION REPRESENTING UNEXPLAINED CASH DEPOSITS IN SAVING BANK ACCOUNT WITH ICICI BANK A DDITION REPRESENTING UNEXPLAINED CASH DEPOSITS IN SAVING BANK ACCOUNT WITH PUNJAB NATIONAL BANK AO: PAGE 7 PARA 7 AND PARA 9 OF THE ORDER OF ASSESSMENT REMAND REPORT DATED 54.40.000 18.35.000 RAJ RANI DEWAN I) COPY OF REPLY FILED BY RAJ RANI DEWAN BEFORE ASSESSING OFFICER (PAGE 89) II) COPY OF GIFT DEED OF RS. 30,00,000/- (PAGE 90) III) COPY OF PAN NO. ACUPR7183D (PAGE 91) IV) COPY OF COMPUTATION OF NET WORTH OF SMT. RAJ RANI DEWAN (PAGE 92) V) COPY OF PASSPORT OF RAJ RANI DEWAN (PAGE 93) VI) COPY OF PAN NO. ACUPR7183 D (PAGE 94) VII) COPY OF AFFIDAVIT BY THE FOLLOWING PERSONS - BHOPAL SINGH (PAGE 95) SHIVPAL (PAGE 96) I.T.A. NO.4017/DEL/2014 5 22.3.2013: PAGE 31 OF PAPER BOOK REMAND REPORT DATED VIII) COPY OF IKRARNAMA WITH RAJ RANI DEWAN (PAGES 99-101) IX) COPY OF STATEMENT RECORDED OF SMT. RAJ RANI DEWAN DURING REMAND- PROCEEDINGS IN THE CASE OF APPELLANT (PAGE 102-104) X) COPY OF VOTER ID CARD (PAGE 105) 5.8.2013: PAGES 37 - 39 OF PAPER BOOK CIT(A): PAGES 16-19 OF ORDER 29.7.2013 COPY OF STATEMENT RECORDED OF AKBAR ALI DATED 29.07.2013 DURING REMAND PROCEEDINGS IN THE CASE OF PUNEET DEWAN HUF (PAGES 106-109) COPY OF KHATONI ALONGWITH KHASRA (PAGES 110-114) COPY OF SALE DEED DATED 26.7.2007 (PAGES 115-132) RITU DEWAN COPY OF GIFT DEED OF RS. 30,00,000/- (PAGE 133) COPY OF REPLY FILED BY RITU DEWAN BEFORE ASSESSING OFFICER (PAGE 134) COPY OF GIFT DEED OF RS. 50,00,000/- (PAGE 135) COPY OF PASSPORT OF RITU DEWAN (PAGE 136) COPY OF PAN NO. AFPPD7008F (PAGE 137) COPY OF IKRARNAMA WITH RITU DEWAN (PAGES 138-140) VII) COPY OF AFFIDAVIT BY THE FOLLOWING PERSONS UMMED ALI (PAGE 141) SHAIFAL ALI (PAGE 142) GUL BAHAR (PAGE 143-144) VIII)COPY OF IKRARNAMA WITH RITU DEWAN (PAGES 145-147) I X XX X) )) ) COPY OF AFFIDAVIT BY THE FOLLOWING PERSONS SOMVEER (PAGE 148) BHUP SINGH (PAGE 149) OMVEER (PAGE 150) X) COPY OF STATEMENT RECORDED OF RITU DEWAN 13.03.2013 DURING REMAND PROCEEDINGS IN THE CASE OF PUNEET DEWAN HUF (PAGES 151-153) REPLIES DURING THE COURSE OF ASSESSMENT PROCEEDINGS. -REPLY DATED 23.12.2011 (19) REPLY (22) I.T.A. NO.4017/DEL/2014 6 VII) REPLIES DURING THE COURSE OF APPELLATE PROCEEDINGS ADDITIONAL SUBMISSION (25) REJOINDER SUBMISSION (46-48 A DDITION REPRESENTING UNEXPLAINED DEPOSITS IN SAVING BANK ACCOUNT WITH ICICI BANK LTD. ADDITION REPRESENTING UNEXPLAINED DEPOSITS IN SAVING BANK ACCOUNT WITH PUNJAB NATIONAL BANK AO: PAGES 7-8 PARAS 10-11 OF THE ORDER OF ASSESSMENT REMAND REPORT DATED 22.3.2013: PAGE 32 OF PAPER BOOK CIT(A): PAGE 19-22 OF ORDER 88,70,755 18,00,000 COPY OF BANK STATEMENT (PAGES 53 - 55) COPY OF CONFIRMATION OF RS. 20,00,000/- FROM PUNEET DEWAN (PAGE 58) COPY OF BANK STATEMENT (PAGE 60) COPY OF STATEMENT RECORDED OF PUNEET DEWAN KARTA OF M/S PUNEET DWAN HUF (PAGES 62-63) COPY OF PAN NO OF PUNEET DEWAN AAMPD0385R (PAGE 64) COPY OF LEDGER ACCOUNT OF APPELLANT IN THE BOOKS OF SHANKER STEELS (PAGE 65) V) COPY OF PAN NO. OF SHANKER STEELS AAQFS9202G (PAGE 66) VI) COPY OF BANK STATEMENT OF SHANKER STEELS (PAGE 67) VII) COPY OF BANK STATEMENT OF PUNEET DEWAN HUF (PAGE 68-73) VIII) COPY OF AFFIDAVIT OF SH. PUNEET DEWAN (PAGES 74-77) M/S GUNU ENTERPRISES I) COPY OF LETTER FROM ASSESSING OFFICER (PAGE 174) II) COPY OF REPLY FILED BY GUNU ENTERPRISES (PAGE 175) III) COPY OF BANK STATEMENT (PAGES 176- 178) IV) COPY OF PAN NO. AFNPD0701M OF MITALI NARAYAN DEV (PAGE 179) REPLIES DURING THE COURSE OF ASSESSMENT PROCEEDINGS - REPLY (22) - REPLIES DURING THE COURSE OF APPELLATE PROCEEDINGS - REJOINDER SUBMISSION (48-49) 5.1 THUS, HE SUBMITTED THAT ALL THESE EVIDENCES HAV E BEEN BRUSHED ASIDE WITHOUT ANY COGENT REASON. IN FACT, H EAVY RELIANCE PLACED ON THE SUBMISSION OF SHRI VINEET KH URANA I.T.A. NO.4017/DEL/2014 7 RECORDED ON 15.08.2013 HAS ITSELF BEEN OVERLOOKED W HILE SUSTAINING THE ADDITION. SIMILAR STATEMENT OF SHRI PUNEET DIWAN AND OTHERS HAS ALSO NOT BEEN ADVERTED TO IN T HE ORDER OF THE LD. CIT(A). THUS, THE MATTER SHOULD BE REMAN DED BACK TO THE FILE OF THE ASSESSING OFFICER TO GIVE PROPER FINDING ON EACH AND EVERY EVIDENCE AND ALSO TO CONSIDER THE EX PLANATION AND THE STATEMENT GIVEN DURING THE COURSE OF THE AS SESSMENT AND APPELLATE PROCEEDINGS. 6. ON THE OTHER HAND, LEARNED DEPARTMENT REPRESENTA TIVE STRONGLY RELIED UPON THE ORDER OF THE ASSESSING OFF ICER AND LD. CIT(A) AND SUBMITTED THAT CATEGORICAL FINDING HAS B EEN GIVEN IN THE IMPUGNED ORDER THAT THE ASSESSEE HAS NOT DIS CHARGED ITS ONUS AND THEREFORE, ORDER OF CIT(A) SHOULD BE A FFIRMED. 7. FROM THE PERUSAL OF THE VARIOUS EVIDENCES F ILED BY THE ASSESSEE BEFORE THE AUTHORITIES BELOW, IT IS SEEN T HAT NONE OF THESE EVIDENCES HAVE BEEN PROPERLY DEALT WITH OR HA S BEEN REBUTTED EITHER IN THE REMAND REPORT BY THE ASSESSI NG OFFICER OR BY THE LD. CIT(A). ALL THESE EVIDENCES GOES TO T HE VERY ROOT OF THE EXPLANATION TENDERED BY THE ASSESSEE WHICH HAVE NOT BEEN REBUTTED OR ADVERTED, THEREFORE, WE ARE OF THE OPIN ION THAT THE ENTIRE ISSUE SHOULD BE REMANDED BACK TO THE FILE OF THE ASSESSING OFFICER WHO SHALL CONSIDER ALL THESE EVID ENCES AND EXPLANATION OF THE ASSESSEE AND DECIDE THE ISSUE A FRESH AND IN ACCORDANCE WITH LAW AFTER GIVING DUE AND EFFECTI VE OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE ITS CAS E. ACCORDINGLY, THE GROUNDS RAISED BY THE ASSESSEE ARE TREATED AS I.T.A. NO.4017/DEL/2014 8 ALLOWED FOR STATISTICAL PURPOSES. 8. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH OCTOBER, 2018. SD/- SD/- [PRASHANT MAHARISHI] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 29 TH OCTOBER, 2018 PKK: