ABHAYSING RAJPUT, MUMBAI V. ITO 19(2)(1), MUMBAI

ITA 4040/MUM/2014

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 0864 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 7 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 03-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR YADAV
• Assessee Lawyers: D C SABOO

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH A, MUMBAI BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.4040/M/2014 ASSESSMENT YEAR: 2009-10 SHRI ABHAYSING RAJPUT, R.N.5, DASTURIWALA CHAWL, K.F. MEHTA ROAD, SANTACRUZ (W), MUMBAI 400 054 PAN: AAFPR0258L VS. INCOME TAX OFFICER 19(2)(1), 3 RD FL, PIRAMAL CHAMBER, LALBAUG, MUMBAI - 400020 (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI D.C. SABOO, A.R. & SHRI SHYAM SABOO, A.R. REVENUE BY : SHRI RAJESH KUMAR YADAV, D.R. DATE OF HEARING : 01.01.2018 DATE OF PRONOUNCEMENT : 15.01.2018 O R D E R PER D.T. GARASIA , JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSES SEE AGAINST THE ORDER DATED 05.03.2014 OF THE COMMISSIONER OF I NCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] R ELEVANT TO ASSESSMENT YEAR 2009-10. 2. THE SHORT FACTS OF THE CASE ARE THAT THE ASSESSI NG OFFICER (HEREINAFTER REFERRED TO AS THE AO) HAS RECEIVED TH E AIR INFORMATION THAT THE ASSESSEE HAS DEPOSITED RS.14,53,000/- IN C ASH IN THE SAVINGS BANK ACCOUNT OF STATE BANK OF BIKANER & JAIPUR, GHA TKOPAR BRANCH, ITA NO.4040/M/2014 SHRI ABHAYSING RAJPUT 2 MUMBAI. ACCORDINGLY, SHOW CAUSE NOTICE WAS ISSUED TO THE ASSESSEE TO SUBMIT COMPLETE DOCUMENTARY EVIDENCES TO PROVE T HE SOURCE OF CASH DEPOSITS IN ITS BANK ACCOUNT. SINCE THE AO WA S NOT SATISFIED WITH THE REPLY OF ASSESSEE, AO ADDED RS.14,53,000/- TO THE INCOME OF THE ASSESSEE. 3. MATTER CARRIED TO THE LD. CIT(A) AND THE LD. CIT (A) HAS PARTLY ALLOWED THE APPEAL OF THE ASSESSEE. 4. DURING THE COURSE OF HEARING, THE LD. A.R. SUBMI TTED THAT THE LD. CIT(A) HAS NOT DISPOSED OF GROUND NO.6 WHICH WA S FILED BEFORE THE LD. CIT(A) AND THE LD. A.R. ALSO SUBMITTED THAT THE LD. CIT(A) HAS NOT CONSIDERED THE EVIDENCE WHICH WAS FILED BEF ORE THE AO AND THE LD. CIT(A). THEREFORE, THIS MATTER MAY BE REST ORED TO AO TO DECIDE IT AFRESH. ASSESSEE HAS PRODUCED ALL THE EV IDENCES AND IF BOTH THE EVIDENCES ARE CONSIDERED AND VERIFIED BY THE AO THEN THERE WILL NOT BE ANY ADDITION. 5. THE LD. D.R. OBJECTED TO IT. 6. HAVING HEARD BOTH THE PARTIES, WE ARE OF THE VIE W THAT LD. CIT(A) HAS NOT DISPOSED OF GROUND NO.6 AND LD. CIT( A) HAS DISPOSED OF OTHER GROUNDS. THE GROUND NO.6 AND OTH ER GROUNDS ARE INTERCONNECTED. MOREOVER, ASSESSEE HAS ALSO TAKEN THE CONTENTION THAT ASSESSEE HAS RECEIVED THIS AMOUNT FROM HIS FAT HER OUT OF HIS HUF FUND AND HE HAS PRODUCED ALL THE DOCUMENTS IN SUPPO RT OF AGRICULTURAL LAND AT HIS NATIVE PLACE. THEREFORE, IF THIS IS CO NSIDERED, THEN THERE ITA NO.4040/M/2014 SHRI ABHAYSING RAJPUT 3 WILL BE NO ADDITION. THEREFORE, CONSIDERING THE TO TALITY OF THE FACTS AND CIRCUMSTANCES, WE RESTORE THIS ISSUE BACK TO TH E FILE OF AO AND AO IS DIRECTED TO DECIDE THE MATTER AFRESH AFTER CO NSIDERING ALL THE EVIDENCES. AO IS AT LIBERTY TO REPEAT THE ADDITION IF THE ASSESSEE IS FAILED TO PRESENT BEFORE THE AO. 7. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 15.01.2018. SD/- SD/- (RAJESH KUMAR) (D.T. GARASIA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED:15.01.2018. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.