Minal Pndurang Marathe, Dhule V. Income-Tax Officer, ward -1, Dhule

ITA 411/PUN/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0797 (ITAT-PUNE)
• Duration Of Justice: 8 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 23-09-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.411/PUN/2021 नधा रण वष / Assessment Year : 2017-18 Minal Pandurang Marathe, 4043/B, Lane No.7, Near Vankhedkar Hospital, Dhule – 424 001 Maharashtra PAN : CIIPM4647R Vs. ITO, Ward-1, Dhule (Appellant) (Respondent) आदेश / ORDER PER S.S. GODARA, JM : This assessee’s appeal for AY 2017-18 arises against the National Faceless Appeal Centre (NFAC), Delhi’s order dated 27.07.2021 passed in Din No. ITBA/NFAC/AC/S/ 250/2021- 22/1034442594(1) involving proceedings under Section 250 of the Income Tax Act, 1961 in short the Act. Heard both parties. Case file perused. 2. It transpires during the course of hearing that the assessee’s sole substantive ground pleaded in this instant appeal challenges correctness of both the lower authorities action treating her cash deposits of Rs.24.50 lakhs as unexplained in the course of assessment dt. 12-12-2019 as upheld in the lower authorities order. Appellant by Shri Prayag jha Respondent by Shri Arvind Desai Date of hearing 26-05-2022 Date of pronouncement 30-05-2022 ITA No. 411/PUN/2021 Minal Pandurang Marathe 2 3. A perusal of the lower authorities detailed discussion suggests that assessee has attributed source of the impugned cash deposits of Rs.24.50 lakhs to her opening balance of Rs.8.50 lakhs, her father’s agricultural income of Rs.9.00 lakhs, diseased mother’s cash in hand of Rs.5.00 lakhs and her own withdrawals amounting to Rs.6,72,410/- (in preceding assessment years); respectively. Mr. Desai could hardly rebut the assessee’s arguments that her parents owned agricultural lands in the State of Maharashtra giving rise to agricultural income from sale of various agro products. This is coupled with the fact that there is no other indication in the case file that the assessee’s parents has deposited any cash or claimed agricultural income in their respective hands. The fact also remains that the assessee has not been able to reconcile each and every withdrawal in her own hands as well as in case of the parents by filing all the relevant details. It is made clear that what all she has done is to place on record withdrawal entries of herself and her mother since assessment years 2010- 11 and 2011-12; respectively involving Rs.6,72,410/- and Rs.14,74,500/-; respectively. That being the case, I conclude that neither party’s submissions deserve to be accepted in entirety for the foregoing reasons. Faced with this situation, I hold that a lumpsum addition of Rs.12.25 lakhs out of Rs.24.50 lakhs would be just and proper with a rider that the same shall not be treated as a precedent. Ordered accordingly. 4. Necessary computation shall follow as per law. ITA No. 411/PUN/2021 Minal Pandurang Marathe 3 5. This assesee’s appeal is partly allowed in above terms. Order pronounced in the Open Court on 30 th May, 2022. Sd/- (S.S.GODARA) JUDICIAL MEMBER प ु णे Pune; दनांक Dated : 30 th May, 2022 Satish/Doc आदेश क त ल प अ े षत / Copy of the Order is forwarded to : 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. NFAC, Delhi 4. वभागीय त न ध, आयकर अपील!य अ धकरण, प ु णे “SMC” / DR ‘SMC’, ITAT, Pune; 5. गाड फाईल / Guard file. आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune ITA No. 411/PUN/2021 Minal Pandurang Marathe 4 Date 1. Draft dictated on 26-05-2022 Sr.PS 2. Draft placed before author 27-05-2022 Sr.PS 3. Draft proposed & placed before the second member -- JM 4. Draft discussed/approved by Second Member. -- JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.