ACIT, Ajmer V. SUDARSHNA SOMANI, Kishangarh

ITA 474/JPR/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 5655 (ITAT-JAIPUR)
• Duration Of Justice: 8 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-01-2017
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2007-2008
• Appeal Filed On: 05-05-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: NIKHLESH KATARIA CA DHK
• Section: 133A; 133(6); 147; 131

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 HKKXPUN] YS[KK LNL; DS LE{K BEFORE: SHRI BHAGCHAND, ACCOUNTANT MEMBER VK;DJ VIHY LA-@ ITA NO. 474/JP/2016 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2007-08 THE ACIT CENTRAL CIRCLE- AJMER AJMER CUKE VS. SMT. SUDARSHANA SOMANI H.NO. 26/84, NEAR JANGID DHARAMSHALA, MADANGANJ-KISHANGARH LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: BGUPS 7674 F VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY: SHRI R.A. VERMA, ADDL.CIT- DR FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY: SHRI NIKHLESH KATARIA, CA LQUOKBZ DH RKJH[K@ DATE OF HEARING : 06/01/2017 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 10 /01/2017 VKNS'K@ ORDER PER BHAGCHAND, AM THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER OF THE LD. CIT(A)-2 , UDAIPUR DATED 22-02-2016 FOR THE ASSES SMENT YEAR 2007-08 RAISING FOLLOWING GROUNDS OF APPEAL. 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD CIT(A) WAS RIGHT IN MODIFYING THE G.P. ADDITION MADE BY THE AO ON TRANSACTION FACILITATED BY THE ASSESSEE BY HOLDING THAT ONLY NET COMMISSION INCOME OF RS.225/- PER RS. 1 LAC COULD B E TAXED ON THE BANK DEPOSITS TAKEN BY THE AO AS TURNOVER WITHOUT GIVING ANY SPECIFIC FINDINGS ON THE OWNER OF THE DEPOSITS MADE IN THE B ANK ACCOUNTS. 2. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE, THE LD CIT(A) WAS RIGHT IN NOT APPRECIATING THE FACTS T HAT THE ASSESSEE HAS ITA NO.474/JP/2016 THE ACIT, CENTRAL CIRCLE- AJMER VS. SMT. SUDARSHANA SOMANI, MADANGANJ -KISHANGARH 2 BEEN UNABLE TO PRODUCE ALL THE DEPOSITORS AS WELL A W ALL THE BENEFICIARIES TO WHOM PAYMENTS WERE MADE AND IN ABS ENCE OF DETAILS, IT WAS NOT PROVED BY THE ASSESSEE THAT SHE WAS PROV IDING FACILITY OF BRINGING UNRECORDED SALES PROCEEDS OF ANY SELLERS T HROUGH HER BANK ACCOUNT AND THEREFORE, IN THIS SITUATION, THERE WAS NO OTHER OPTION EXCEPT TO HOLD THAT THE DEPOSITS IN BANK ACCOUNTS A RE NOTHING BUT ASSESSEE'S OWN TRADING RECEIPTS/ SALE PROCEEDS AND WITHDRAWALS WERE FOR THE CORRESPONDING PURCHASES AND EXPENSES. 3.(I) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCE S OF THE CASE THE LD CIT(A) WAS RIGHT IN NOT APPRECIATING THE FACTS T HAT IN THIS CASE IT WAS ESTABLISHED BY THE AO THAT ASSESSEE WAS ENGAGED IN THE BUSINESS OF MARBLE TRADING AND THE DEPOSITS IN BANK ACCOUNTS RE PRESENT THE SALE PROCEEDS. (II) THE AO HAS RIGHTLY APPLIED THE RATE ON GROSS PROFIT OF TRADING BUSINESS OF MARBLE CONSIDERING THE AMOUNT OF DEPOSI TS IN HER BANK ACCOUNTS AS TRADING RECEIPTS UNRECORDED SALES IN HE R HANDS. 2.1 BRIEF FACTS OF THE CASE ARE THAT THE SURVEY U/S 133A OF THE I.T. ACT WAS CONDUCTED ON 18-01-2011 AS A FOLLOW UP ACTION F OR INFORMATION FROM FIU-IND KNOWN AS SUSPICION TRANSACTION REPORTS AND DURING THE SURVEY AND / OR AFTER THE SURVEY THE STATEMENTS ON OATH WE RE RECORDED U/S 133A AND OR 131(1A) OF THE I.T. ACT, 1961. THE CASES WER E CENTRALIZED ON 10-06-2011 WITH THE AO AND THE ASSESSMENT PROCEEDIN GS WERE INITIATED BY NOTICE U/S 147 AND DATED 25-03-2014. THE RETURNS OF INCOME WERE FILED BY THE ASSESSEE DECLARING INCOME AS UNDER:- A.Y. RETURNED INCOME DATE OF RETURN U/S 147 RI IN ORIGINAL IF ANY DATE OF ORIGINAL RETURN IF ANY 2007-08 1,37,038/- 23-04-2014 U/S 147 1,37,038/- 17-08-2007 ITA NO.474/JP/2016 THE ACIT, CENTRAL CIRCLE- AJMER VS. SMT. SUDARSHANA SOMANI, MADANGANJ -KISHANGARH 3 DURING THE COURSE OF SURVEY, STATEMENT OF ASSESSEE' S HUSBAND SHRI VASU DEV SOMANI WAS RECORDED AND HE WAS ASKED REGARDING BUSINESS ACTIVITIES CARRIED OUT IN THE CONCERNS M/S. VENKTASH SERVICES, SHREENATH SERVICES AND GANPATI MARBLES AND WHO REPLIED THAT CONCERNS C OVERED IN THE SURVEY WERE HIS WIFE AND HIS DAUGHTERS PROPRIETARY CONCER NS. HE SUBMITTED THAT HE DID NOT CONDUCT ANY BUSINESS ACTIVITY IN THESE F IRMS BUT HER BANK ACCOUNTS WERE USED BY MARBLE TRADERS TO BRING CASH AGAINST UNRECORDED SALES IN THEIR BOOKS OF ACCOUNTS. THE CASH DEPOSITE D BY OTHER PARTIES BASED IN DIFFERENT PARTS OF THE COUNTRY WAS WITHDRAWN AND HANDED OVER TO THE MARBLE TRADERS AND FOR THIS ACTIVITY THEY USED TO P AY HIM COMMISSION. THE BANK STATEMENTS OF THE CONCERNS WERE CALLED FROM TH E BANK DURING THE COURSE OF SURVEY IN WHICH HUGE TRANSACTIONS OF CASH DEPOSITS AND WITHDRAWALS WERE FOUND TO HAVE BEEN MADE. HE WAS CO NFRONTED REGARDING THE TRANSACTIONS IN HIS AND HIS FAMILY MEMBERS BAN K ACCOUNTS AND HE STATED THAT THE ENTIRE TRANSACTIONS IN THE BANK ACC OUNT WERE CARRIED OUT BY HIM. THE AO OBSERVED THAT HE CONFESSED DURING STATE MENT THAT HIS BANK ACCOUNT ARE BEING SUED AS A CONDUIT TO TRANSACT THE FUNDS OF MARBLE TRADERS FROM OUTSTATION SELLERS TO KISHANGARH AND THE DEPO SITS DID NOT BELONG TO HIM. IT IS ALSO ACCEPTED BY HIM THAT ALL THE ACCOUN TS IN THE NAME OF HIS WIFE AND HIS DAUGHTER WERE OPERATED AND MANAGED BY HIM. HE ALSO STATED ITA NO.474/JP/2016 THE ACIT, CENTRAL CIRCLE- AJMER VS. SMT. SUDARSHANA SOMANI, MADANGANJ -KISHANGARH 4 THAT NO BOOKS OF ACCOUNTS ARE MAINTAINED. DURING TH E COURSE OF SURVEY, SHRI VASU DEV SOAMNI WAS ASKED REGARDING THE NAMES OF THE PARTIES FOR WHOM THESE TRANSACTIONS HAD BEEN DONE IN HER BANK A CCOUNTS. BEFORE THE AO, HE REPLIED THAT ALL THE DEPOSITS IN THE BANK AC COUNTS BELONGED TO DIFFERENT PARTIES AND HE DIVULGED THE NAMES OF 48 P ERSONS. THE AO FURTHER OBSERVED THAT THERE WAS LARGE SCALE OF UNDER INVOI CING AND UNDER BILLING OF SALES IN THE PREVAILING MARKET OF MARBLE BUSINE SS TRADING. THE AO OBSERVED THAT GENERALLY FOR OBTAINING SALE CONSIDER ATION OF ACTUAL TRANSACTION FROM THE BUYERS LOCATED OUTSIDE THE HOM ETOWN OR THROUGHOUT INDIA, THE TRADERS OBTAINED PART AMOUNT THROUGH CHE QUES AND FOR THE BALANCE AMOUNT, THEY HAD BEEN USING THEIR CONFIDANT S (FACILITY PROVIDERS). THE CONFIDANTS WERE HAVING MULTIPLE BANK ACCOUNTS E ITHER IN THEIR NAMES OR IN THE NAMES OF THEIR FAMILY MEMBERS OR CONCERNS / FIRMS. THEIR BANK ACCOUNT NUMBERS WERE INTIMATED TO THE BUYERS WHO D EPOSITED THE BALANCE AMOUNT WHICH IS ACTUALLY ON-MONEY IN THE BANK ACCOU NT OF THE CONFIDANTS. THE BUYERS DEPOSITED AMOUNT BELOW RS. 50,000/- TO A VOID MENTIONING PAN ON PAY-IN-SLIP. AFTER RECEIPT OF AMOUNT IN BANK ACCOUNT, THE CONFIDANTS I.E. FACILITY PROVIDERS HAD WITHDRAWN TH E AMOUNT OF ON-MONEY AND HANDED OVER TO THE BENEFICIARIES I.E. SELLERS. THE FACILITY PROVIDERS RECEIVED RS. 200/- TO RS. 300/- PER RS. 1.00 LAC AS COMMISSION FOR SUCH ITA NO.474/JP/2016 THE ACIT, CENTRAL CIRCLE- AJMER VS. SMT. SUDARSHANA SOMANI, MADANGANJ -KISHANGARH 5 FACILITY. THE AO OBSERVED THAT THE ASSESSEE WAS MA INTAINING FOLLOWING BANK ACCOUNTS DURING THE YEAR UNDER CONSIDERATION. S.N. BANK DETAILS TURNOVER 1. 0288 011 0000 0026 (PNB) RS. 76,06,968/- 2. 0288 021 0004 0195 (PNB) RS. 2,09,74,966/- TOTAL RS. 2,85,81,824/- THE AO FURTHER NOTED THAT THE DEPOSITS AS WELL AS W ITHDRAWALS APPEARING IN THESE BANK ACCOUNTS HAD NOT BEEN ACCOUNTED FOR I N THE BOOKS OF ACCOUNT AND HAD NOT BEEN CONSIDERED IN RETURN OF INCOME. TH E AO IN ORDER TO DETERMINE THE INCOME ATTRIBUTABLE TO THESE BANK ACC OUNTS ASKED THE ASSESSEE FOLLOWING QUESTIONS VIDE QUESTIONNAIRE DAT ED 8-12-2014. (I) PARTYWISE DETAILS OF DEPOSITS MADE IN ALL THE B ANK ACCOUNTS WITH NAME AND ADDRESS OF THE BENEFICIARIES . (II) TERMS AND CONDITIONS OF COMMISSION RECEIVED FR OM THE BENEFICIARIES WITH DOCUMENTARY EVIDENCES. IN COMPLIANCE THEREOF, THE ASSESSEE HAD STATED THAT COMPLETE DETAILS OF MARBLE TRADERS WITH ADDRESSES WERE FURNISHED TO INV ESTIGATION WING, UDAIPUR. THE AO NOTED THAT THE ASSESSEE HAD NEITHER SUBMITTED BANK STATEMENTS NOR NAMES AND ADDRESSES OF THE BENEFICIA RIES WITH DETAILS OF PARTYWISE DEPOSITS. HENCE, THE BANK STATEMENTS WERE CALLED FROM THE BANK AUTHORITIES BY THE AO BY ISSUE OF NOTICE U/S 133(6) OF THE ACT AND THE COPIES OF THE SAME WERE MADE AVAILABLE TO THE ASSES SEE. THE AO ALSO ITA NO.474/JP/2016 THE ACIT, CENTRAL CIRCLE- AJMER VS. SMT. SUDARSHANA SOMANI, MADANGANJ -KISHANGARH 6 OBSERVED FROM THE REPORT OF ADIT (INV.) UDAIPUR THA T THE ASSESSEE HAD FURNISHED NAME AND ADDRESSES OF 48 PERSONS TO THEM. THE AO IN ORDER TO VERIFY THE GENUINENESS OF TRANSACTIONS AND TO IDENT IFY THE BENEFICIARIES ISSUED SUMMONS U/S 131 OF THE ACT TO ALL THE 48 BEN EFICIARIES DURING ASSESSMENT PROCEEDINGS FOR A.Y. 2008-09 TO 2011-12 IN F.Y. 2013-14. THE AO OBSERVED THAT OUT OF 48 PERSONS ONLY ONE I.E . PANCHRATAN MARBLES (P) LTD. HAD SUBMITTED THAT SHE HAD DONE BUSINESS O F RS. 41.88 LACS THROUGH SHRI VASU DEV SOMANI AND INCOME OF THE SAME HAD BEEN OFFERED FOR TAXATION. THE AO FURTHER NOTED THAT ANOTHER PAR TY SHRI AJAY MALPANI HAD SUBMITTED THAT HE HAD NO DIRECT DEALINGS WITH S HRI VASU DEV SOMANI. THE AO CONCLUSIVELY OBSERVED THAT THE ASSESSEE FAIL ED TO PRODUCE THE BENEFICIARIES FOR CONFIRMATION. THE AO THUS LOOKING INTO THE FACTS AND CIRCUMSTANCES OF THE CASE MADE THE ADDITION OF THE RS. 42,15,819/- BY OBSERVING AS UNDER:- UNDER THE FACTS AND IN VIEW OF THE ABOVE DISCUSSI ON, THE DEPARTMENT IS LEFT WITH NO OPTION BUT TO APPLY PREVAILING RATE OF GROSS PROFIT OF TRADING BUSINESS OF MARBLE IN AND AROUND KISHNGARH AREA CONSIDERING THE AMOUNT OF DEP OSITS IN HIS BANK ACCOUNT AS TRADING RECEIPTS BEING UNRECORD ED SALES IN HIS HANDS AND IN ORDER TO DETERMINE THE TOTAL IN COME IT IS ALSO MENTION THAT VIDE THIS OFFICE LETTER DAT ED 19- 12-2013, WORKING OF GROSS PROFIT OF THE ASSESSEE EN GAGED IN THE BUSINESS OF MARBLE TRADING FROM A.Y. 2006-07 TO 2011- 12 WAS CALLED FROM ITO, KISHANGARH AND FROM SOME OF THE ASSESSEE. THE LATTER HAS PROVIDED WORKING OF GROSS PROFIT OF ITA NO.474/JP/2016 THE ACIT, CENTRAL CIRCLE- AJMER VS. SMT. SUDARSHANA SOMANI, MADANGANJ -KISHANGARH 7 SOME OF THE ASSESSEE ENGAGED IN THE BUSINESS OF MANUFACTURING OF MARBLES AND IN AROUND KISHANGARH IT IS WORTHWHILE TO MENTION THAT AVERAGE GROSS PROF IT FOR THREE YEARS IN THE CASE OF SIMILAR TYPE OF ASSE SSEE INVOLVED THEMSELVES IN SUCH TYPE OF PRACTICE OF BUS INESS WAS APPLIED IN A.Y. 2008-09 TO 2011-12 IN ASSESSEE'S OW N CASE. IN THIS CASE AVERAGE OF THE AVERAGE GROSS PROFIT AP PLIED FOR A.Y. 2008-09 TO 2011-12 IS APPLIED WHICH IS WORKED OUT AS UNDER:- A.Y. % OF GROSS PROFIT 2008-09 14% 2009-10 13% 2010-11 16% 2011-12 16% 59% AVERAGE OF 59% IS 14.75% TOTAL DEPOSITS IN ALL BANK ACCOUNTS OF THE ASSESSEE DURING THE ASSESSMENT YEAR 2007-08 ARE AS UNDER:- S.N. BANK DETAILS TURNOVER 1. 0288 011 0000 0026 (PNB) RS. 76,06,968/- 2. 0288 021 0004 0195 (PNB) RS. 2,09,74,966/- TOTAL RS. 2,85,81,824/- GROSS PROFIT @ 14.75% ON TURNOVER OF RS. 2,85,81,8 24/- IS WORKED OUT AT RS. 42,15,819/-. THEREFORE, GROSS PROFIT @ 14.75% ON TURNOVER OF RS . 2,85,81,824/- IS WORKED OUT AT RS. 42,15,819/-. ADD ITION OF RS. 42,15,819/- IS MADE. 2.2 IN FIRST APPEAL, THE LD. CIT(A) PARTLY ALLOWED THE APPEAL OF THE ASSESSEE BY OBSERVING AS UNDER:- ITA NO.474/JP/2016 THE ACIT, CENTRAL CIRCLE- AJMER VS. SMT. SUDARSHANA SOMANI, MADANGANJ -KISHANGARH 8 6. I HAVE CONSIDERED THE ASSESSMENT ORDER, THE ARGUMENTS AND WRITTEN SUBMISSION OF THE APPELLANT, THE REMAND REPORTS FOR A.Y. 2008-09 TO 2010-11 ALONGWIT H ALL THE SUPPORTING PAPERS SUBMITTED BY THE AO FOR A.Y. 2008-09 TO 2010-11 DURING THE APPELLATE PROCEEDINGS AND TH E MOST OF THE SURVEY REPORTS AND STATEMENTS OF THE APPELLANTS OF MADAN GANJ, KISHAN GARG. THE FINDINGS MADE IN THE APPELLA TE ORDER NO. 251 TO 254/15-16 FOR ITA NO. 870 TO 873/2013-14 DATED 14-09-2015 IN CASE OF THE APPELLANT FOR A.Y. 2008-0 9 TO 2010-11 IS REPRODUCED AT PAGE 11 TO 15 OF LD. CIT(A )S ORDER IN PARA 6.1 TO 6.6. 6.1 IN THE PREVIOUS APPELLATE ORDERS NO.251 TO 245/15-16 U/S 250 OF THE ACT FOR THE ITA NO. 870 TO 873/2013-14 DATED 14-09-2015 FOR A.Y. 2008-09 TO201 0-11 IN THE CASE OF THE ASSESSEE ALSO, I HELD THAT ONLY COMMISSION INCOME@ 225 PER RS. 1 LAC IS TAXABLE IN THE HANDS O F THE ASSESSEE. THE FACTS OF THIS CASE ARE SAME. 6.2 FOLLOWING THE SAME DECISION A NET COMMISSION INCOME OF RS. 225 PER RS. 1 LAC IS TRANSACTION FACI LITATED COULD BE TAXED ON THE BANK DEPOSITS TAKEN BY THE AO AS TURNOVER ON PAGE 10 OF LAST SUB-PARA 6 OF THE ASSE SSMENT ORDER AS UNDER:- A.Y. THE BANK DEPOSITS TAKEN BY AO AS TURNOVER ON PAGE 10 LAST SUB-PARA OF 6 2007-08 RS. 2,85,81,824/- WITH THE ABOVE FINDING, THE GROSS PROFIT ADDITION MADE BY THE AO ON TRANSACTION FACILITATED BY THE APPELLA NT IS MODIFIED FOR UPHOLDING ONLY NET COMMISSION INCOME A S CONCLUDED IN PARA 6.2. THUS THIS GROUND IS TREATED AS PARTLY ALLOWED. 2.3 DURING THE COURSE OF HEARING, THE LD. AR OF THE ASSESSEE RELIED ON THE DECISION DATED 20-10-2016 OF ITAT, COORDINATE B ENCH, JAIPUR IN ITA ITA NO.474/JP/2016 THE ACIT, CENTRAL CIRCLE- AJMER VS. SMT. SUDARSHANA SOMANI, MADANGANJ -KISHANGARH 9 NO. 942 TO 945/JP/15 FOR THE ASSESSMENT YEAR 2008-0 9 TO 2011-12 IN THE CASE OF ACIT, CENTRAL CIRCLE, AJMER VS. SMT. KUSUMD EVI VIJAYVARGIYA, ITA NO. 932 TO 935/JP/2015 FOR THE ASSESSMENT YEAR 2008-09 TO 2011-12 IN THE CASE OF ACIT, CENTRAL CIRCLE, AJMER VS. SMT. SUDARSHNA SOMANI AND ITA NO. 940 TO 941/JP/2015 FOR THE ASSESSMENT Y EAR 2009-10 TO 2010-11 IN THE CASE ACIT, CENTRAL CIRCLE, AJMER VS. SHRI NARESH KUMAR AGARWAL WHICH HAVE BEEN SET ASIDE TO THE FILE OF TH E LD. CIT(A) FOR FRESH EXAMINATION OF THE CASES AND THE APPEALS OF THE REV ENUE IN THE ABOVE CASES WERE ALLOWED FOR STATISTICAL PURPOSES. 2.4 THE LD. DR RELIED ON THE ORDER OF THE AO. 2.5 I HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. IT IS NOTED FROM THE RECORD TH AT ITAT, COORDINATE BENCH, JAIPUR HAS ALREADY DEALT WITH THE ISSUE (SUP RA) VIDE ITS ORDER DATED 20-01-2016 AND CAME TO THE CONCLUSION BY SETTING AS IDE THE ISSUE TO THE FILE OF THE LD. CIT(A) FOR EXAMINATION OF THE APPEA LS IN THE CASE OF SMT. KUSUMDEVI VIJAYVARGIYA, SMT.SUDARSHANA SOMNAI AND S HRI NARESH KUMAR AGARWAL (SUPRA). IT IS ALSO NOTEWORTHY TO MEN TION THAT THIS APPEAL OF THE ASSESSEE I.E. SMT. SUDARSHANA SOMANI PERTAIN S TO THE ASSESSMENT YEAR 2007-08 AND HER APPEALS FOR THE 2008-09 TO 201 1-12 HAVE ALREADY BEEN RESTORED TO THE FILE OF THE LD. CIT(A) FOR AFR ESH EXAMINATION OF THE ITA NO.474/JP/2016 THE ACIT, CENTRAL CIRCLE- AJMER VS. SMT. SUDARSHANA SOMANI, MADANGANJ -KISHANGARH 10 CASE BY THIS COORDINATE BENCH. HENCE, IN VIEW OF TH E FACTS AND CIRCUMSTANCES OF THE CASE AND RESPECTFULLY FOLLOWIN G THE DECISION OF ITAT, COORDINATE BENCH, JAIPUR (SUPRA), THIS APPEAL OF THE REVENUE IS ALSO SET ASIDE TO THE FILE OF THE LD. CIT(A) FOR FR ESH EXAMINATION OF THE CASE AND ADJUDICATION OF THE APPEAL AS DIRECTED IN ITS DECISION DATED 20- 10-2016 AS UNDER:- 2.12 IN OUR VIEW, THE MATTER REQUIRES A DEEPER AND A COORDINATED EXAMINATION BY THE AUTHORITIES AT THE HIGHER LEVEL TO BRING THE CORRECT FACTS ON RECORD WHICH SHOULD CONCLUSIVELY ESTABLISH THAT EI THER THE ASSESSEE IS THE OWNER OF THE MONEY FOUND DEPOSITED IN HER BANK ACCO UNTS AS CLAIMED BY THE AO OR THE ASSESSEE IS MERELY A FACILITATOR AND EARN S COMMISSION INCOME AS CLAIMED BY THE ASSESSEE. ACCORDINGLY, WE SET-ASIDE THE MATTER TO THE FILE OF THE LD CIT(A) TO EXAMINE THE MATTER AFRESH WITH THE FO LLOWING DIRECTIONS: (1) THE ASSESSEE SHALL PROVIDE ALL THE REQUISITE D ETAILS IN TERMS OF NAMES AND ADDRESS AND OTHER REQUISITE PARTICULARS O F THE DEPOSITORS AS WELL AS OF THE BENEFICIARIES; (2) THE ASSESSEE HAS TO EXPLAIN THE NATURE AND SOU RCE OF THE TRANSACTIONS IN TERMS OF DEPOSITS AND ESTABLISH THE NECESSARY LINKAGE BETWEEN THE DEPOSITS AND THE SUBSEQUENT WITHDRAWALS TO VARI OUS INDIVIDUAL BENEFICIARIES; (3) THE LD CIT(A) SHALL CALL FOR THE RECORDS MAIN TAINED BY THE INVESTIGATION WING IN RESPECT OF THE SURVEY PROCEE DINGS AND CONFRONT THE SAME TO THE ASSESSEE TO PROVIDE HER A SUITABLE OPP ORTUNITY; (4) THE BENEFICIARIES TO BE CONFRONTED WITH THE DET AILS SUBMITTED BY THE ASSSESSEE AND CALL FOR THEIR CONFIRMATION AND/OR PE RSONAL APPEARANCES AND/OR COORDINATE WITH THEIR RESPECTIVE CITS/ASSESSING OFF ICERS; AND (5) NEEDLES TO SAY, BOTH THE PARTIES SHALL BE PROVI DED SUITABLE OPPORTUNITY AND THEY SHALL EQUALLY COOPERATE AND SH ALL SUBMIT NECESSARY EXPLANATION/INFORMATION/DOCUMENTS AS AVAILABLE AND REQUIRED BY THE LD CIT(A). 2.13 WITH THE ABOVE DIRECTIONS, WE SET-ASIDE THE MA TTER TO THE FILE OF THE LD CIT(A) FOR A FRESH EXAMINATION AND THE APPEA L OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. ITA NO.474/JP/2016 THE ACIT, CENTRAL CIRCLE- AJMER VS. SMT. SUDARSHANA SOMANI, MADANGANJ -KISHANGARH 11 HENCE, THE APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. 3.0 IN THE RESULT, THE APPEAL OF THE REVENUE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 10 /01 /2017. SD/- HKKXPUN ( BHAGCHAND) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 10 /01/ 2017 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE ACIT, CENTRAL CIRCLE-, AJMER 2. IZR;FKHZ@ THE RESPONDENT- SMT. SUDARSHANA SOMANI, MADANGANJ- KISHANGARH 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. 474/JP/2016) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ @ ASSISTANT. REGISTRAR