Ashok Kumar Kachrulal Luniya, Jalna V. Income-Tax Officer Ward -1, , Jalna

ITA 499/PUN/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0823 (ITAT-PUNE)
• Duration Of Justice: 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 13-10-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Document seized; Documents seized
• Section: 132; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.499/PUN/2021 नधा रण वष / Assessment Year : 2010-11 Ashokkumar Kachrulal Luniya, 3, Ganesh Papers, Soni Complex, Jalna Maharashtra-431 203 PAN : AAHPL2886L Vs. ITO, Ward-1, Jalna (Appellant) (Respondent) आदेश / ORDER PER S.S. GODARA, JM : This assessee’s appeal for AY 2010-11 arises against the National Faceless Appeal Centre, Delhi’s order dated 16-09-2021 passed in case No. CIT(A), Aurangabad- 1/10011/2015-16 involving proceedings under Section 143(3) r.w.s.147 of the Income Tax Act, 1961 in short the Act. Heard both the parties. Case file perused. 2. Coming to the assessee’s sole substantive grievance that both the lower authorities have erred in law and on facts in making on-money payment addition of Rs.2,70,000/- in issue, it transpires during the course of hearing and more particularly from a perusal of the assessment discussion dated 27-03-2015 that the impugned addition has arisen on the basis of the statement of vendor Rajesh Bhawandas Soni admitting the same to have been received from this taxpayer. Suffice to Appellant by Shri B.D. Bhide Respondent by Shri Arvind Desai Date of hearing 26-05-2022 Date of pronouncement 30-05-2022 ITA No. 499/PUN/2021 Ashokkumar Kachrulal Luniya 2 say, the lower appellate authority has confirmed the assessment findings. 3. I have given my thoughtful consideration to rival pleadings and find force in assessee’s grievance. This is for the reason that apart from placing reliance on the vendor’s self- styled admission made during assessment, learned departmental authorities have not found or seized any incriminating document or cogent supportive evidence regarding on money at all. The Revenue’s vehement reliance on the foregoing vendor’s statement alone hardly carries any weight therefore once such an admission or confession etc, as the case may be, does not hold good even in section 132 search as well as section 133 survey action in light of the CBDT’s twin circulars dated 10-03-2013 and 18-12-2014. I also deem it appropriate to quote Section 292C of the Act drawing presumption on correctness of the contents qua the seized documents only than an oral statement as is the case in the instant appeal. I accordingly hold that both the lower authorities have erred in law and on facts in making the impugned on-money addition of Rs.2,70,000/-. The same stands deleted. 4. This assessee’s appeal is allowed. 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 ITA No. 499/PUN/2021 Ashokkumar Kachrulal Luniya 3 आदेश क त ल प अ े षत / Copy of the Order is forwarded to : 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. 4. The NFAC, Delhi 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 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.