Shri Trilochan Singh, Bhopal V. The ITO 3(2), Bhopal

ITA 509/IND/2012

• Counselvise Citation: 50922714 RSA 2012
• Duration Of Justice: 1 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 13-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: H P VERMA; SAKSHI VERMA

Judgement Text

1 INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI R.C. SHARMA, ACCOUNTANT MEMBER ITA NO. 509/IND/2012 A.Y. 2007-08 TRILOCHAN SINGH, BHOPAL PAN ACPPS 7793 F :: APPELLANT VS ITO-3(2), BHOPAL :: RESPONDENT APPELLANT BY SHRI H.P. VERMA & MISS SAKSHI VERMA RESPONDENT BY SHRI R.A. VERMA DATE OF HEARING 19 . 12 .2013 DATE OF PRONOUNCEMENT 1 9 . 12 .2013 O R D E R PER JOGINDER SINGH, JUDICIAL MEMBER THE ASSESSEE IS AGGRIEVED WITH THE ORDER DATED 1. 8.2012 PASSED BY THE LEARNED FIRST APPELLATE AUTHORITY, BH OPAL ON THE FOLLOWING GROUNDS: 2 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE, LD. FIRST APPELLATE AUTHORITY HAS ERRED IN CONFIRMING THE ADD ITION OF RS.11,35,900/- BY HOLDING THAT THE ABOVE SAID CASH DEPOSITED IN THE BANK ACCOUNT WITH INDUSIND BANK LTD. BY THE APPELLANT AS HELD BY THE ASSESSING OFFICER WAS UNEXPLAINED PARTICULARLY, AFTER ACCEPTING ALL THE DEPOSITS IN A LL BANKS AT RS.2,30,34,975/- AS EXPLAINED. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, LD. FIRST APPELLATE AUTHORITY HAS ERRED IN CONFIRMING THE PAR T OF DISALLOWANCE AT RS.46,239/- OUT OF RS.1,84,956/- DI SALLOWED BY ASSESSING OFFICER AND CLAIMED BY THE APPELLANT. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, LD. FIRST APPELLATE AUTHORITY HAS ERRED IN CONFIRMING THE FIN DINGS OF THE ASSESSING OFFICER THAT THE AGRICULTURAL INCOME SHOW N BY THE APPELLANT WAS NOT THE AGRICULTURAL INCOME BUT THE I NCOME FROM OTHER SOURCES AND IN CONFIRMING THE ADDITION OF RS. 64,880/- TOWARDS THE SAME. 2. DURING HEARING, WE HAVE HEARD SHRI H.P. VERMA AL ONG WITH MISS SAKSHI VERMA, LEARNED COUNSEL FOR THE ASSESSEE AND SHRI R.A. VERMA, LD. SR. DR. THE FACTS, IN BRIEF, ARE THAT TH E ASSESSEE DEPOSITED RS.11,35,900/- IN CASH IN SAVING BANK ACC OUNT, MAINTAINED WITH INDUSIND BANK LTD. AS PER THE ASSES SING OFFICER, THE ASSESSEE DID NOT INCLUDE THE CASH, SO DEPOSITED , IN HIS ACCOUNT. HE HOLD THAT THE ASSESSEE FURNISHED INCOMPLETE CASH -FLOW STATEMENT WHICH IS NOT RELIABLE, THUS, THE ADDITION WAS MADE. THE ASSESSEE DURING FIRST APPELLATE STAGE SUBMITTED A NEW CASH-F LOW STATEMENT WHICH WAS PREPARED AFTER PASSING THE ASSESSMENT ORD ER. THIS NEW CASH-FLOW STATEMENT WAS ALSO NOT FOUND TO BE RELIAB LE BY THE LD. CIT(A) AND THUS, HE MAINTAINED THE ADDITION MADE BY THE ASSESSING 3 OFFICER. BEFORE US, THE ASSESSEE HAS FILED THE DETA ILS OF TRANSACTIONS FROM HDFC BANK (PAPER BOOK RUNNING INTO 85 PAGES) B Y CLAIMING THAT THESE STATEMENTS HAVE BEEN ISSUED BY RESPECTIV E BANKS SHOWING DEPOSITS AND WITHDRAWALS AS APPEARING IN TH E BOOKS OF ACCOUNTS. THESE DOCUMENTS HAVE BEEN FILED BEFORE TH E TRIBUNAL AND WERE NOT FILED BEFORE THE ASSESSING OFFICER, THEREF ORE, THE DEPARTMENT COULD NOT EXAMINE THE GENUINENESS OF THE ENTRIES CONTAINED IN THE DOCUMENTS. THEREFORE, GROUND NO.1 NEEDS VERIFICATION/EXAMINATION AT THE LEVEL OF THE ASSESS ING OFFICER. SO FAR AS THE GROUND NOS.2 & 3 WITH RESPECT TO DISALLOWANC E OF RS.46,239/- AND AGRICULTURAL INCOME WHICH WAS ADDED FROM OTHER SOURCES ARE CONCERNED, THE ASSESSEE HAS ALSO FILED ANOTHER PAPER BOOK RUNNING INTO 34 PAGES IN WHICH DAY BOOK, CASH BOOK AND KHASRA HAVE BEEN ANNEXED, THEREFORE, BOTH THESE GRO UNDS ALSO NEED VERIFICATION/EXAMINATION AT THE LEVEL OF THE ASSESS ING OFFICER. IN VIEW OF THE ABOVE AND TO SAFEGUARD THE INTEREST OF BOTH SIDES, WE REMAND THIS FILE TO THE ASSESSING OFFICER WITH A DI RECTION TO EXAMINE THE CLAIM OF THE ASSESSEE AND DECIDE IN ACCORDANCE WITH LAW. THE ASSESSEE IS AT LIBERTY TO FURNISH THE NECESSARY EVI DENCE BEFORE THE 4 ASSESSING OFFICER TO FORTIFY HIS CLAIM FOR WHICH DU E OPPORTUNITY BE GIVEN. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCL USION OF THE HEARING ON 19.12.2013. SD/- SD/- (R.C.SHARMA) (JOGINDER SINGH ) ACCOUNTANT MEMBER JUDICIAL ME MBER DATED: 19.12.2013 COPY TO: APPELLANT, RESPONDENT, CIT, CIT(A), DR, GU ARD FILE !VYS!