Shri Ashokbhai Ishwarlal Patel, Ahmedabad V. The Income Tax Officer, Ward-7(3), Ahmedabad

ITA 530/AHD/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 6128 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 20-04-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 19-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A TIRKE
• Assessee Lawyers: ADITI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER, AND SHRI S. S. GODARA, JUDICIAL MEMBER. ITA NO.530/AHD/2014 (ASSESSMENT YEAR: 2009-10) SHRI ASHOKBHAI ISHWARLAL PATEL 8, LAVKUSH SOCIETY, NEAR VYAS WADI, NAVA WADAJ, AHMEDABAD APPELLANT VS. ITO, WARD-3(3), AHMEDABAD RESPONDENT PAN: AAMPP0903D /BY ASSESSEE : MS. ADITI, A.R. /BY REVENUE : MR. A. TIRKE, SR. D.R. /DATE OF HEARING : 20.04.2017 /DATE OF PRONOUNCEMENT : 26.04.2017 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2009-10 ARISES AGAINST THE CIT(A)-XXI, AHMEDABADS ORDER DATED 06.12.2013, PAS SED IN APPEAL NO. ITA NO. 530/AHD/2014 (SHRI ASHOKBHAI ISHWARLAL PATE L VS. ITO) A.Y. 2009-10 - 2 - CIT(A)-XXI/214/11-12, UPHOLDING ASSESSING OFFICERS ACTION ADDING UNEXPLAINED CASH DEPOSITS IN BANK OF RS.14,15,500/- , IN PROCEEDINGS U/S.143(3) OF THE INCOME TAX ACT, 1961; IN SHORT T HE ACT. 2. RELEVANT FACTS ARE IN A VERY NARROW COMPASS. TH IS ASSESSEE DERIVES INCOME FROM PARTNERSHIP FIRM AS PARTNER AS WELL AS FROM CONDUCTING SUPERVISION OF CONSTRUCTION CONTRACT. THE ASSESSIN G OFFICER RECEIVED AN AIR INFORMATION INDICATING THE ASSESSEE TO HAVE MADE CA SH DEPOSITS OF RS.17,17,500/- IN HIS BANK ACCOUNT MAINTAINED WITH KOTAK MAHINDRA BANK. THE ASSESSEE ATTRIBUTED SOURCE THEREOF TO CASH WITH DRAWN FROM BANKS AS WELL AS RECEIPT OF AN AMOUNT OF RS.6LACS AS ADVANCE AGAI NST AGRICULTURAL LAND. THE ASSESSING OFFICER AGREED TO ONLY AN AMOUNT OF RS.6L ACS OUT OF WHICH A SUM OF RS.3.02LACS WAS FOUND TO BE DEPOSITED IN THE BAN K ACCOUNT. HE THEREFORE ADDED THE BALANCE AMOUNT OF RS.14,15,500/- AS UNEXP LAINED CASH DEPOSITS IN ASSESSMENT ORDER DATED 23.12.2011 AS CONFIRMED IN C OURSE OF LOWER APPELLATE PROCEEDINGS. 3. WE HAVE HEARD RIVAL SUBMISSIONS. CASE FILE PER USED. LEARNED COUNSEL REPRESENTING ASSESSEE DOES NOT DISPUTE THE ABOVE IM PUGNED ADDITION IN PRINCIPLE. SHE HOWEVER TAKES US TO PAGE 11 OF THE PAPER BOOK INDICATING THE ASSESSEE TO HAVE WITHDRAWN AN AMOUNT OF RS.12.24LAC S FROM 01.04.2008 TO 31.03.2009 AND DEPOSITS OF RS.17,17,500/-. HER ONLY CASE IS THAT THE LOWER AUTHORITIES HAVE NOT EXAMINED ASSESSEES PLEA OF SE EKING TO ADD ONLY THE PEAK AMOUNT INSTEAD OF THE ENTIRE DEPOSITS. LEARNED DEP ARTMENTAL REPRESENTATIVE FAILS TO DISPUTE THAT THIS PEAK AMOUNT ISSUE WAS NO T EXAMINED SINCE THE ABOVE BANK STATEMENT WAS NOT AVAILABLE. WE THEREFORE DEE M IT APPROPRIATE IN LARGER INTEREST OF JUSTICE THAT THE ASSESSING OFFICER NEED S TO RE-EXAMINE ASSESSEES ITA NO. 530/AHD/2014 (SHRI ASHOKBHAI ISHWARLAL PATE L VS. ITO) A.Y. 2009-10 - 3 - INSTANT ARGUMENT REGARDING PEAK ADDITION PLEA AFRES H AS PER LAW AFTER AFFORDING ADEQUATE OPPORTUNITY OF HEARING. 4. THIS ASSESSEES APPEAL IS ACCORDINGLY ACCEPTED F OR STATISTICAL PURPOSES. [PRONOUNCED IN THE OPEN COURT ON THIS THE 26 TH DAY OF APRIL, 2017.] SD/- SD/- ( PRAMOD KUMAR ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 26/04/2017 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 / GUARD FILE. BY ORDER / . // . /0