Sh. Kishan Singh, New Delhi V. ITO, New Delhi

ITA 5403/DEL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7200 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 1
• Next Hearing Date: 20-06-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 07-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Additional evidence
• Section: 131

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC-I : NEW DELHI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER ITA NO.5403/DEL/2014 ASSESSMENT YEAR : 2010-11 KISHAN SINGH, 72, NEW ROSHANPURA, NAJAFGARH, NEW DELHI. PAN: ABMPS8840H VS. ITO, WARD-25(4), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SAMIR SHARMA, ADVOCATE DEPARTMENT BY : SHRI DEEPAK GARG, SR. DR DATE OF HEARING : 20.06.2016 DATE OF PRONOUNCEMENT : 21.06.2016 ORDER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE CIT(A) PASSED ON 15.7.2014 IN RELATION TO THE ASSES SMENT YEAR 2010-11. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST THE CONFIRMATION OF DISALLOWANCE OF RS.16,50,000/- TOWARDS THE AMOUNT D EPOSITED IN THE JOINT BANK ACCOUNT. ITA NO.5403/DEL/2014 2 3. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT T HE ASSESSEE WAS HOLDING A JOINT BANK ACCOUNT WITH SHRI PRAMOD KUMAR , ANOTHER PARTNER. A SUM OF RS.16,60,000/- WAS DEPOSITED IN THIS BANK ACCOUNT. THE AO ASKED THE ASSESSEE TO FURNISH THE SOURCE OF CASH DE POSITED IN THE BANK. THE ASSESSEE SUBMITTED THAT NO SUCH CASH WAS DEPOSI TED BY HIM IN THE BANK ACCOUNT AND THE CASH MIGHT HAVE BEEN DEPOSITED BY SHRI PRAMOD KUMAR, THE OTHER JOINT HOLDER. TO VERIFY THE GENUI NENESS OF THE ASSESSEES ASSERTION, THE AO ISSUED SUMMONS U/S 131 TO SHRI PRAMOD KUMAR FOR PERSONAL APPEARANCE. SINCE SHRI PRAMOD K UMAR DID NOT ATTEND THE PROCEEDINGS, THE AO MADE ADDITION OF RS. 16,60,000/- IN THE HANDS OF THE ASSESSEE, WHICH CAME TO BE CONFIRMED I N THE FIRST APPEAL. 4. I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE RELEVANT MATERIAL AVAILABLE ON RECORD. THERE IS NO DISPUTE ABOUT THE FACT THAT THE ASSESSEE WAS HOLDING A JOINT ACCOUNT WITH SHRI PRAM OD KUMAR AS IT IS MANIFEST FROM PAGE 1 OF THE PAPER BOOK WHICH IS COP Y OF BANK STATEMENT. A SUM OF RS.16.60 LAC WAS DEPOSITED ON DIFFERENT DA TES BETWEEN 11.5.2009 AND 14.5.2009 IN THIS BANK ACCOUNT. ON 15 .5.2009, THERE IS A ITA NO.5403/DEL/2014 3 DEBIT ENTRY OF RS.16,50,000/- WITH THE NARRATION C LG. A COPY OF THE RELEVANT CHEQUE AMOUNTING TO RS.16.50 LAC HAS BEEN PLACED ON RECORD AS AN ADDITIONAL EVIDENCE, WHICH BEARS THE SIGNATURE OF SHRI PRAMOD KUMAR. PRIMA FACIE , IT APPEARS THAT SINCE THE WITHDRAWAL HAS BEEN MAD E BY SHRI PRAMOD KUMAR FROM A JOINT ACCOUNT, THE CORR ESPONDING AMOUNTS MIGHT ALSO HAVE BEEN DEPOSITED BY HIM ALONE. ON A QUERY, THE LD. AR SUBMITTED THAT THE PAY-IN-SLIPS FOR SUCH CASH DEPOS IT WERE NOT READILY AVAILABLE. IN THE LIGHT OF THE ADDITIONAL EVIDENCE FILED BEFORE ME, I AM OF THE CONSIDERED OPINION THAT THE IMPUGNED ORDER CANN OT BE SUSTAINED AND THE MATTER REQUIRES TO BE RESTORED TO THE FILE OF A O. I ORDER ACCORDINGLY AND DIRECT THE AO TO FIRST ASCERTAIN THE NAME OF TH E PERSON WHO DEPOSITED THE AMOUNT IN THE JOINT BANK ACCOUNT. IF THE PAY-IN -SLIPS OF THE CASH DEPOSIT IN THE BANK INDICATE THE NAME OF THE ASSESS EE AS A DEPOSITOR, THEN, THE LIABILITY WOULD BE FASTENED ON THE ASSESSEE TO EXPLAIN THE SOURCE OF SUCH DEPOSIT. IN THE CONVERSE SITUATION, THE OBLIG ATION SHOULD FALL ON SHRI PRAMOD KUMAR, WHO UTILIZED THE DEPOSIT BY ISSUING A CHEQUE OF RS.16,50,000/-. ITA NO.5403/DEL/2014 4 5. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. THE ORDER PRONOUNCED IN THE OPEN COURT ON 21.06.20 16. SD/- [R.S. SYAL] ACCOUNTANT MEMBER DATED, 21 ST JUNE, 2016. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.