Vishwabala Gupta Anaj Mandi Roorkee, Roorkee V. ITO, Roorkee

ITA 5599/DEL/2011

• Counselvise Citation: 559920114 RSA 2011
• Duration Of Justice: 3 year(s) 8 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: H
• Next Hearing Date: 05-08-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 13-12-2011
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RITU SHARMA
• Assessee Lawyers: C S ANAND
• Keywords: Source of fund
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH H HH H : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA, VICE , VICE , VICE , VICE PRESIDENT AND PRESIDENT AND PRESIDENT AND PRESIDENT AND SHRI SHRI SHRI SHRI J. SUDHAKAR REDDY J. SUDHAKAR REDDY J. SUDHAKAR REDDY J. SUDHAKAR REDDY, , , , ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER ITA NO ITA NO ITA NO ITA NO . .. . 5599/DEL/2011 5599/DEL/2011 5599/DEL/2011 5599/DEL/2011 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2006 2006 2006 2006 - -- - 07 0707 07 SMT. VISHWABALA GUPTA, SMT. VISHWABALA GUPTA, SMT. VISHWABALA GUPTA, SMT. VISHWABALA GUPTA, 144, RAJPUTANA 144, RAJPUTANA 144, RAJPUTANA 144, RAJPUTANA, ,, , ANAJ MANDI, ANAJ MANDI, ANAJ MANDI, ANAJ MANDI, ROORKEE. ROORKEE. ROORKEE. ROORKEE. PAN : ASTPG4267C. PAN : ASTPG4267C. PAN : ASTPG4267C. PAN : ASTPG4267C. VS. VS. VS. VS. INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, WARD WARD WARD WARD- -- -2, 2,2, 2, ROORKEE. ROORKEE. ROORKEE. ROORKEE. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI C.S. ANAND, ADVOCATE. RESPONDENT BY : MS. RITU SHARMA, SR.DR. DATE OF HEARING : 05.08.2015 05.08.2015 05.08.2015 05.08.2015 DATE OF PRONOUNCEMENT : 08.09.2015 08.09.2015 08.09.2015 08.09.2015 ORDER ORDER ORDER ORDER PER G.C. GUPTA PER G.C. GUPTA PER G.C. GUPTA PER G.C. GUPTA, VP , VP , VP , VP : :: : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2006-0 7 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-II, DEH RADUN DATED 20 TH SEPTEMBER, 2011. 2. GROUND NO.1 OF THE ASSESSEES APPEAL IS GENERAL IN NAT URE. GROUND NOS.2, 3 & 4 ARE REGARDING VALIDITY OF NOTICE ISSUED U/S 148 OF THE INCOME-TAX ACT, 1961, WHICH ARE NOT PRESSED BY TH E LEARNED COUNSEL FOR THE ASSESSEE AND ARE, ACCORDINGLY, DISMISSED. 3. GROUND NO.5 OF THE ASSESSEES APPEAL IS AS UNDER:- 5. THAT THE APPELLANT AN OLD LADY OF MORE THAN 70 YEARS, HER ONLY SOURCE OF INCOME FROM AGRICULTURE WHICH WAS DISPOSED OF IN A.Y. 2005/06 AND THE APPELLANT WAS IN H ABIT OF ACCUMULATIONS BEING KEPT IN HOME CHEST. AN AFFIDA VIT ITA-5599/DEL/2011 2 ABOUT THE SOURCES OF INCOME WAS FILED AND EXPLANATION GIVEN WHICH WAS NOT CONSIDERED WHILE MAKING ADDITION OF RS.742000/- WHICH HAS BEEN CONFIRMED WITHOUT APPRECIATING THE EXPLANATION AND AFFIDAVIT FILED. 4. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE A SSESSEE IS A SENIOR CITIZEN OF ABOUT 75 YEARS OF AGE AND HER ONL Y SOURCE OF INCOME WAS AGRICULTURE AND FAMILY PENSION RECEIVED FOR THE SE RVICES OF HER HUSBAND. HE SUBMITTED THAT THE AFFIDAVIT OF THE SOURC E OF INCOME AND EXPLANATION GIVEN WERE NOT CONSIDERED AND THE ADDITI ON OF `7,42,000/- WAS MADE IN THE HANDS OF THE ASSESSEE. HE SUBMITTED THAT THE ASSESSEE WAS IN THE HABIT OF KEEPING THE ACCUMULATION OF SAVINGS AT HER HOME CHEST ONLY. 5. LEARNED DR HAS OPPOSED THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE. HE RELIED ON THE ORDER OF THE ASSESSING OFFICER AND THE LEARNED CIT(A). 6. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND HAVE PER USED THE ORDER OF THE ASSESSING OFFICER AND THE LEARNED CIT(A). WE FIND THAT THE ASSESSEE IS A SENIOR CITIZEN OF ABOUT 75 YEARS OF AGE. S HE IS HAVING ONLY PENSION INCOME ON ACCOUNT OF SERVICE OF HER HUSBA ND AND AGRICULTURE INCOME FROM THE AGRICULTURAL LAND. NO OTHER SOURCE OF INCOME WAS ADMITTED BY THE ASSESSEE. THE DEPOSIT IN THE BANK ACCOUNT ON VARIOUS DATES HAS BEEN CLAIMED BY THE ASSESSEE AS HER ACCUMULATION OF LIFETIME SAVINGS ACCUMULATED AND KEPT AT HOME CHEST. WE FIND THAT THE ASSESSEE HAS FILED AN AFFIDAVIT AND A D ETAILED EXPLANATION IN THIS REGARD. THERE IS NO MATERIAL BR OUGHT ON RECORD ON BEHALF OF THE REVENUE TO DISCREDIT THE SAME. NO OTHE R INVESTMENT OR UTILIZATION OF THE PAST SAVINGS COULD BE SHOWN BY THE R EVENUE. IN THESE FACTS OF THE CASE, CONSIDERING THE OLD AGE OF THE ASSESSEE AND THAT THE ONLY APPARENT SOURCE OF INCOME WAS PENSION AN D AGRICULTURAL ITA-5599/DEL/2011 3 INCOME AND NO OTHER INVESTMENT OR EXPENDITURE COULD BE SHOWN BY THE REVENUE, WE HOLD THAT THE ENTIRE AMOUNT OF DEPOSIT I N THE BANK ACCOUNT OF THE ASSESSEE COULD NOT BE TREATED AS UNEXPLAI NED INVESTMENT OF THE ASSESSEE AND, ACCORDINGLY, WE HOLD THA T THE ENDS OF JUSTICE SHALL BE MET IF THE ADDITION OF `1,00,000/- I S SUSTAINED BY WAY OF ESTIMATE AS AGAINST THE ADDITION OF `7,42,000/- SUSTAINE D BY THE LEARNED CIT(A) AND THE BALANCE ADDITION IS DELETED. GROUND NO.5 OF THE ASSESSEES APPEAL IS ACCORDINGLY PARTLY ALLOWED. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY AL LOWED. DECISION PRONOUNCED IN THE OPEN COURT ON 8 TH SEPTEMBER, 2015. SD/- SD/- ( (( ( J. SUDHAKAR REDDY J. SUDHAKAR REDDY J. SUDHAKAR REDDY J. SUDHAKAR REDDY ) )) ) (G. (G. (G. (G. C. GUPTA C. GUPTA C. GUPTA C. GUPTA ) )) ) ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : SMT. VISHWABALA GUPTA, SMT. VISHWABALA GUPTA, SMT. VISHWABALA GUPTA, SMT. VISHWABALA GUPTA, 144, RAJPUTANA, 144, RAJPUTANA, 144, RAJPUTANA, 144, RAJPUTANA, ANAJ MANDI, ROORKEE. ANAJ MANDI, ROORKEE. ANAJ MANDI, ROORKEE. ANAJ MANDI, ROORKEE. 2. RESPONDENT : INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD- -- -2, ROORKEE. 2, ROORKEE. 2, ROORKEE. 2, ROORKEE. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR