Smt. Geeta Dangi, Sehore V. The ITO Ward 2(3), Bhopal

ITA 56/IND/2014

• Counselvise Citation: 5622714 RSA 2014
• Duration Of Justice: 1 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 17-01-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: N D PATWA S

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE (SINGLE MEMBER CASE ) BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER I.T.A.NO.56/IND/2014 ASSESSMENT YEAR : 2008-09 SMT. GEETA DANGI, ITO, SEHORE VS WARD 2(3), BHOPAL APPELLANT RESPONDENT PAN NO.ADTPD5426B APPELLANT BY : SHRI ASHISH GOYAL AND SHRI N. D. PATWA, ADVOCATES RESPONDENT BY : SHRI R. A. VERMA, DR DATE OF HEARING : 15 . 10 .2015 . DATE OF PRONOUNCEMENT : 02.11 .2015 SMT. GEETA DANGI, SEHORE VS. ITO, WD 2(3), BHOPAL, I.T.A.NO. 56/IND/2014 A.Y. 2007-08 2 2 O R D E R THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A)-I, BHOPAL, DATED 28.11.2013. 2. THE SHORT FACTS OF THE CASE ARE THAT THE ASSESSEE I S AN INDIVIDUAL AND DERIVES INCOME FROM INTEREST AND DAI RY WORK. THE AO NOTED THAT DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSEE HAD NOT MAINTAINED ANY BA NK ACCOUNT, BUT SHE HAS DEPOSITED MORE THAN RS. 10,00, 000/- IN HER SAVING BANK ACCOUNT WITH ORIENTAL BANK OF COMME RCE AND FOLLOWING DEPOSITS WERE FOUND :- DATE AMOUNT (RS.) 13.10.2007 31,000 21.11.2007 49,5000 11.01.2008 49,900 21.01.2008 47,000 24.01.2008 49,000 11.02.2008 25,000 15.02.2008 49,000 16.02.2008 41,000 21.02.2008 49,950 22.02.2008 49,900 23.02.2008 1,00,000 03.03.2008 5,00,000 TOTAL 10,42,150 3. THE AO REQUIRED THE ASSESSEE TO EXPLAIN THE SOURCE OF DEPOSIT IN THE BANK ACCOUNT. THE ASSESSEE CONTENDED BEFORE SMT. GEETA DANGI, SEHORE VS. ITO, WD 2(3), BHOPAL, I.T.A.NO. 56/IND/2014 A.Y. 2007-08 3 3 THE AO THAT THE ASSESSEE IS HAVING LAND-HOLDING AND SHE HAS AGRICULTURAL INCOME AND DAIRY MILK INCOME AND OUT O F THIS SHE HAS DEPOSITED AN AMOUNT OF RS. 10,42,150/-. 4. THE MATTER CARRIED TO THE LD. CIT(A) AND THE LD. C IT(A) HAS CONFIRMED THE ORDER OF THE AO. 5. I HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PART IES. LOOKING TO THE FACTS AND CIRCUMSTANCES OF THE CASE, I FIND THAT THE AO HAS MAINLY MADE THE ADDITION ON ACCOUNT OF D EPOSIT IN THE BANK AND DEPARTMENT IS ALSO NOT DISPUTING THE F ACT. I FIND THAT THE ASSESSEE WAS MAINTAINING THE PASS BOOK AND THAT WAS ONLY SOURCE OF CASH WITHDRAWAL AND DURING THE COURS E OF HEARING, THE LD. AUTHORIZED REPRESENTATIVE HAS SUBM ITTED THE CHART, WHICH READS AS UNDER :- PARTICULARS WITHDRAWAL DEPOSITS BALANCE REMARKS OPENING BALANCE AS ON 1.4.2007 5,20,499 THIS BALANCE WAS AVAILABLE IN THE BANK ACCOUNT CASH WITHDRAWAL ON 21.5.2007 3,00,000 2,20,499 THE AMOUNT WITHDRAWN IN CASH WAS AVAILABLE WITH ASSESSEE. THIS COULD HAVE BEEN DEPOSITED SUBSEQUENTLY. CASH DEPOSIT ON 13.10.2007 31,000 THIS CASH DEPOSIT WAS OUT OF RS. 3,00,000 WITHDRAWN EARLIER. THUS, THE ASSESSEE STILL SMT. GEETA DANGI, SEHORE VS. ITO, WD 2(3), BHOPAL, I.T.A.NO. 56/IND/2014 A.Y. 2007-08 4 4 HAD RS. 2,69,000/- CASH WITH HIM. CASH WITHDRAWAL ON 12.11.2007 2,50,000 THE AMOUNT WITHDRAWN IN CASH WAS AVAILABLE WITH ASSESSEE. THE TOTAL OF CASH AVAILABLE WITH ASSESSEE WAS RS. 5,10,000 CASH DEPOSIT ON 21.11.2007 49,500 THESE DEPOSITS TO THE TUNE OF RS. 5,19,000/- ARE OUT OF THE CASH WITHDRAWAL MADE EARLIER CASH DEPOSIT ON 11.01.2008 49,900 CASH DEPOSIT ON 22.1.2008 47,000 CASH DEPOSIT ON 24.1.2008 49,900 CASH DEPOSIT ON 11.02.2008 25,000 CASH DEPOSIT ON 15.02.2008 49,000 CASH DEPOSIT ON 16.02.2008 41,000 CASH DEPOSIT ON 21.02.2008 49,950 CASH DEPOSIT ON 22.02.2008 49,900 CASH DEPOSIT ON 23.02.2008 1,00,000 CASH DEPOSIT ON 03.03.2008 5,00,000 TOTAL 5,50,000 10,42,150 6. THE LD. DR SUBMITTED THAT IF YOU VERIFY FROM THE BA NK ACCOUNT OF THE ASSESSEE, THE ASSESSEE HAD OPENING B ALANCE OF RS. 5,20,499/-, WHICH WAS AVAILABLE WITH THE ASSESS EE AND IF YOU VERIFY THE INVESTMENT, THEN OUT OF THIS RS. 5 L ACS, THE ASSESSEE HAS INVESTED THE MONEY IN SHARES AND THE C ASH SMT. GEETA DANGI, SEHORE VS. ITO, WD 2(3), BHOPAL, I.T.A.NO. 56/IND/2014 A.Y. 2007-08 5 5 DEPOSIT WAS ALSO INVESTED IN SHARES. THEREFORE, THE WHOLE ADDITION MAY BE CONFIRMED. 7. THE ASSESSEE HAS SUBMITTED THAT IN THE BEGINNING, S HE HAD NO BANK ACCOUNT, BUT WHEN SHE CONFRONTED WITH T HE CASH DEPOSIT IN HER SAVING BANK ACCOUNT WITH ORIENTAL BA NK OF COMMERCE, SHE TRIED TO EXPLAIN HER PAST SAVING AND AGRICULTURAL INCOME. THE ASSESSEE HAD TOTAL DEPOSIT S IN CASH AND THE PEAK OF CASH WITHDRAWAL COMES TO RS. 5,19,0 00/- AND THE ASSESSEE IS REQUIRED TO EXPLAIN THE CREDIT OF R S. 5,19,000/-. THE ASSESSEE HAS SHOWN THAT THE ASSESSEE WAS HAVING 14.45 ACRES OF LAND, WHICH SHE PURCHASED IN THE YEAR 1999 AND THE TOTAL INCOME COMES TO RS. 2,10,000/- AND RS. 1 LAC FROM DAIRY INCOME AND RS. 2 LACS FROM PAST SAVINGS. THEREFORE, NO ADDITION SHOULD BE MADE, BUT I AM OF THE OPINION TH AT WHEN THE ASSESSEE HAS FILED THE RETURN OF INCOME AND WHE N SHE HAS NOT SHOWN ANY AGRICULTURAL INCOME, NO BENEFIT CAN B E GIVEN FOR AGRICULTURAL INCOME. THEREFORE, LANDHOLDING HAS TO BE CONSIDERED. MOREOVER, SHE WAS ALSO HAVING DAIRY INC OME. THEREFORE, IF ONE HAS TO GUESS THE INCOME OF THE A SSESSEE, ONE SMT. GEETA DANGI, SEHORE VS. ITO, WD 2(3), BHOPAL, I.T.A.NO. 56/IND/2014 A.Y. 2007-08 6 6 HAS TO RELY UPON THE PAST HISTORY OF THE ASSESSEE. THE ASSESSEE IS NOT HAVING ANY PAST HISTORY ON THE INCOME TAX RE CORD. THEREFORE, IN THE INTEREST OF JUSTICE AND FAIR PLAY , I AM OF THE OPINION THAT OUT OF RS. 5,19,000/-, RS. 2 LACS AGRI CULTURAL INCOME INCLUDING DAIRY INCOME AND PAST SAVINGS IS C ONSIDERED AS EXPLAINED. THEREFORE, THE ASSESSEE IS DIRECTED T O PAY THE TAX ON REMAINING AMOUNT. 8. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 2 ND NOVEMBER, 2015. SD/- ( D.T.GARASIA) JUDICIAL MEMBER DATED : 2 ND NOVEMBER, 2015. CPU* SMT. GEETA DANGI, SEHORE VS. ITO, WD 2(3), BHOPAL, I.T.A.NO. 56/IND/2014 A.Y. 2007-08 7 7 1526