Smt Pushpalata Maruti Ghule, Pune V. Deputy Commissioner of Income-Tax, Circle -14, Pune

ITA 566/PUN/2021

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 1185 (ITAT-PUNE)
• Duration Of Justice: 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 26-10-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT आयकर अपील सं. / ITA No.566/PUN/2021 नधा रण वष / Assessment Year : 2014-15 Smt. Pushpalata Maruti Ghule, Flat No.101, Daffodis, S.No.140, Magarpatta City, Hadapsar, Pune 411 013 PAN : AEBPS5120C Vs. DCIT, Circle-14, Pune (Appellant) (Respondent) आदेश / ORDER PER R.S.SYAL, VP : This appeal by the assessee is directed against the order passed by the CIT(A) on 25-03-2019 in relation to the assessment year 2014-15. 2. The appeal is time barred by 866 days. The assessee has filed an affidavit stating the reasons for the delay, with which I am satisfied. The delay is, therefore, condoned and the appeal is admitted for disposal on merits. 3. The only issue raised in this appeal is the confirmation of addition of Rs.13,73,000/- on account of cash deposited in bank account. Appellant by Shri M.K. Kulkarni Respondent by Shri M.G. Jasnani Date of hearing 01-08-2022 Date of pronouncement 01-08-2022 ITA No. 566/PUN/2021 Pushpalata Maruti Ghule 2 4. Briefly stated, the facts of the case are that the assessee is an individual who filed return declaring total income of Rs.30,95,781/-. During the course of assessment proceedings, the Assessing Officer (AO) observed that a sum of Rs.13,73,000/- was deposited in cash in the bank account of the assessee maintained with Sadhna Sahakari Bank Ltd. Pune. On being called upon to explain the source of deposit in the bank account, the assessee submitted that she was a widow and staying with her only handicapped dependant son having some cultivable land. Considering the fact that the assessee’s land holding was less and income therefrom was insufficient to justify the availability of cash deposited in the bank, the AO treated sum of Rs.13.73 lakh as unexplained money u/s.69A of the Act. The ld. CIT(A) confirmed the addition by observing that the assessee sold some property during the year under consideration and this amount was nothing but on-money received by her which was deposited in the bank account. Aggrieved thereby, the assessee has come up in appeal before the Tribunal. 5. I have heard both the sides and gone through the relevant material on record. The assessee has tendered an explanation before the ld. CIT(A) which has been recorded by the CIT(A) in the order stating that her date-wise agricultural income was Rs.3,62,700/-. In ITA No. 566/PUN/2021 Pushpalata Maruti Ghule 3 addition, she made withdrawals date-wise totalling Rs.10,72,000/- from her bank account with total amount coming to Rs.14.34 lakh and it was out of this amount, that she deposited Rs.13.73 lakh in the bank account that has been added by the AO. The authorities below have simply brushed aside the explanation of the assessee without showing that such agricultural receipts/withdrawals from the bank were used elsewhere. Taking into consideration the entirety of facts and circumstances of the instant case, I am satisfied that the assessee has genuinely explained the source of deposits in the bank account amounting to Rs.13.73 lakh as emanating from the withdrawals made from the bank account during the same year as well as certain agricultural receipts. I, therefore, order to delete the addition. 6. In the result, the appeal is allowed. Order pronounced in the Open Court on 01 st August, 2022. Sd/- (R.S.SYAL) उपा य / VICE PRESIDENT प ु णे Pune; दनांक Dated : 01 st August, 2022 Satish ITA No. 566/PUN/2021 Pushpalata Maruti Ghule 4 आदेश क त ल प अ े षत / Copy of the Order is forwarded to : 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. The CIT(A)-7, Pune 4. 5. The Pr.CIT-6, Pune वभागीय त न ध, आयकर अपील!य अ धकरण, प ु णे “SMC” / DR ‘SMC’, ITAT, Pune; 6. गाड फाईल / Guard file. आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 01-08-2022 Sr.PS 2. Draft placed before author 01-08-2022 Sr.PS 3. Draft proposed & placed before the second member -- JM 4. Draft discussed/approved by Second Member. -- JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *