SMT. BHUPENDRA KAUR BAGGA, Indore V. THE ITO WARD 3(1), Indore

ITA 569/IND/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 5774 (ITAT-INDORE)
• Duration Of Justice: 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 26-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MOHD JAVED
• Assessee Lawyers: S S SHEETAL
• Keywords: Opportunity of being heard

Judgement Text

SMT. BHUPENDRA KOUR BAGGA ITA NO. 569/IND/2016 1 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI D.T. GARASIA, JM & SHRI O.P. MEENA, AM ITA NO. 569/IND/2016 A.Y.2009-10 SMT. BHUPENDRA KAUR BAGGA INDORE PAN AIZPB9284A ::: APPELLANT VS INCOME TAX OFFICER 3(1) INDORE ::: RESPONDENT APPELLANT BY SHRI S.S. SHEETAL RESPONDENT BY SHRI MOHD. JAVED DATE OF HEARING 18.8.2016 DATE OF PRONOUNCEMENT 8 . 9 .2016 O R D E R PER SHRI D.T.GARASIA, JM THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE LEARNED CIT(A)-I, INDORE, DATED 18.3.20 16. SMT. BHUPENDRA KOUR BAGGA ITA NO. 569/IND/2016 2 2. THE SHORT FACTS OF THE CASE ARE THAT THE ASSESSEE IS A PARTNER IN M/S SINGH GOLDEN TRANSPORT. DURING THE YEAR THE ASSESSEE HAS SHOWN RS.1,35435/- AS INCOME FROM PARTNERSHIP FIRM. THE ASSESSEE WAS ASKED TO EXPLAIN THE SOURCE OF PURCHASE OF IMMOVABLE PROPERTY WORTH RS. 44,85,000/- DURING THE FINANCIAL YEAR 2008-09. THE ASSESSEE HAS PURCHASED THE PROPERTY FROM HER OWN SOURCES. SHE STATED THAT THE SOUYRCES WERE FROM BANK L OAN, WITHDRAWAL FROM FIRM AND DEPOSIT FROM HER OWN PAST SAVINGS. THE ASSESSEE HAS ALSO SUBMITTED CASH FLOW CHART SHOWING OPENING BALANCE OFRS.10,66,180/- AT THE BEGINNING OF THE YEAR BUT THE ASSESSING OFFICER WAS O F THE VIEW THAT THIS CASH FLOW SUBMITTED BY THE ASSESSEE IS AN AFTERTHOUGHT AND, THEREFORE, THE ASSESSING OFFICER M ADE THE ADDITION. BEFORE THE LEARNED CIT(A) NO DETAILS WERE FURNISHED AS TO WHY THE CASH WAS KEPT AT HOME WHEN SHE SMT. BHUPENDRA KOUR BAGGA ITA NO. 569/IND/2016 3 HAD BANK ACCOUNTS. THE LEARNED CIT(A) THEREFORE CONFI RMED THE ADDITION. 3. DURING THE COURSE OF HEARING BEFORE US, THE ASS ESSEE SUBMITTED A COPY OF IOTR AND COMPUTATION OF INCOME AND CAPITAL ACCOUNT AND CASH FLOW. IN OUR OPINION, THIS CAS H FLOW STATEMENT REQUIRES VERIFICATION. WE, THEREFORE, IN THE INTEREST OF JUSTICE AND FAIR PLAY, RESTORE THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER FOR VERIFICATION OF THE CASH FLOW STATEMENT AND THEN TO MAKE THE ASSESSMENT ACCORDINGLY AFTER PROVIDING AN OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 4. IN THE RESULT, THE APPELLANT IS ALLOWED FOR STATISTI CAL PURPOSES ONLY. PRONOUNCED IN OPEN COURT ON 8 TH SEPTEMBER, 2016 SD SD (O.P. MEENA) (D.T. G ARASIA) ACCOUNTANTMEMBER JUDICIAL MEMB ER SMT. BHUPENDRA KOUR BAGGA ITA NO. 569/IND/2016 4 8 SEPTEMBER, 2016 DN/- SMT. BHUPENDRA KOUR BAGGA ITA NO. 569/IND/2016 5