Manisha Devi Jain, Kolkata V. ITO Jangipur, Murshidabad, Murshidabad

ITA 59/KOL/2014

• Counselvise Citation: 5923514 RSA 2014
• Duration Of Justice: 1 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2015
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 13-01-2014
• Court: TRIBUNAL
• Department Lawyers: MD GHAYASUDDIN JCIT LD
• Assessee Lawyers: J M THARD LD
• Keywords: Peak credit; Additional evidence
• Section: 69C; 143(3)

Judgement Text

ITA NO . 59/KOL/2014 SMC - MVS MANISHA DEVI JAIN 1 IN THE INCOME TAX APPELLATE TRIBUNAL, SMC BENCH: KOLKATA BEFORE HON BLE SRI MAHAVIR SINGH, JM I.T.A NO . 59 /KOL/201 4 A.Y 200 8 - 09 MANISHA DEVI JAIN V S. I.T.O MURSHIDABAD PAN: A FMPJ 0238E ( APPELLANT ) ( RESPONDENT ) FOR THE APPELLANT/ASSESSEE: SHRI J.M THARD, ADVOCATE, ADVOCATE, LD.AR FOR THE RESPONDENT/DEPARTMENT : MD. GHAYASUDDIN, JCIT / LD. SR. DR DATE OF HEARING: 31 - 07 - 2015 DATE OF PRONOUNCEMENT : 31 - 07 - 201 5 ORDER TH IS APPEAL BY THE ASSESSEE IS ARISING OUT OF THE ORDER OF LD. C IT(A) , KOLKATA IN APPEAL NO. 1 80/ CIT(A) - XXXVI/KOL/ITO, JANGIPUR, MSD/12 - 13 DATED 28/11/2013. ASSESSMENT WAS FRAMED BY ITO, JANGIPU R, MURSHIDABAD (HEREINAFTER REFERRED AS AO) FOR THE ASSESSMENT YEAR 200 8 - 09 U/S 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT ) VIDE HIS ORDER DATED 11 - 12 - 2012 . 2. T HE ONLY ISSUE RAISED BY THE ASSESSEE IN THIS APPEAL IS AGA INST THE ORDER OF CIT(A) CONFIRMING THE ADDITION OF RS. 10 LACS MADE BY THE AO U/S. 69C OF THE ACT BEING CASH DEPOSIT IN BANK ACCOUNT . FOR THIS, THIS THE ASSESSEE HAS RAISED THE FOLLOWING GROUND: - THAT ON THE FACTS & IN THE CIRCUMSTANCES OF THE CASE TH E LD. CIT(A) ERRED IN LAW AS WELL AS ON FACTS IN CONFIRMING ADDITION OF RS.10,00,000/ - U/S. 69C OF THE INCOME TAX ACT, 1961. 3 . BRIEFLY STATED THE FACTS ARE THAT DURING THE COURSE OF ASSESSMENT PROCEEDINGS THE AO NOTICED THAT THE ASSESSEE WAS MAINTAININ G BANK ACCOUNT WITH AXIS BANK, BERHAMPORE, MURSHIDABAD BRANCH WITH NO. 163010100 0 96575 FROM WHERE IT WAS NOTED THAT ON 0 5 - 0 4 - 2007 A CASH OF RS. 10 LACS WAS DEPOSITED. THE AO NOTICED THAT THERE ARE SEVERAL CASH DEPOSITS AND WITHDRAWALS, BUT THESE ARE MUCH SMALLER IN QUANTITY. AS THE ASSESSEE HAS FAILED TO EXPLAIN THE SOURCE OF THIS DEPOSIT, T HE AO TREATED THE SAME AS PEAK CREDIT OF FIRST ENTRY AND MADE ADDITION. AGGRIEVED , ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT(A) , WHO ALSO CONFIRMED THE ACTION OF THE AO. ITA NO . 59/KOL/2014 SMC - MVS MANISHA DEVI JAIN 2 AGGRIEVED, NOW THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 4 . I HAVE HEARD THE RIVAL CONTENTIONS AND GONE THROUGH THE FACTS AND CIRCUMSTANCES OF THE CASE. AT THE OUTSET , IT IS NOTICED THAT THE ASSESSEE FILED ADDITIONAL EVIDENCES IN THE SHA PE OF BALANCE SHEET FOR THE YEARS ENDING ON 31 - 03 - 2005 AND 31 - 03 - 2006, WHEREIN CASH IN HAND AMOUNTING TO R S.26,06,134/ - AND RS.25,06,134/ - IS DISCLOSED. ACCORDING TO THE LD. COUNSEL , OUT OF THIS CASH IN HAND AS ON 15 - 04 - 2007 A SUM OF RS. 10 LACS WAS DEPOS ITED. BUT HE STATED THAT THIS EVIDENCE WAS NEVER FILED BEFORE THE LOWER AUTHORITIES. HENCE, THIS MATTER BE REMITTED TO THE FILE OF THE AO FOR FRESH ADJUDICATION. ON QUERY OF THE BENCH, LD. SR.DR OPPOSED THE ADMISSION OF ADDITIONAL EVIDENCE AND STATED THA T THAT THE ADDITION BE CONFIRMED. I FIND THAT THESE DOCUMENTS ARE VERY MUCH AVAILABLE TO THE DEPARTMENT AS THE ASSESSEE HAS ALREADY FILED THE RETURN S OF INCOME FOR THE AY 2005 - 06 ON 28 - 03 - 2006 AND FOR THE AY 2006 - 07 ON 29 - 03 - 2007 I.E. MUCH BEFORE THE C OMPLETION OF ASSESSMENTS. HOWEVER, IT IS NOTICED THAT THE ASSESSEE HAS NOT FILED THE COPY OF RETURN OF INCOME FOR THE AY 2007 - 08 BEFORE ME . CONSIDERING THIS I FEEL THAT THIS ISSUE IS ADMITTED TO DO SUBSTANTIAL JUSTICE. AFTER ADMITTING THIS EVIDENCE , I R ESTORE THIS ISSUE TO THE FILE OF THE AO FOR FRESH ADJUDICATION. ACCORDINGLY, THIS APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE . ORDER PRONOUNCED IN THE OPE N COURT ON 31 - - 07 - 2015 SD/ - DATED : 31/7/ 2015 [ MAHAVIR SINGH, JUDICIAL MEMBER ] *PP /SR.P.S. COPY OF THE ORDER FORWARDED TO: 1. APPELLANT - MANISHA DEVI JAIN, JAIN COLONY, DHULIYAN, MURSHIDABAD, PIN 742202(WB) 2 RESPONDENT : I T O, JANGIPUR, BHUSAN TOWER, P.O RAGHUNATH GANJ, MURSHIDABAD, PIN 742225. 3 . THE CIT, 4 . THE CIT(A), KOLKATA 5 . DR, KOLKATA BENCHE S, KOLKATA TRUE COPY, / BY ORDER A SSTT. REGISTRAR