Sandeep Gouru , Nalgonda V. Income Tax Officer, Ward-1, Nalgonda

ITA 597/Hyd/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6031 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 23-03-2021
• Assessment Year: 2017-2018
• Appeal Filed On: 03-11-2020
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: N ESTHER
• Assessee Lawyers: K V CHALAMAIAH
• Keywords: Onus to prove
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC BENCH : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S. GODA R A, JUDICIAL MEMBER ITA NO. 597 /HYD./20 20 ASSESSMENT YEAR: 201 7 - 18 SRI SANDEEP GOURU VS. ITO, WARD 1 NALGONDA NALGONDA [PAN: AIOPG2286N ] & ITA NO. 59 8 /HYD./2020 ASSESSMENT YEAR: 2017 - 18 SRI S HANKAR GOURU VS. ITO, WARD 1 NALGONDA N ALGONDA [PAN: AEFPG5989R ] (APPELLANT) (RESPONDENT) FOR ASSESSEE : SRI K.V. CHALAMAIAH, A.R. FOR REVENUE : S MT. N. ESTHER, D.R. DATE OF HEARING : 2 3 /0 3 /2021 DATE OF PRONOUNCEMENT : 20 /0 4 /2021 O R D E R TH ESE ASSESSEE S APPEAL S FOR A.Y. 201 7 - 18 ARISE AGAINST THE C OMMISSIONER OF INCOME TAX (APPEALS) CIT(A)] 3 HYDERABAD S ORDER DATED 28.08.2020 PASSED IN CASE NO. 10 253 /2019 - 20 AND NO. 10 244 /20 19 - 20 IN PROCEEDINGS U/S 143( 3 ) OF THE INCOME TAX ACT, 1961 [IN SHORT THE ACT]; RESPECTIVELY. HEARD BOTH THE PARTIES. CASE FILE PERUSED. ITA NO. 597 AND 598 /HYD/ 2020 AY 201 7 - 18 S/ SRI : SANDEEP GOURU, & SHANKAR GOURU , NALGONDA . 2 2. COMING TO FORMER ASSESSEES SOLE SUBSTANTIVE GRIEVANCE OF CORRECTNESS OF BOTH LOWER AUTHORITIES ACTION ADDING UNE XPLAINED INVESTMENTS OF RS. 2,50,000/ - FOR ASSESSMENT YEAR 2017 - 18 DEPOSITED DURING DE - MONITIZATION PERIOD IN NOVEMBER, 2016, LEARNED COUNSELS ONLY CASE AS PER PAPER BOOK AND RECORDS IS THAT THIS TAXPAYER HAD BEEN HAVING CASH BALANCE OF MORE THAN RS . 40,000/ - FOLLOWED BY INCOME DECLARATION OF RS.8,14,180/ - AS IT IS EVIDENT FROM A PERUSAL OF THE ASSESSME NT ORDER. ALL THESE CLINCHING EVIDENCES HAVE GONE UNREBUTTED FROM THE DEPARTMENT SIDE. THE FACT ALSO REMAINS THAT ASSESSEE HAS NOT PLACED ON RECORD HIS C ASH F LOW S TATEMENT OF THE RELEVANT PREVIOUS YEAR SO AS TO FULLY DISCHARGE THE ONUS OF EXPLAINING SOU RCE OF THE IMPUGNED DEPOSITS IN THE CORRESPONDING TIME SPAN. FACED WITH THIS SITUATION, I DEEM IT APPROPRIATE TO RESTRICT THE IMPUGNED ADDITION TO RS.50,000 / - ONLY WITH A RIDER THAT THE SAME SHALL NOT BE TAKEN AS PRECEDENT IN ANY OTHER CASE. ITA 597 /H/2020 IS PARTLY ACCEPTED. 3. NEXT COMES ITA 598 /H/2020 IN VOLVING SIMILAR ADDITION OF CASH DEPOSITS OF RS.11 , 25 ,000/ - MADE IN BOTH LOWER APPELLATE PROCEEDINGS. THE A SSESSEES CASE IS THAT THE SAME REPRESENTS NOT ONLY CASH IN HAND AS WELL AS DAY - TO - DAY RECEIPTS BUT ALSO THE CORRESPONDING AMOUNT COMING FROM HIS FAMILY MEMBERS I.E. WIFE AND DAUGHTER. LEARNED COUNSEL NEXT REFERRED TO SAID FAMILY MEMBERS INCOME TAX RETURN PAR TICULARS THAT THEY ARE ALSO REGULARLY ASSESSED ASSESSEES AND THEREFORE, THIS TAXPAYER HAS DISCHARGED HIS ONUS TO PROVE SOURCE ALONG WITH IDENTITY AND GENUINENESS . THE F ACT HOWEVER REMAINS THAT THE ASSESSEE HAS NOT BEEN ABLE TO PLACE ON RECORD EVEN CONFIR MATION OF THE SAID FAMILY MEMBERS. FACED WITH THIS SITUATION AND MORE SO IN VIEW OF ITA NO. 597 AND 598 /HYD/ 2020 AY 201 7 - 18 S/ SRI : SANDEEP GOURU, & SHANKAR GOURU , NALGONDA . 3 THE FACT THAT SUCH RECEIPTS OF CASH WITHIN THE FAMILY CANNOT BE ALTOGETHER RULED OUT, I DEEM IT FIT AND PROPER TO REST RICT IMPUGNED ADDITION TO LUMPSUM OF RS.3.5 LAKHS WI TH A RIDER THAT THE SAME SHALL NOT BE TAKEN AS PRECEDENT. THIS LATTER APPEAL IS ALSO ALLOWED IN PART . NECESSARY COMPUTATION SHALL FOLLOW IN BOTH CASES. BOTH THESE ASSESSEES APPEALS ARE PARTLY ALLOWED IN ABOVE TERMS. A COPY OF THIS COMMON ORDER BE PLA CED IN THE RESPECTIVE CASE FILES. ORDER PRONOUNCED IN OPEN COURT ON 20 /0 4 /2021. SD / - (S.S. GODARA) JUDICIAL MEMBER DATED: 20 TH APRIL, 2021 GMV COPY OF ORDER FORWARDED TO: 1. (I) SRI SANDEEP GOURU, 18 - 1373, NEAR NALANDA PUBLIC SCHOOL, ASHOK NAGAR, MIRYALAGUDA, NALGONDA 508 207, TELANGANA. (II) SRI SHANKAR GOURU, 6 - 287, SHABHU NAGAR, MIRYALAGUDA, NALGONDA - 508 207, TELANGANA 2. ITO, WARD 1, NALGONDA 3. J CIT, RANGE 7 , HYDERABAD 4. CIT(A) - 3 , HYDERABAD. 5. PR.CIT - 3 , HYDERABAD 6 . D.R. ITAT HYDERABAD 7 . GUARD FILE