Smt. Madhu Awasthi, Kanpur V. Income Tax Officer -2(2), Kanpur

ITA 599/LKW/2013

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 5778 (ITAT-LUCKNOW)
• Duration Of Justice: 7 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 24-03-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 29-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained investment

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH SMC : LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER I.T.A. NO. 599 /LKW/2013 ASSESSMENT YEAR:0 5 - 0 6 SMT. MADHU AWASTHI, C - 1, KDA OFFICERS COLONY, BENAJHABAR, KANPUR. PAN:AEDPA8584L VS. INCOME TAX OFFICER - 2(2), KANPUR. (APPELLANT) (RESPONDENT) O R D E R THIS APPEAL IS PREFERRED ON BEHALF OF THE ASSESSEE AGAINST THE ORDER OF CIT(A) ON A SOLITARY GROUND THAT THE CIT(A) HAS ERRED ON FACTS IN HOLDING THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL AND DECIDED THE APPEAL EX - PARTE AND CONFIRMED THE ADDITIONS MADE BY THE ASSESSING OFFICER. 2. DURING THE COURSE OF HEARING OF THE APPEAL, THE LEARNED COUNSEL FOR THE ASSESSEE HAS CONTENDED THAT THE ASSESSING OFFICER HAS ALSO PASSED EX - PARTE ORDER AND MADE THE ADDITIONS ON ACCOUNT OF UNEXPLAINED INVESTMENT AT RS.3,90,784/ - ON DEPOSITS MADE IN ITS BA NK ACCOUNTS ON DIFFERENT DATES. THE CIT(A), WITHOUT VERIFYING THE FACTS, HAS DISMISSED THE APPEAL SUMMARILY AND CONFIRMED THE ADDITIONS. NOW THE LEARNED COUNSEL FOR THE APPELLANT BY SHRI PRADEEP MEHROTRA, ADVOCATE SHRI PRASHANT KUMAR VERMA, C. A. RESPONDENT BY SHRI ALOK MITRA, D.R. DATE OF HEARING 24/03/2014 DATE OF PRONOUNCEMENT 24/03/2014 2 ASSESSEE HAS FILED PAPER BOOK CONTAINING THE COPIES OF THE BANK STATEMENTS ALONG WITH THE EXPLANATION OF THE SOURCE OF DEPOSITS. ON CAREFUL PERUSAL OF THE DOCUMENTS, I AM OF THE VIEW THAT THIS ISSUE REQUIRES PROPER ADJUDICATION IN THE LIGHT OF THE BANK STATEMENTS AND THE EXPLANATIONS WITH REGARD TO THE DEPOSITS IN THE BANK. I, THEREFORE, SET ASIDE THE ORDER OF CIT(A) AND RESTORE THE MATTER TO THE FILE OF THE ASSESSING OFFICER WITH THE DIRECTION TO READJUDICATE THE ISSUE AFRESH IN THE LIGHT OF THE BANK STATEMENTS AND EXPLANATION FOR DEPOSITS FURNISHED BY THE ASSESSEE BEFORE THE TRIBUNAL. ACCORDINGLY, THE APPEAL OF THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. (ORDER IS PRONOUNCED IN THE OPEN AT THE TIME OF CONCLUSION OF HEARING ) SD /. (SUNIL KUMAR YADAV) JUDICIAL MEMBER DATED: 26 /03/2014 *CL SINGH COPY FORWARDED TO THE: 1. APPELLANT. 2. RESPONDENT. 3. CIT (A) 4. CIT 5. DR. ASSISTANT REGISTRAR