SMT. SARITA MURLI MANOHAR MALOO, Nagpur V. ACIT-CENTRAL-CIRCLE-1(2), Nagpur

ITA 60/NAG/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1581 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-11-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 07-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KANE
• Keywords: Income from undisclosed sources; Source of fund

Judgement Text

1 ITA NO. 60/NAG/2014 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. (S.M.C.) I.T.A. NO.60NAG/2014 ASSESSMENT YEAR : 2008 - 09. SARTITA MURLI MANOHAR MALOO ASSTT .COMMISSIONER OF NAGPUR. VS. INCOME - TAX, CENTRAL CIR. - 1(2), PAN ACVPM7332E NAGPUR. APPELLANT. RESPONDENT. APPELLANT BY : NONE. RESPONDENT BY : SHRI NARENDRA KANE. DATE OF HEARING : 10 - 11 - 2015. DATE OF PRONOUNCEMENT : 17 TH NOV., 2015. O R D E R. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(APPEALS) - III, NAGPUR DATED 27 - 11 - 2013 AND PERTAINS TO ASSESSMENT YEAR 2008 - 09. THE ISSUE RAISED IS THAT THE LEARNED CIT(APPEALS) ERRED IN CONFIRMING THE ADDITION OF RS.1,00,000/ - . 2. IN THIS CASE THE ASSESSEE HAS FILED AN ADJOURNMENT REQUEST DUE TO UNAVOIDABLE CIRCUMSTANCES WITHOUT SPECIFYING ANY DETAIL. I FIND THAT THE ASSESSEE HAS BEEN GRANTED ADJOURNMENT TWICE EARLIER. HENCE THE ADJOURNMENT REQUEST IS BEING REJECTED. I FIND THAT TH E ISSUE RAISED IN THE APPEAL CAN BE DISPOSED OF BY HEARING LEARNED D.R. AND PERUSING THE RECORDS. 3. IN THIS CASE THE AO OBSERVED THAT THE ASSESSEE HAS DEBITED RS.1 LAKH ON FOREIGN TRAVELLING EXPENSES IN CAPITAL ACCOUNT. THE ASSESSEE DID NOT SUBMIT ANY 2 ITA NO. 60/NAG/2014 DET AILS WHEN ASKED FOR. HENCE THE AO ADDED RS.1,50,000/ - AS UNDISCLOSED FOREIGN TRAVELLING EXPENSES MET THROUGH UNDISCLOSED SOURCES OF INCOME. 4. UPON ASSESSEES APPEAL, LEARNED CIT(APPEALS) GRANTED RELIEF OF RS.50,000/ - AND CONFIRMED THE ADDITION OF RS.1,00, 000/ - . 5. UPON CAREFUL CONSIDERATION I NOTE THAT IT IS NOT THE CASE THAT THE ASSESSEE HAS CLAIMED ANY FOREIGN TRAVEL EXPENDITURE FOR WHICH THE DETAILS HAS NOT BEEN FURNISHED. THE ASSESSEE IS UNDER NO OBLIGATION TO MAINTAIN THE DETAILS AND SUPPORTING FOR TH E DRAWINGS/WITHDRAWALS WHICH S HE IS MAKING FROM THE CAPITAL ACCOUNT. HENCE REVENUES CLAIM THAT THE ASSESSEE MIGHT HAVE INCURRED FOREIGN TRAVELLING EXPENDITURE BEYOND THAT WHICH HAS BEEN REFERRED TO IN THE CAPITAL ACCOUNT IS DEVOID OF ANY COGENCY. THE SA ME IS BASED UPON SURMISES AND CONJECTURE AND THE SAME IS LIABLE TO BE DELETED ACCORDINGLY. HENCE I SET ASIDE THE ORDERS OF THE AUTHORITIES BELOW AND DELETE THE ADDITION. 6. IN THE RESULT, THIS APPEAL FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 17 TH DAY OF NOV., 2015. SD/ - ( SHAMIM YAHYA) ACCOUNTANT MEMBER. NAGPUR, DATED: 17 TH NOV., 2015. 3 ITA NO. 60/NAG/2014 COPY FORWARDED TO : 1. S MT. SARITA MURLI MANOHAR MALOO 101, JAI BHAWANI SOCIETY, WARDHAMAN NAGAR, C.A. ROAD, NAGPUR. 2. A.C.I.T., CENTRAL CIRCLE - 1(2), NAGPUR. 3. C.I.T. - III, NAGPUR. 4. C.I.T. NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY. BY ORDER WAKODE ASSISTANT REGISTRAR, ITAT, NAGPUR