Smt. Rajni Laxmikant Kale, Jalna V. Income-tax Officer, Ward - 3, Jalna

ITA 632/PUN/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2571 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 25-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K VERMA
• Assessee Lawyers: K SRINIVASAN
• Keywords: Business income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL , VICE PRESIDENT . / ITA NO. 632 /PUN/20 19 / ASSESSMENT YEAR : 2012 - 13 SMT. RAJNI LAXMIKANT KALE, VADIGODRI, TQ. AMBAD, DIST. - JALNA - 431 203. PAN : DHUPK5016A ....... / APPELLANT / V/S. THE INCOME TAX OFFICER, WARD - 3, JALNA. / RESPONDENT A SSESSEE BY : SHRI K. SRINIVASAN REVENUE BY : SHRI M.K. VERMA / DATE OF HEARING : 18 .06.2019 / DATE OF PRONOUNCEMENT : 19 .06.2019 / ORDER PER R.S. SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE CIT(A PPEALS) - 1, AURANGABAD ON 28.02.2019 IN RELATION TO THE ASSESSMENT YEAR 2012 - 13. 2. BRIEFLY STATED IN THE FACTS OF THE CASE ARE THAT THE ASSESSEE IS AN INDIVIDUAL HA VING ONLY AGRICULTURAL INCOME . N O RETURN WAS FILED BY THE ASSESSEE. THE ASSESSI NG OFFICER ISSUED NOTICE U/S.148 OF THE INCOME TAX ACT, 1961 (HEREINAFTER ALSO CALLED THE ACT ) ON THE BASIS OF INFORMATION 2 ITA NO. 632 /PUN/20 19 A.Y. 2012 - 13 RECEIVED THAT THE ASSESSEE DEPOSITED A SUM OF RS.25,00,000/ - IN A SAVINGS BANK ACCOUNT MAINTAINED WITH SAMARTH SAHAKARI BANK, AMBAD, JALNA. ON BEING CALLED UPON TO FURNISH SOURCES OF SUCH DEPOSIT, THE ASSESSEE TENDERED SOME EXPLANATION. THE ASSESSING OFFICER GOT PARTLY CONVINCED AND MADE ADDITION FOR A SUM OF RS.9,30,00 0/ - . THE CIT(APPEALS) ENHANCED THE ADDITION TO RS.25,00,000/ - AGAINST WHICH THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 3 . I HAVE HEARD BOTH THE SIDES AND PERUSED THE RELEVANT MATERIAL ON RECORD. AT THE OUTSET, IT IS RELEVANT TO NOTE THAT THE ASSESSEE IS AN AGRICULTURIST HAVING NO BUSINESS INCOME AT ALL. A SUM OF RS.25,00,000/ - WAS DEPOSITED IN THE BANK ACCOUNT BY ASSESSEE AND SHE EXPLAINED THE SOURCE OF DEPOSIT BY MEANS OF A T ABLE , WHICH HAS BEEN CAPTURED AT PAGE 6 OF THE IMPUGNED ORDER , REPRODUCED HERE IN BELOW: 4. THE ASSESSEE STATED BEFORE THE A UTHORITIES BELOW THAT OVER A PERIOD CERTAIN AGRICULTURAL LANDS WERE SOLD BY HER HUSBAND AND FATHER - IN - LAW DATE OF SALE SALE CONSIDERATION MODE OF RECEIPT NAME OF THE SELLER SELLERS RELATION WITH ASSESSEE 21.12.2011 RS.14,42,000 CHEQUE KALE BHASKAR UTTAM FATHER - IN - LAW 21.12.2011 RS.4,55,000 CASH KALE MADHUKAR UTTAM KALE LAXMIKANT BHASKAR KALE LAHURAO UTTAMRAO RELATIVE HUSBAND RELATIVE 14.12.2009 RS.9,30,000 CASH KALE LAXMIKANT BHASKAR HUSBAND 25.06.2009 RS.3,54,000 CASH KALE LAXMIKANT BHASKAR HUSBAND 03.06.2009 RS.3,84,000 CASH KALE LAXMIKANT BHASKAR HUSBAND 30.05.2008 RS.6,96,000 CASH KALE LAXMIKANT BHASKAR HUSBAND TOTAL RS.42,25,000 3 ITA NO. 632 /PUN/20 19 A.Y. 2012 - 13 AND THE SALE PROCEEDS WERE DEPOSITED IN THE BANK ACCOUNT ON THE GIVEN DATE . THE FACT TH AT PROPERTIES WERE IN FACT SOLD IS NOT DISPUTED BY A UTHORITIES BELOW. SIMPLY B ECAUSE AGRICULTURAL LANDS WERE SOLD B Y HER HUSBAND AND FATHER - IN - LAW AND THE SALE PROCEEDS W ERE DEPOSITED IN THE ASSESSEES BANK ACCOUNT , CANNOT BE A REASON FOR MAKING AN ADDITION IN HER HANDS UNLESS IT IS SHOWN THAT THE HUSBAND AND FATHER - IN - LAW UTILIZE D THE AMOUNT ELSEWHERE HAVING NO RELATION WITH THE ASSESSEE . IN THE GIVEN FACTS AND CIRCUMSTANCES, I AM OF THE CONSIDERED OPINION THAT THE LD. CIT(APPEALS) WAS NOT JUSTIFIED IN NOT ONLY CONFIRMING THE ADDITION BUT ALSO ENHANCING IT TO RS.25,00,000/ - . I, TH EREFORE, DIRECT TO DELETE THE ADDITION. 5 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRO NOUNCED ON 19TH DAY OF JUNE , 201 9 . SD/ - R . S . SYAL R . S . SYAL / VICE - PRESIDENT / PUNE; / DATED : 19 TH JUNE , 201 9 . SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS) - 1, AURANGABAD. 4. THE PR. CIT - 1, AURANGABAD. 5 . , , - , / DR, ITAT, SMC BENCH, PUNE. 6. / GUARD FILE. // TRUE COPY // / BY ORDER, / PRIVATE SECRETARY , / ITAT, PUNE . 4 ITA NO. 632 /PUN/20 19 A.Y. 2012 - 13 * DATE 1 DRAFT DICTATED ON 18 .06 .201 9 SR. PS/PS 2 DRAFT PLACED BEFORE AUTHOR 1 8 .06.2019 SR. PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR. PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR. PS/PS 7 DATE OF UPLOADING OF ORDER SR. PS/PS 8 FILE SENT TO BENCH CLERK SR. PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER