Ruheena Begum Shaikh Amir, Jalna V. Assistant Commissioner of Income-Tax, Circle, Jalna

ITA 666/PUN/2022

AI Insights

The case involves Ruheena Begum Shaikh Amir, the appellant, who appealed against the orders of the CIT(A) confirming the additions made by the AO under section 68 of the Income Tax Act. The additions pertained to Rs.24.00 lakh received as a gift from family members and an opening balance of Rs.4,02,192 in the assessee's books, which was taxed under section 115BBE. The appellant contested that the gift was genuine and provided additional evidence to substantiate her claims, which was not available at the earlier stages due to internal disputes among family members. The Tribunal decided to remit the matter back to the AO for a fresh examination of the additional evidence and to decide the issues in accordance with the law.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 124163 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 23-02-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 04-09-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Keywords: Gift; Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT आयकर अपील सं. /ITA No.666/PUN/2022 नधा रण वष / Assessment Year : 2016-17 Ruheena Begum Shaikh Amir, Jaibharat Petroleum, Near Goldy Lawns, Jalna 431 203, Maharashtra PAN : FTHPS2282F Vs. ACIT, Jalna Circle, Jalna Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP: This appeal by the assessee arises out of the order dated 28-07-2022 passed by the CIT(A) in National Faceless Appeal Centre, Delhi in relation to the assessment year 2016-17. 2. The first issue raised in this appeal is against the confirmation of addition of Rs.24.00 lakh made by the Assessing Officer (AO) u/s.68 towards the amount received by the assessee as a gift offered for taxation in the return of income. 3. Briefly stated, the facts of the case are that the assessee furnished return declaring total income of Rs.28,90,670/- including a sum of Rs.24.00 lakh being gift received from her family members. Assessee by Mrs. M.N. Kulkarni Revenue by Shri Ramnath P. Murkunde Date of hearing 24-02-2023 Date of pronouncement 24-02-2023 ITA No. 666/PUN/2022 Ruheena Begum Shaikh Amir 2 The AO treated such amount as cash credit u/s.68 because the assessee could not furnish necessary confirmation of gift from his family. The decision of the AO came to be echoed in the first appeal. Aggrieved thereby, the assessee has approached the Tribunal. 4. I have heard both the sides and gone through the relevant material on record. The ld. AR has filed certain additional evidence in order to prove the genuineness of the gift received in the shape of confirmation etc. It was prayed that such additional evidence could not be adduced before the authorities below at the material time because of some inter se dispute, which got resolved later on. Since such additional evidence was not before the AO, it was prayed that the matter may be sent back to the AO for consideration. 5. In the given facts and circumstances of the case and without going into the merits of the additional evidence, I am of the considered opinion that the ends of justice would meet adequately if the impugned order on this score is set-aside and the matter is restored to the file of the AO. I order accordingly and direct the AO to examine the additional evidence which the assessee proposes to file and then decide the issue as per law after allowing opportunity of hearing to the assessee. ITA No. 666/PUN/2022 Ruheena Begum Shaikh Amir 3 6. The only other ground is against the opening balance in the books of the assessee to the tune of Rs.4,02,192/-. The AO added the said sum and taxed it u/s.115BBE of the Act. The ld. AR submitted that the assessee has necessary evidence to support that this amount was available which may also be considered by the AO. 7. In the given facts and circumstances, I set-aside the impugned order on this score and remit the matter to the file of the AO for considering the explanation of the assessee and then decide as per law. 8. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 24 th February, 2023. Sd/- (R.S.SYAL) VICE PRESIDENT प ु णे Pune; दनांक Dated : 24 th February, 2023 Satish ITA No. 666/PUN/2022 Ruheena Begum Shaikh Amir 4 आदेश क त ल प अ े षत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. The Pr. CIT concerned 4. 5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, SMC, Pune / DR, ITAT, Pune गाड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 24-02-2023 Sr.PS 2. Draft placed before author 24-02-2023 Sr.PS 3. Draft proposed & placed before the second member -- JM 4. Draft discussed/approved by Second Member. -- JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *