Smt. Rashmi Devi, Ludhiana V. ITO, W-6(2), Ludhiana

ITA 702/CHANDI/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 4920 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 08-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VANDANA V MOHITE
• Keywords: Set aside

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, B, CHANDIGARH , ! '# $ % & '# , () BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ./ ITA NO. 702/CHD/2019 / ASSESSMENT YEAR : 2007-08 SMT. RASHMI DEVI, H.NO. 24-B, SHASTRI NAGAR, LUDHIANA THE ITO, WARD-6(2), LUDHIANA ./ PAN NO: AFJPM3925N / APPELLANT / RESPONDENT ! / ASSESSEE BY : NONE ' ! / REVENUE BY : SMT.VANDANA V.MOHITE, SR . DR # $ % /DATE OF HEARING : 30.10.2019 &'() % / DATE OF PRONOUNCEMENT : 30.10.2019 (* / ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER DATED 25.03.2019 OF THE COMMISSIONER OF INCOM E TAX (APPEALS)-3, LUDHIANA [HEREINAFTER REFERRED TO AS CIT(A)]. 2. AN ADJOURNMENT APPLICATION HAS BEEN FILED BY THE ASSESSEE IN THIS CASE, HOWEVER, CONSIDERING THE FACTS AND CIRCUMSTAN CES OF THE CASE AND THE ISSUE INVOLVED, WE PROCEED TO DECIDE THE APPEAL ON MERIT AFTER HEARING THE LD. DR. ITA NO. 702/CHD/2019- SMT.RASHMI DEVI LUDHIANA 2 3. THE SOLE ISSUE INVOLVED IN THIS APPEAL IS REGARD ING THE ADDITION OF RS. 76,000/- MADE BY THE ASSESSING OFFICER AND FURT HER CONFIRMED BY THE LD. CIT(A) ON THE GROUND THAT THE ASSESSEE HAD FAIL ED TO EXPLAIN THE SOURCE OF THE AMOUNT OF RS. 76,000/- ADVANCED BY TH E ASSESSEE TO HER HUSBAND SHRI ASHWANI KUMAR, PROP. M/S EMMSON TRADE RS. 4. A PERUSAL OF THE IMPUGNED ORDER OF THE LD. CIT(A ) REVEALS THAT THE ASSESSEE IS AN INCOME-TAX PAYEE. THE ASSESSEE HAD FURNISHED DETAILS OF THE INCOME DECLARED / COPIES OF THE ITRS TO SHOW THAT THE ASSESSEE HAS BEEN REGULARLY FILING HER INCOME-TAX RETURNS AND HE R DECLARED INCOME RANGES FROM RS. 84,150/- IN ASSESSMENT YEAR 2002-0 3 TO RS. 1,09,400/- IN ASSESSMENT YEAR 2006-07. BESIDES THAT, THE CLA IM OF THE ASSESSEE IS THAT SHE HAS ALSO BEEN SAVING MONEY OUT OF THE HOUS EHOLD EXPENSES RECEIVED FROM HER HUSBAND. THAT A MEAGER AMOUNT OF RS. 76,000/- WAS ADVANCED BY HER OUT OF HIS PAST SAVING AS WELL AS O UT OF SELF-EARNED INCOME. 5. ON THE OTHER HAND, THE LD. DR HAS CONTENDED THAT THE LOWER AUTHORITIES HAVE RIGHTLY REJECTED THE CLAIM OF THE ASSESSEE BECAUSE THE ASSESSEE COULD NOT FURNISH THE SPECIFIC SOURCES OF THE AMOUNT OF RS. 76,000/- ADVANCED TO SHRI ASHWANI KUMAR. 6. CONSIDERING THE SUBMISSIONS OF THE LD. DR AND A FTER GOING THROUGH THE RECORD, WE ARE OF THE VIEW, THAT THE AD DITION IN THIS CASE IS ITA NO. 702/CHD/2019- SMT.RASHMI DEVI LUDHIANA 3 NOT WARRANTED. THE ASSESSEE ADVANCED A MEAGER AMOUN T OF RS. 76,000/- TO HER HUSBAND. THE ASSESSEE HAS CLAIMED THAT SHE E ARNED INCOME FROM TUITIONS ETC. AND HAS BEEN REGULARLY FILING INCOME- TAX RETURNS. APART FROM THAT, SHE HAS BEEN SAVING MONEY OUT OF HOUSEH OLD EXPENDITURE RECEIVED FROM HER HUSBAND. IN OUR VIEW, THE ASSESSEE WAS NOT SUPPOSED TO SHOW ANY FURTHER SPECIFIC SOURCE OF INVESTMENT FOR SUCH A MEAGER AMO UNT OF RS. 76,000/-, WHICH SEEMS TO BE OUT OF THE PAST SAVINGS OF THE AS SESSEE. THE ORDER OF THE CIT(A) IS SET ASIDE AND THE APPEA L OF THE ASSESSEE STAND ALLOWED. ORDER DICTATED AND PRONOUNCED IN THE OPEN COURT IMMEDIATELY ON COMPLETION OF HEARING. SD/- SD/- ( $ % & '# / ANNAPURNA GUPTA) () / ACCOUNTANT MEMBER ( / SANJAY GARG) / JUDICIAL MEMBER DATED : 30. 10.2019 .. '+ ,- .- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. # / / CIT 4. # / ( )/ THE CIT(A) 5. -01 2 , % 2 , 34516 / DR, ITAT, CHANDIGARH 6. 15 7$ / GUARD FILE '+ # / BY ORDER, 8 ' / ASSISTANT REGISTRAR ITA NO. 702/CHD/2019- SMT.RASHMI DEVI LUDHIANA 4