LATE MR. DEEPAK A AHUJA REPRESENTED BY HIS LEGAL HEIR HIS WIFE MRS. VARSHA AHUJA, MUMBAI V. ITO 19(1)(3), MUMBAI

ITA 7055/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 93263 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-07-2015
• Appeal Filed By: Assessee
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 03-12-2013
• Court: TRIBUNAL
• Assessee Lawyers: S V NAVALKAR SHRI LOVE KUMAR
• Keywords: Additional evidence
• Section: 80C

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI . . , , BEFORE : SHRI R.C.SHARMA, AM & SHRI VIJAY PAL RAO , JM ./ ITA NO. 7055 / MUM/20 1 3 ( / ASSESSMENT YEAR : 20 08 - 09 ) LATE MR. DEEPAK A. AHUJA REPRESENTED BY HIS LEGAL HEIR HIS WIFE MRS. VARSHA , 97 , 1 ST FLOOR, PUSHPA VARSHA S.V.R.D., KHAR(W) , MUMBAI - 400052 VS. ITO 19(1)(3), MUMBAI PAN NO. ( / APPELLANT ) .. ( / RESPONDENT ) /ASSESSEE BY : SHRI S.V.NAVALKAR /REVENUE BY : SHRI LOVE KUMAR / DATE OF HEARING : 30 /0 4 / 2015 / DATE OF PRONOUNCEMENT 22/07/ 2015 / O R D E R PER R.C.SHARMA (A.M) : TH IS IS AN APPEAL FILED BY ASSESSEE AGAINST THE ORDER OF CIT(A) , MUMBAI , IN THE MATTER OF ORDER PASSED U/S.14 3 (3 ) OF THE I.T ACT FOR THE ASSESSMENT YEAR 2008 - 09 . 2 . IN THIS APPEAL, THE ASSESSEE IS AGGRIEVE D BY VARIOUS ADDITIONS MADE BY THE AO WITHOUT PROPERLY APPRECIATING THE DOCUMENTARY EVIDENCE PLACED ON RECORD. THE AO HAS BASICALLY MADE THE ADDITIONS ON ACCOUNT OF CASH DEPOSIT IN THE BANK ACCOUNT, PROPERTY PURCHASE AND UNSECURED LOANS. 3. WE HAVE CONSIDE RED RIVAL CONTENTIONS AND FOUND THAT BEFORE THE AO THE ASSESSEE HAS SUBMITTED VARIOUS EVIDENCE WITH REGARD TO THE FACT THAT ALL THE PAYMENTS OF FLAT PURCHASED HAVE BEEN MADE FROM DISCLOSED BANK ITA NO. 7055 /1 3 2 ACCOUNT. DURING THE YEAR AS AGAINST SALE OF SMALL FLAT OWNED B Y WIFE OF THE ASSESSEE, THE ASSESSEE HAS PURCHASED THE BIGGER FLAT. IT WAS ALSO BROUGHT TO OUR NOTICE THAT THE ASSESSEE HAS UNSECURED AMOUNT OF RS. 3 2, 25 ,000/ - AT THE END OF THE YEAR FOR WHICH CONFIRMATION WAS FURNISHED BEFORE THE LOWER AUTHORITIES ALONG WI TH CHEQUE NO. , DATE OF RECEIPT, NAME OF BANK ETC. LD. AR DREW OUR ATTENTION TO THE CASH WITHDRAWN FROM THE VARIOUS BANK ACCOUNT AND OPENING BALANCE IN THE CASH ACCOUNT WHICH WAS NOT CONSIDERED BY THE AO. IT WAS FURTHER BROUGHT TO OUR NOTICE THAT ASSESSEE W AS SERIOUSLY ILL AND BEDRIDDEN FOR SEVERAL MONTHS AND HAD UNDERGONE KIDNEY SURGERY FEW MONTHS BANK. AT THE TIME OF FILING APPEAL BEFORE THE CIT(A), ASSESSEE WAS NO MORE, THEREFORE, WIDOW OF THE ASSESSEE COULD NOT EXPLAIN PROPERLY BEFORE THE CIT(A) . WE FOU ND THAT WITHOUT CONSIDERING THE VARIOUS DOCUMENTS FILED BY THE ASSESSEE BEFORE THE LOWER AUTHORITIES, THE ADDITIONS WERE CONFIRMED BY CIT(A). FROM THE RECORD WE FOUND THAT FOLLOWING DOCUMENTS WERE FURNISHED BEFORE THE AO : - 1. DOCUMENTARY EVIDENCE FOR PRO OF OF BONAFIDE BUSINESS. 2. DEUTSCHE BANK STATEMENT (ANNEXURE 'G') 3. DEUTSCHE BANK STATEMENT ( ANNEXURE 4. CA - 52850, CITY UNION BANK (ANNEXURE H ) 5. CA - 36969 - DO - (ANNEXURE I ) 6. CA - 36831 - DO - (ANNEXURE J) 7. 1288998, AB AMRO STATEMENT (A NNEXURE K) 8. DETAILS OF CASH WITHDRAWN & DEPOSITED INTO BANKS(ANNEXURE L) 9. DETAILS OF CASH PAYMENTS & RECEIPTS(ANNEXURE M) 1 O.RECONCILIATION OF SALES STATEMENT (ANNEXURE N) 11.DETAILS OF UNSECURED 'LOANS/ANNEXURE 0) 12.DETAILS OF PURCHASE OF FLAT FROM DEUTSCHE BANK 13.DETAILS OF DEDUCTION U/S 80C & 80D (ANNEXURE Q) 14.SUMMARY OF ABN AMRO ALC 1029387 15.SUMMARY OF DE UTSE HE BANK 1 6.TRANSFER OF FUNDS FROM VARSHA AHUJA 17.DETAILS OF CASH DEPOSITS 18.DETAILS OF DIVIDEND & INTEREST RECEIVED 19.5UM MARY OFKRISH IMPEX ALE ITA NO. 7055 /1 3 3 20. SUMMARY OFCHANDNI ENT(CITY UNION 36831) 21.DETAILS OF PERSONAL LOANS 22. SUMMARY OF CITY UNION A/C 36969(C.D INT) 23.LETTER OF AUTHORITY OF CIT(A) - 30 24.SUBMISSION DATED 11 / 11/20 11 HOWEVER, THE SAME WERE NOT CONSIDERED PROP ERLY . THE WIDOW OF THE ASSESSEE ALSO PLACED ON RECORD DEATH CERTIFICATE OF THE ASSESSEE AND IT WAS REQUESTED THAT MATTER SHOULD BE RESTORED BACK TO THE FILE OF THE AO FOR CONSIDERING ALL THESE DOCUMENTS. 4. IN VIEW OF THE ABOVE DISCUSSION AND IN THE INTER EST OF JUSTICE AND FAIR PLAY, WE RESTORE THE APPEAL TO THE FILE OF AO FOR DECIDING AFRESH AFTER CONSIDERING THE DOCUMENTS FILED BY THE ASSESSEE ON EARLIER OCCASIONS. THE ASSESSEE IS AT LIBERTY TO FILE ANY ADDITIONAL EVIDENCE IN SUPPORT OF ITS CLAIM OF DEPO SIT IN THE BANK ACCOUNT. 5 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED IN PART FOR STATISTICAL PURPOSES . O RDER PRONOUNCED IN THE OPEN COURT ON THIS 22/07 / 201 5 . SD/ - SD/ - ( ) ( VIJAY PAL RAO ) ( . . ) ( R.C.SHARMA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED 22/07 /201 5 . . /PKM , . / PS / COPY OF THE ORDER FORWAR DED TO : / BY ORDER, / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / /TRUE COPY//