Shri Lakhan Choudhary, Indore V. The ITO Wd-3(3), Indore

ITA 743/IND/2013

• Counselvise Citation: 74322714 RSA 2013
• Duration Of Justice: 1 year(s) 10 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Next Hearing Date: 29-09-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 24-12-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND SHRI B.C.MEENA, ACCOUNTANT MEMBER I.T.A.NO.743/IND/2013 A.Y. : 2008-09 SHRI LAKHAN CHOUDHARY, ITO, WARD 3(3), INDORE. VS INDORE APPELLANT RESPONDENT PAN NO. ALRPC1829M APPELLANT B Y SHRI S.S.SOLANKI, C. A. RESPONDENT BY SHRI R.A. VERMA, DR DATE OF HEARING : 29 .0 9 .2015 DATE OF PRONOUNCEMENT : 02.11. 2015 SHRI LAKHAN CHOUDHARY, INDORE VS. ITO,INDORE,I.T.A. NO. 743/IND/2013-A.Y. 2008-09 2 2 O R D E R PER GARASIA, J.M. THE APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A)-I, INDORE DATED 25.09.2013 FOR THE ASSESS MENT YEAR 2008-09. 2. THE SHORT FACTS OF THE CARE ARE THAT THE ASSESSEE H AS FILED THE RETURN OF INCOME DECLARING INCOME OF RS. 14,800/- AND AGRICULTURE INCOME OF RS. 45,000/-. THE RETURN WAS FILED ON THE INFORMATION OF AIR DEPOSITING THE CASH OF RS . 22,50,000/- IN SAVING BANK ACCOUNT OF THE ASSESSEE. THE ASSESSEE IS A FARMER HAVING ENGAGED IN AGRICULTURAL ACTIVITIES FOR THE YEAR. THE ASSESSEE DOES NOT HAVE ANY OTHER SOURCE OF INCOME EXCEPT AGRICULTURE WORK EARNING AND, THEREFO RE, ALL THE RECEIPTS IN HIS BOOKS OF ACCOUNT BELONG TO THE AGRI CULTURAL ACTIVITIES. DURING THE YEAR 2007-08, THE ASSESSEE H AS SOLD THE AGRICULTURE NAMED JOINTLY WITH BROTHER AND UNCLE. T HE TOTAL AREA OF THE LAND WAS 5.93 HECTARE OUT OF WHICH THE ASSESSEES SHRI LAKHAN CHOUDHARY, INDORE VS. ITO,INDORE,I.T.A. NO. 743/IND/2013-A.Y. 2008-09 3 3 SHARE WAS 25% OF THE TOTAL SHARE. THE LAND ACQUIRED BY THE ASSESSEE IN INHERITANCE AFTER THE DEATH OF FATHER A ND IT IS THE ANCENSTRAL PROPERTY. THE AO FOUND THAT THE ASSESSEE HAS RECEIVED THIS AMOUNT OF RS. 30,00,000/- BY WAY OF C HEQUE, WHICH THE ASSESSEE COULD NOT PROVE. THEREFORE, THE AO HAS MADE THE ADDITION. 3. THE MATTER CARRIED TO THE LD. CIT(A) AND THE LD. C IT(A) HAS DISMISSED THE APPEAL. 4. THE LD. AUTHORIZED REPRESENTATIVE SUBMITTED THAT TH E ASSESSEE HAS EXECUTED SALE DEED TO M/S. YASHRAJ INF RA PROJECTS PVT.LIMITED AND THE ASSESSEE HAS DEPOSITED CASH AND CHEQUE TO THE BANK ACCOUNT. THE ASSESSEE HAS RECEIVED SALE CONSIDERATION OF RS. 70 LAKHS PARTIALLY IN CASH AND PARTIALLY IN CHEQUE. THE ASSESSEE HAS RECEIVED THIS RS. 30 LAKHS FROM SELLING OF AGRICULTURAL LAND ONLY. THEREFORE, THIS AMOUNT IS AGRICULTURE INCOME ONLY. THE ASSESSEE HAS RECEIVED THIS AMOUNT BY CHEQUE ONLY. THEREFORE, IT CANNOT BE ADDE D. 5. THE LD. DR RELIED UPON THE ORDERS OF THE REVENUE AUTHORITIES. SHRI LAKHAN CHOUDHARY, INDORE VS. ITO,INDORE,I.T.A. NO. 743/IND/2013-A.Y. 2008-09 4 4 6. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PARTIES. LOOKING TO THE FACTS AND CIRCUMSTANCES O F THE CASE, WE FIND THAT THE ASSESSEE HAS PRODUCED THE TRANSACT ION CARRIED OUT THROUGH THE BANK AND IN THE BANK, THE ASSESSEE HAS DEPOSITED RS. 30 LACS, WHICH HE RECEIVED BY SELLING THE LAND. THE ASSESSEE HAS RECEIVED THIS FROM HIS SAVING BANK ACCOUNT NO.880610110001337, REMITTED BY THE SALE PROCEEDS, WHICH HE DEPOSITED. THE ASSESSEE HAS RECEIVED THIS BY CHE QUE AND THE ASSESSEE IS A CO-OWNER OF THE PROPERTY AND FROM PERUSING THE SALE DEED NOWHERE IT IS MENTIONED THAT THE ASSE SSEE IS 50% OF THE SHAREHOLDERS OF THE SHARER OF THE LAND PROCE EDS. THEREFORE, WE ARE OF THE VIEW THAT THE LD. CIT(A) I S NOT JUSTIFIED IN MAKING THE ADDITION. THEREFORE, WE DELETE THE SA ME. 7. IN RESPECT OF RS. 8 LAKHS RECEIVED BY THE ASSESSEE FROM YASHRAJ INFRA PROJECTS P.LTD., THE ASSESSEE WAS NOT ABLE TO PRODUCE THE EVIDENCE BEFORE US THAT THE ASSESSEE HA S RECEIVED RS. 8 LAKHS FROM THE SALE OF LAND. THE ASSESSEE REC EIVED RS. 8 LAKHS IN CASH, BUT THE ASSESSEE DID NOT PRODUCE ANY EVIDENCE BEFORE US, AO AND THE CIT(A). THEREFORE, WITHOUT A NY EVIDENCE, SHRI LAKHAN CHOUDHARY, INDORE VS. ITO,INDORE,I.T.A. NO. 743/IND/2013-A.Y. 2008-09 5 5 ONE CANNOT JUMP TO THE CONCLUSION THAT THIS IS AN A GRICULTURE SALE PROCEEDS. THEREFORE, WE CONFIRM THE ACTION OF THE REVENUE AUTHORITIES. 8. CONSEQUENTLY, WE DELETE THE ADDITION OF RS. 30 LAKH S AND CONFIRM THE ADDITION OF RS. 8 LAKHS. 9. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 2 ND NOVEMBER, 2015. SD/- (B. C. MEENA) ACCOUNTANT MEMBER SD/- ( D.T.GARASIA) JUDICIAL MEMBER DATED : 2 ND NOVEMBER, 2015. CPU* 6.9