Smt. Sunita Sampatrao Patil, Sangli V. Income-tax Officer, Ward - 2 (3), Sangli

ITA 871/PUN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9452 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-08-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 08-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE
• Assessee Lawyers: N O N E
• Section: 13; 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, J UDICIAL MEMBER . / ITA NO . 871 /PUN/2019 / ASSESSMENT YEAR : 20 08 - 09 SMT. SUNITA SAMPATRAO PATIL, C/O PANDURANG KRISHNA PATIL, BEHIND SCHOOL NO. 9, SANGLIWADI, TAL. MIRAJ, SANGLI PAN : ALHPP1815E ....... / APPELLANT / V/S. THE INCOME TAX OFFICER, WARD 2(3), SANGLI / RESPONDENT ASSESSEE BY : N O N E REVENUE BY : S HRI S.P. WALIMBE / DATE OF HEARING : 18 - 08 - 2020 / DATE OF PRONOUNCEMENT : 19 - 0 8 - 2020 / ORDER PER S.S. VISWANETHRA RAVI, JM : THIS APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 13 - 03 - 2019 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 1 , KOLHAPUR [CIT(A)] FOR ASSESSMENT YEAR 2008 - 09. 2 ITA NO .871/PUN/2019, A.Y. 2008 - 09 2. WE FIND NO REPRESENTATION ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FILED SEEKING ADJOURNMENT. THE ASSESSEE CALLED ABSENT AND SET EX - PARTE. THEREFORE, WE PROCEED TO HEAR LD. DR A ND PASS ORDER BASING ON MATERIAL AVAILABLE ON RECORD. 3. THE ONLY GROUND IS TO BE DECIDED IS AS TO WHETHER THE CIT(A) JUSTIFIED IN CONFIRMING THE ADDITION MADE BY THE AO U/S. 68 OF THE ACT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. 4. HEARD LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE NOTE THAT THE ASSESSEE IS AN INDIVIDUAL FILED RETURN OF INCOME DECLARING TOTAL INCOME OF RS.45,750/ - WHEREIN ON SCRUTINY THE AO DETERMINED THE SAME AT RS.12,51,750/ - INTER ALIA ADDING AN AMOUNT OF RS.12,06,000/ - U/S. 68 OF THE ACT. WE NOTE THAT THE A O BASING ON THE AIR INFORMATION SOUGHT EXPLANATION FROM THE ASSESSEE REGARDING THE CASH DEPOSITS FOUND IN HER ACCOUNT TO AN EXTENT OF RS.12,06,000/ - . THE ASSESSEE VIDE HER WRITTEN STATEMENT FILED CONFIRMATIONS OF 17 PERSONS ALONG WITH THEIR 7/12 EXTRACTS. THE CONTENTION OF THE ASSESSEE IS THAT SHE RAISED ADVANCES AMOUNTS FROM HER RELATIVES TO PURCHASE AN AGRICULTURAL LAND . THE AO RECORDED STATEMENTS OF 4 PERSONS OUT OF 17 PERSONS ABOVE. THE CONTENTION OF AO IS THAT THE SAID 4 PERSONS DOES NOT HAVE CAPAC ITIES TO LEND MONEY TO ASSESSEE NOR THEY HAVE PAN. THE AO DID NOT EXAMINE REMAINING 15 PERSONS AND NO DISCUSSION WHATSOEVER IN THE ASSESSMENT ORDER NOR IN IMPUGNED ORDER. WE FIND THAT ALL THE 19 PERSONS ARE AGRICULTURISTS HAVING LANDS ONE OR TWO ACRES AN D EVEN SOME OF THEM CULTIVATING THEIR LANDS ON EARNING AGRICULTURAL INCOME. THE CONTENTION WAS MADE BY THE ASSESSEE BEFORE THIS TRIBUNAL BY LETTER DATED 30 - 05 - 2019 WHEREIN SHE STATED ALL 19 PERSONS CONFIRMED LENDING MONEY TO HER IN CASH BUT THE AO IGNORED THE SAME. WE NOTE SOME 3 ITA NO .871/PUN/2019, A.Y. 2008 - 09 OF THE CREDITORS ARE EARNING SALARY, HAVING BANK ACCOUNTS AND LIFE INSURANCE ETC. ADMITTEDLY, THE AO NOR CIT(A) DISCUSSED ABOUT THE OTHER CREDITORS, FURTHER WE FIND NO DENIAL BY THE CREDITORS REGARDING THE ADVANCING AMOUNTS TO ASS ESSEE. WE FIND FORCE IN THE SUBMISSIONS OF ASSESSEE WHEREIN THE IDENTITY, CREDITWORTHINESS AND GENUINENESS OF TRANSACTIONS AS REQUIRED U/S. 68 OF THE ACT IS EXPLAINED BEFORE THE AUTHORITIES AND IN OUR OPINION, THE SAME IS HELD TO BE PROVE D AND THE ADDITIO N MADE BY THE AO AS CONFIRMED BY THE CIT(A) IS DELETED. THUS, ONLY GROUND RAISED BY THE ASSESSEE IS ALLOWED. 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH AUGUST, 2020. SD/ - SD/ - ( R.S. SYAL ) ( S.S. VISWANETHRA RAVI ) VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 19 TH AUGUST, 2020. RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A) - 1 , KOLHAPUR 4. THE PR. CIT - 1, KOLHAPUR 5. , , , / DR, ITAT, SMC BENCH, PUNE. 6. / GUARD FILE. // // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE