Sudhakar Tiwari, Ballia V. ITO, Ballia

ITA 88/ALLD/2013

• Counselvise Citation: 8820714 RSA 2013
• Duration Of Justice: 2 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-10-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 28-03-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: A K

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ALLAHABAD BENCH ALLAHABAD BEFORE SHRI P.K. BANSAL, ACCOUNTANT MEMBER ITA NO. 88 /ALLD/201 3 ASSESSMENT YEAR: 200 8 - 0 9 SUDHAKAR TIWARI VS. INCOME TAX OFFICER, VILLAGE & POST TIKHAMPUR BALIA. BALIA. PAN:AFHPT6862K (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI A.K. PANDEY, DR. DATE OF HEARING: 29 .09.2015 ORDER PRONOUNCED ON: 13 /10/2015 ORDER THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF LEARNED CIT(A), DATED 16 . 1 2.201 1. 2. THE CASE HAS BEEN FIXED FOR HEARING ON 05.08.2015, 08.09.2015, 22.09.2015 AND ON TODAY NON E APPEARED ON BEHALF OF THE ASSESSEE , I THEREFORE, DECIDE D TO DI SPOSE OF F THE APPEAL AFTER HEARING THE LD. DR. 3 . THE BRIEF FACTS OF THE CASE ARE THAT THE AO NOTED THAT THE ASSESSEE HAS MADE THE VARIOUS DEPOSITS IN THE BANK ON THE VARIOUS DATES AGAINST THE SALE OF THE LAND BUT HE FOUND THE DEPOSIT MADE IN THE BANK WER E IN EXCESS OF THE CONSIDERATION FOR THE SALE OF THE LAND AND HE ACCORDINGLY TOTALLED UP SUCH DEPOSITS AS UNDER: DATE AMOUNT 11/06/2007 1,00,000/ - ITA NO.88/ALLD/2013 2 17/07/2007 1,61,000/ - 30/07/2007 80,000/ - 21/08/2007 1,47,000/ - TOTAL 4,88,000/ - ACCORDINGLY ASSESSEE SUBMITTED TH AT THESE DEPOSITS HAVE BEEN MADE OUT OF SALES OF HIS ANCESTRAL AGRICULTURAL LAND AND ADVANCE D RECEIVED FOR SALE. THE AO NOT BEING SATISFIED MADE THE ADDITION OF RS.4,88,000/ - . 4. THE ASSESSEE WENT IN APPEAL BEFORE THE LD. CIT(A), THE LD. CIT(A) CONFIRMED THE ADDITION. 5. I HEARD THE LD. DR AND CAREFULLY CONSIDERED HIS SUBMISSIONS ALONGWITH THE ORDER S OF TAX AUTHORITIES BELOW. I NOTED THAT; (I) D EPOSIT OF RS. 35,000/ - WAS MADE ON 11/06/2007 WHEREAS THE SALE DEED PRODUCED FOR SALE OF LAND WAS FOR RS.25,000/ - DATED 11/06/2007. THUS THE ASSESSEE MADE AN EXCESS DEPOSIT ON 11/06/2007 OF RS.1LAC. (II) THE ASSESSEE DEPOSITED RS.5 LAC ON 17/07/2007 SALE DEED PRODUCED FOR RS.3,61,000/ - . TH E ASSESSEE HAS MADE THE EXCESS DEPOSIT OF RS.1, 61 ,000/ - . (III) THE ASSESSEE DEPOSITED RS.6 LAC ON 30/07/2007 WHEREAS HE PRODUCED THE SALE DEED FOR RS.5,20,000/ - THE ASSESSEE DEPOSITED IN EXCESS RS.80,000/ - . ITA NO.88/ALLD/2013 3 (IV) SIMILARLY ON 21/08/2007 THE ASSESSEE DEPOSIT ED A SUM OF RS.3,50,000/ - WHILE THE SALE DEED PRODUCED FOR SALE OF LAND WAS FOR RS.2,03,000/ - THEREFORE, AN EXCESS DEPOSIT OF RS.1,47,000/ - ON 21/08/2007. THE ASSESSEE COULD NOT PRODUCE THE EVIDENCE TO PROVE THE SOURCE OF SUCH EXCESS DEPOSIT BEFORE ME AND , NO EXPLANATION WHATSOEVER WAS MADE BY THE ASSESSEE SO THAT THE NATURE OF THE SOURCES IN RESPECT OF THE DEPOSIT COULD BE PROVED. 6. UNDER THESE FACTS AND CIRCUMSTANCES, I DO NOT HAVE ANOTHER ALTERNATIVE EXCEPT THE CONFIR M THE ORDER OF THE LD. CIT(A) BUT TO THE EXTENT GIVEN AS UNDER : DATE AMOUNT 11/06/2007 1,00,000/ - 17/07/2007 1, 39 ,000/ - 30/07/2007 80,000/ - 21/08/2007 1,47,000/ - TOTAL 4,66 ,000/ - I, THEREFORE, REDUCE D THE ADDITION OF RS.4,6 6 ,000/ - . 7. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 / 10 /2015. SD/ - (P.K. BANSAL) ACCOUNTANT MEMBER DATED: 13 / 10 /2015 A.K.V. ITA NO.88/ALLD/2013 4 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR