ITO, Ward - 36(3), Kolkata, Kolkata V. Sanjeev Jain, Kolkata

ITA 887/KOL/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 54559 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2011
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 06-09-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 04-05-2010
• Court: TRIBUNAL
• Department Lawyers: P S DUTTA
• Assessee Lawyers: S L KOCHAR
• Keywords: Unexplained cash credit; Gift; Income from undisclosed sources; Additional evidence; Assessment record; Set aside
• Section: 133(6)

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BEN CH B, KOLKATA () BEFORE , , , , , SHRI MAHAVIR SINGH, JUDICIAL MEMBER. /AND . .. .!' !'!' !'. .. . , #$ SHRI C.D.RAO, ACCOUNTANT MEMBER % % % % / ITA NO . 887/KOL/2010 &' ()/ ASSESSMENT YEAR : 2003-04 (+, / APPELLANT ) I.T.O., WARD-36(3), KOLKATA - & - - VERSUS - . (./+,/ RESPONDENT ) SANJEEV JAIN, KOLKATA (PAN: AEMPJ 2082 B ) +, 0 1 #/ FOR THE APPELLANT: SHRI P.S.DUTTA ./+, 0 1 #/ FOR THE RESPONDENT: SHRI S.L.KOCHAR #2 / ORDER ( (( ( . .. .!' !'!' !'. .. . ) )) ), , , , #$ PER SHRI C.D.RAO, AM THIS APPEAL IS FILED BY THE REVENUE AGAINST THE OR DER DATED 19.02.2010 OF THE CIT(A)-XX, KOLKATA PERTAINING TO A.YR. 2003-04. 2. THE SOLE ISSUE RAISED BY THE REVENUE IN THIS APPEAL IS RELATING TO DELETION OF ADDITION AMOUNTING TO RS.48,00,000/- ON ACCOUNT OF UNEXPLAINED CASH CREDIT. 3. THE BRIEF FACTS OF THIS ISSUE ARE THAT WHILE DO ING THE SCRUTINY ASSESSMENT AO MADE AN ADDITION OF RS.48,00,000/- BY OBSERVING AS UNDER :- THE BRIEF FACTS OF THE CASE ARE THAT THE RETURN WA S FILED ON 01-12-2003 SHOWING TOTAL INCOME OF RS.2,26,180/-. THE AO NOTICED, DURI NG THE COURSE OF ASSESSMENT PROCEEDINGS U/S 143(3), THAT THE APPELLANT HAS RECE IVED GIFT OF RS.25,00,000/- FROM SRI JATIN D.MEHTA. THE AO WAS INFORMED BY THE APPELLANT, DURING THE 2 COURSE OF HIS STATEMENT U/S 131, THAT HIS WIFE SMT NEELA JAIN AHS ALSO RECEIVED GIFT OF RS.23,00,000/- FROM SRI JATIN D MEHTA, WHO HAPPENS TO BE HER SISTERS HUSBAND. IT WAS EXPLAINED BEFORE THE AO THAT THE DO NOR WAS AN NRI; AND, HOLDS A VALID PASSPORT NO.V-176657 AND ALSO AN NRE ACCOUN T NUMBER 550010000952 WITH ING VYSYA BANK, OPERA HOUSE BRANC H, MUMBAI. HE WAS A DIAMOND MERCHANT AND HAS BEEN RESIDING IN TAIWAN FOR THE LAST 15 YEARS. THE DECLARATION OF GIFT WAS FILED. THE GIFTS WERE RECEI VED BY ACCOUNT PAYEE CHEQUES FROM THE SAID NRE ACCOUNT. A CERTIFICATE FROM THE I NG VYSYA BANK, CERTIFYING THEREIN THAT CHEQUE NUMBER 235585 FOR RS.25,00,000/ - IN FAVOUR OF SANJEEV JAIN WAS PAID ON 09-10-2002 IN THE NRE ACCOUNT NUMB ER 550010000952 OF JATIN D MEHTA, WAS FOILED. THE BANK STATEMENT OF TH E APPELLANT WITH ABN- AMRO BANK, WHEREIN CHEQUE NO.235585 FOR RS.25,00,00 0/- WAS CREDITED ON 09-102002, WAS ALSO FILED. THE DONOR WAS RESIDING A BROAD AND HAD HAD NO INCOME IN INDIA, EXCEPT INTEREST INCOME FROM THE NR E ACCOUNT, WHICH WAS ALSO EXEMPT U/S 10(4)(II). HE WAS NOT LIABLE TO FILE 9IN COME TAX RETURN IN INDIA, AND THEREFORE COPIES OF HIS IT RETURNS OR IT ACKNOWLEDG EMENTS CANNOT BE FURNISHED. BUT, THE AO WAS NOT SATISFIED WITH THE EXPLANATION AND THE EVIDENCES FILED BY THE APPELLANT. THE AO NOTED THAT THE DONOR WAS ONLY A DISTANT RELATIVE, AND, GIFTS OF SUCH SUBSTANTIAL AMOUNTS WERE ABNORMAL. TH E AO ALSO NOTED THAT THE APPELLANT COULD NOT FURNISH COPIES OF IT RETURNS AN D IT ACKNOWLEDGEMENTS OF THE DONOR, AND THEREFORE, FAILED TO ESTABLISH HIS C REDITWORTHINESS. THE AO THEN CONCLUDED THAT THE GIFT RECEIVED BY THE APPELLANT, AND ALSO THE GIFT RECEIVED BY HIS WIFE, WAS NOT GENUINE, AND, THAT BOTH REPRESENT ED UNDISCLOSED INCOME OF THE APPELLANT. THE AO COMPLETED THE ASSESSMENT U/S 143( 3) ON 20-02-2006, AND, ADDED THE GIFTS AS INCOME FROM UNDISCLOSED SOURCES. THE MATTER WENT UPTO ITAT AND BEFORE THE ITAT ASSES SEE HAS FILED CERTAIN DOCUMENTS. BASED ON THESE DOCUMENTS THE ITAT HAS SET ASIDE THE MATTER TO THE FILE OF AO TO DECIDE THE ISSUE AFRESH AFTER TAKING INTO CONSIDERA TION THE DOCUMENTS SUBMITTED BY ASSESSEE. WHILE DOING THE RE-ASSESSMENT LD. AO HAS CONFIRMED THE ADDITION OF RS.48,00,000/- BY STATING THAT DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSEE WAS ASKED TO ESTABLISH THE CREDITWORTHINES S OF THE FIT DONOR SRI JATIN D MEHTA WHO IS PRESENTLY IN TAIWAN. THE ASSESSEE WAS ASKED TO FILE THE FOLLOWING DETAILS, AFTER OBTAINING THEM FROM THE DONOR, TO PROVE THE CREDITW ORTHINESS OF THE DONOR :- (I) COPIES OF THE TAX RETURNS OF SRI MEHTA, AS FILE D IN TAIWAN, FOR THE YEAR IN WHICH HE HAS SHOWN GIFTS TO THE ASSESSEE AND HIS WIFE AND FO R IMMEDIATELY TWO PRECEDING YEARS. THE ASSESSEE WAS REQUESTED TO FILE ALSO THE PHOTOCO PIES OF THE ACKNOWLEDGED COPIES OF THE BALANCE SHEET AND PROFIT AND LOSS ACCOUNT, FILE D IN TAIWAN, DULY CERTIFIED TO BE TRUE TO KNOW THE CREDITWORTHINESS. 3 (II) EVIDENCE OF THE FACT THAT OUTGOINGS OF RS.48 LAKHS HAVE BEEN SHOWN IN THE RELEVANT RETURN SUBMITTED IN TAIWAN. (III) TO PRODUCE THE AMOUNT OF PROFIT/NET PROFIT/IN COME OF MR.JATIN MEHTA DURING THE YEAR AND IMMEDIATELY PRECEDING TWO YEARS AND THE SH ARE HOLDING/OWNERSHIP OF THE DONOR IN THE FIRM. THOUGH THE ASSESSEE FILED A WRITTEN SUBMISSION BUT REGARDING THREE (3) POINTS NO DETAILS WAS FILED. AS THE ASSESSEE FAILED TO SUB STANTIATE THE GENUINENESS AND CREDITWORTHINESS OF THE SO CALLED GIFT OF RS.48 LAK HS TREATED AS INCOME FROM UNDISCLOSED SOURCES. 3.1. ON APPEAL LD. CIT(A) HAS DELETED THE SAME BY O BSERVING AS UNDER :- 10. I HAVE PERUSED THE RELEVANT ORDERS. I HAVE C ONSIDERED THE SUBMISSIONS OF THE APPELLANT AND ALSO THE MATERIAL ON RECORD. I FIND THAT THE APPELLANT HAS FILED ALL NECESSARY DETAILS AND EVIDENCES TO ESTABLISH THE GE NUINENESS OF THE GIFTS AND THE AO HAS HAD ALL THE OPPORTUNITY TO VERIFY THEM. BUT, TH E AO HAS FAILED TO CONTROVERT THE EVIDENCES FILED BEFORE HIM, AND, ALSO TO BRING ANY POSITIVE MATERIAL ON RECORD TO SHOW THAT THE GIFTS WERE NOT GENUINE. THE GIFT WAS RECEI VED BY ACCOUNT PAYEE CHEQUE, AND, IS DULY REFLECTED IN THE NRE ACCOUNT OF THE DONOR. THE DECLARATION OF GIFT WAS FILED. ALL NECESSARY SUPPORTIVE DOCUMENTS WERE ALSO FILED. WHILE RE-STORING THE MATTEI TO THE FILE OF THE AO, THE HONBLE ITAT DIRECTED THE A O TO EXAMINE THE EVIDENCES FILED BY THE APPELLANT; BUT, THE SAME HAVE NOT EVEN BEEN DISPUTED BY THE AO. THE AO HAS BROUGHT NO MATERIAL ON RECORD TO DISPROVE THOSE EVI DENCES. IN VIEW OF THE ABOVE, THE APPELLANT HAS CLEARLY DISCHARGED HIS ONUS OF ESTABL ISHING THE CREDITWORTHINESS OF THE DONOR 10.2. I FIND SUBSTANCE IN THE ARGUMENT THAT THERE IS NO MATERIAL ON RECORD TO SUGGEST ANY NEXUS BETWEEN THE APPELLANT AND THE GIF T RECEIVED BY HIS WIFE; AND THEREFORE, THERE IS NO BASIS OR JUSTIFICATION FOR T HE AO TO ADD THE SAME IN THE HANDS OF THE APPELLANT. FOR, THERE IS NO MATERIAL OR EVIDENC E ON RECORD TO SHOW THAT THE APPELLANT HAS EARNED UNACCOUNTED INCOME WHICH WAS P ASSED ON TO THE DONOR AND THEN FLEW BACK TO HIS WIFE IN THE FORM OF GIFT. IT WAS A RGUED BEFORE ME THAT THE APPELLANTS WIFE IS SEPARATELY ASSESSED TO TAX. BUT, EVEN OTHER WISE, I FIND NO MATERIAL OR EVIDENCE ON RECORD TO SHOW THAT THE GIFT RECEIVED BY HER REP RESENTED UNACCOUNTED INCOME OF THE APPELLANT. IN FACT, THERE IS NOTHING ON RECORD WHIC H COULD EVEN REMOTELY SUGGEST THAT, FIRST, THE APPELLANT HAS EARNED UNACCOUNTED INCOME ; AND, SECONDLY, THAT SUCH UNACCOUNTED INCOME WAS PASSED ON TO THE DONOR AND W AS RECEIVED BACK BY THE APPELLANTS WIFE AS GIFT. 10.3 I HAVE ALSO CALLED FOR THE ASSESSMENT RECORD AND VERIFIED THE FACTS. I FIND THAT THE DECLARATION OF GIFT AND A CERTIFICATE FROM THE INC VYSYA BANK, OPERA HOUSE BRANCH, MUMBAI, CERTIFYING THEREIN THAT CHEQU E NUMBER 235585 FOR RS.25,00,000/- IN FAVOUR OF SANJEEV JAM WAS PAID ON 09-10-2002 IN THE NRE ACCOUNT NUMBER 550010000952 OF JATIN D MEHTA, WAS ENCLOSED WITH THE RETURN; AND, WAS ALSO FILED DURING THE COURSE OF ASSESSMENT PROCEEDINGS. THE BANK STATEMENT OF THE APPELLANT WITH ABN-AMRO BANK, WHEREIN CHEQUE NUMBER 235585 FOR 4 RS.25,00,000/- WAS CREDITED ON 09-10-2002, WAS ALSO FILED. I ALSO FIND THAT THE AO HAS VERIFIED THE FACTS DIRECTLY FROM THE ING VYSYA BANK . FOR, THE AO HAS ISSUED NOTICE U/S 133(6) DATED 19-09-2005 TO THE BRANCH MANAGER A ND CALLED FOR ALL RELEVANT DETAILS, WHICH WERE SUBMITTED TO HIM BY THE BANK VIDE ITS LE TTER DATED 20-10-2005. THE BANK HAS CONFIRMED THAT NRE ACCOUNT NUMBER 550010000952 WAS MAINTAINED BY SRI JATIN D MEHTA, WHOSE FOREIGN ADDRESS IS 5/F, LANE 8, 2/1 CHINAN ROAD, SECTION 2, ROC, TAIPEI; THAT CHEQUE OF RS.25,00,000/- WAS ISSUED IN FAVOUR OF S. JAIN; AND, THAT THE CHEQUE WAS CLEARED THROUGH THE ABN-AMRO BANK. 10.4 ` I ALSO FIND FROM THE ASSESSMENT RECORD THAT THE DONOR HAS CONFIRMED THE GIFTS DIRECTLY TO THE AO, THROUGH A LETTER DATED TH E 26TH JULY, 2008, ADDRESSED TO THE INCOME TAX OFFICER, WARD-36(3), KOLKATA; WHICH IS A VAILABLE ON RECORD. THE DONOR HAS ALSO ENCLOSED TWO LETTERS DATED 27-02-2008 ADDR ESSED TO SANJEEV JAIN AND NEETA JAIN. THESE ARE THE SAME LETTERS, WHICH WERE FILED BY THE APPELLANT BEFORE THE HONBLE ITAT, AND, WHICH HAVE ALREADY BEEN RE-PRODUCED ABOV E AT PARA 7(B) AND 7(C) RESPECTIVELY. THE DONOR HAS THUS FURNISHED HIS BUSI NESS DETAILS DIRECTLY TO THE AO. FOR THE SAKE OF CONVENIENCE, AND ALSO FOR THE PURPOSES OF RECORD, THE CONTENT OF THE LETTER ADDRESSED TO THE AO IS RE-PRODUCED HEREUNDER WAILY INTERNATIONAL LTD (TAIPEI BRANCH) TEL : [phone]FL-3,85 CHUNGHSIAO E RD SEC-1 FAX: [phone] TAIPEI, TAIWAN (R.O.C.) E-MAIL:[e-mail] ET.NET FROM : JATINKUMAR-DINESHCHANDRA-MEHTA WAILEY INTERNATIONAL LTD.(TAIPEI BRANCH) 13FL-3, 85 CHUNGHSIAO E RD SEC-1 TAIPEI, TAIWAN THE INCOME TAX OFFICE 26 JULY,2008 WARD 36(3) 18, RABINDRA SARANI, PODDAR COURT KOLKATA 700001, WEST BENGAL KOLKATA RE: GIFTS TO SRI SANJEEVJAIN & NEETA JAIN SIR, 1. I AM AN INDIAN CITIZEN AND HOLD PASSPORT NO. V-1 76657. I MADE GIFT TO SRI SANJEEV JAIN & HIS WIFE SMT NEETA JAM, DETAILS WHEREOF ARE ALREADY SUBMITTED BY ME. THESE GIFTS WERE MADE BY ME OUT OF MY NRE A/C NO. 2992 MA INTAINED WITH THE VYSYA BANK, MUMBAI. 2. I AM INFORMED BY SRI SANJEEV JAIN, HUSBAND OF SM T. NEETA JAIN WHO IS SISTER OF MY WIFE SMT VEENA THAT APART FROM THE BASIC EVIDENCES REGARDING GIFTS MADE BY ME TO THEM IN FY 2002-03, FRESH/ADDITIONAL EVIDENCES THAT I SEND IN FEBRUARY, 2008 WERE SUBMITTED BY HIM TO THE TAX TRIBUNAL. I SEND TO YOU COPIES OF MY LETTERS DATED 27.02.2008 FOR YOUR RECORD. YOURS FAITHFULLY, SD/ JATINKUMAR D MEHTA END: 5 TWO LETTER DATED 27.02.2008 ADDRESSED TO SANJEEV JA IN & NEETA JAIN 10.5 I HAVE CONSIDERED THE ASSESSMENT ORDER AND TH E MATERIAL ON RECORD. I AM OF THE OPINION THAT THE APPELLANT HAS DISCHARGED HIS INITI AL ONUS OF ESTABLISHING THE IDENTITY AND CREDITWORTHINESS OF THE DONOR AND ALSO THE GENU INENESS OF THE TRANSACTIONS. THE ING VYSYA BANK HAS CONFIRMED DIRECTLY TO THE AO THA T THE DONOR WAS MAINTAINING AN NRE ACCOUNT WITH THEM, AND, THAT CHEQUE FOR RS.25,0 0,000/- IN FAVOUR OF THE APPELLANT WAS DEBITED TO THE NRE ACCOUNT. THE DONOR HAS CONFI RMED THE GIFTS, AND ALSO FURNISHED HIS BUSINESS DETAILS, DIRECTLY TO THE AO. ON THE OTHER HAND, THE AO HAS FAILED TO BRING ANY POSITIVE MATERIAL ON RECORD TO SHOW THAT THE GIFTS ARE NOT GENUINE. I ALSO FIND THAT THERE IS NO MATERIAL ON RECORD TO SU GGEST ANY NEXUS BETWEEN THE APPELLANT AND THE GIFT RECEIVED BY HIS WIFE. THE DE CISION OF THE AO IS NOT BASED ON PROPER FINDINGS. THE AO HAS MERELY RAISED DOUBTS AN D SUSPICION ABOUT THE GENUINENESS OF THE GIFTS AND FAILED TO PROPERLY ANA LYZE THE MATERIAL ON RECORD. THE EXPLANATIONS, AND ALSO THE EVIDENCES, SUBMITTED BY THE APPELLANT SEEMS TO HAVE BEEN SUMMARILY REJECTED MORE ON GROUND OF PRESUMPTION AN D SUSPICION THAN ON FACTUAL GROUND. AN ASSESSMENT HAS TO BE COMPLETED BY THE AO ON THE BASIS OF THE MATERIAL ON RECORD. PRESUMPTION AND SUSPICION SHOULD NOT LEAD H IM TO A STATE OF AFFAIRS WHERE SALIENT EVIDENCES ARE OVERLOOKED. IN THE PRESENT CA SE, THE TRANSACTIONS OF THE APPELLANT ARE EVIDENCED, SUPPORTED AND DOCUMENTED. THERE IS N O MATERIAL OR EVIDENCE ON RECORD TO SUGGEST THAT THE APPELLANT EARNED UNACCOUNTED IN COME WHICH WAS PASSED ON TO THE DONOR AND THEN FLEW BACK TO HIM IN THE FORM OF GIFT S. THE AQO HAS ALSO BROUGHT NO MATERIAL ON RECORD WHICH MIGHT CAST ANY DOUBT ON TH E GENUINENESS OF THE GIFTS OR ESTABLISH THAT THE PURPORTED TRANSACTIONS OF GIFTS WERE OTHERWISE TRANSACTIONS OF MONEY LAUNDERING. THE LEGAL PRONOUNCEMENTS REFERRED BY TH E AO ARE CLEARLY DISTINGUISHABLE ON FACTS, AND, ARE NOT APPLICABLE IN THE CASE OF TH E APPELLANT. 10.6. IN VIEW OF THE ABOVE, I AM OF THE CONSIDERED VIEW THAT THERE IS NO JUSTIFICATION FOR THE AO TO ADD THE GIFTS AS INCOME FROM UNDISCLO SED SOURCES. THE ADDITION MADE BY THE AO IS ARBITRARY AND WITHOUT ANY BASIS, AND, IS ALSO CONTRARY TO THE MATERIAL AND EVIDENCE AVAILABLE ON RECORD. THE ADDITION IS NOT S USTAINABLE IN THE EYES OF LAW, AND, ALSO ON FACTS. THE ADDITION OF RS.48,00,000/- IS TH EREFORE DIRECTED TO BE DELETED. THE GROUNDS RAISED BY THE APPELLANT ARE LIABLE TO BE AL LOWED. 3.2. AGGRIEVED BY THIS THE REVENUE IS IN APPEAL BEF ORE US. 4. AT THE TIME OF HEARING THE LD. DR APPEARING ON B EHALF OF THE REVENUE RELIED ON THE ORDERS OF AO AND FURTHER CONTENDED THAT THE EVI DENCES CALLED BY AO ARE NOT FILED BY ASSESSEE TO ESTABLISH THE CREDITWORTHINESS OF TH E DONOR. THEREFORE HE REQUESTED TO SET ASIDE THE ORDERS OF LD. CIT(A) AND RESTORE THAT OF AO. 5. ON THE OTHER HAND, THE LD. COUNSEL APPEARING ON BEHALF OF ASSESSEE HAS RELIED ON ORDERS OF LD. CIT(A) AND FURTHER BY REFERRING TO TH E DOCUMENTS NAMELY (I) COPY OF LETTER DATED 26 TH JULY, 2008 ADDRESSED TO THE INCOME TAX OFFICER WAR D 36(3), KOLKATA BY JATIN KUMAR DINESH CHANDRA MEHTA, WAILY INTERNAT IONAL LTD. (TAIPEI BRANCH), 13 6 FL-3, 85, CHUNGHSIAO E ROAD, SEC-1, TAIPEI, TAIWAN WITH ENCLOSURES, (II) CERTIFICATE DATED 27.01.2003 ISSUED BY VYSYA BANK LTD. REGARDIN G CHEQUE OF RS.25,00,000/- AND (III) COPY OF DECLARATION OF GIFT MADE BY JATIN KR. DINESH CHANDRA MEHTA WHICH ARE PLACED AT PAGES 4 TO 13 OF THE PAPER BOOK, CONTENDE D THAT ASSESSEE HAS DISCHARGED THE INITIAL ONUS OF THE IDENTITY, GENUINENESS AS WELL A S CREDITWORTHINESS OF THE DONOR. THEREFORE, HE REQUESTED TO UPHELD THE ORDER OF LD. CIT(A). 6. AFTER HEARING THE RIVAL SUBMISSIONS AND ON CAREF UL PERUSAL OF MATERIALS AVAILABLE ON RECORD, IT IS OBSERVED THIS TRIBUNAL I N ITS ORDER DATED 20 TH MARCH, 2008 HAS DIRECTED AO TO EXAMINE THE DOCUMENTS FILED BEFORE T HE TRIBUNAL. ASSESSEE FILED ONE E-MAIL MESSAGE FAX COPY GIVING THE DETAILS OF THE T URNOVER OF THE DONORS COMPANY STATED TO HAVE BEEN TRADING IN DIAMOND. THE SAID FA X MESSAGE CONTAINS THE DETAILED TURNOVER FOR THE FINANCIAL YEAR ENDING 2004-05, 200 6-07. ON A PERUSAL OF THE NEW DOCUMENT FILED BEFORE US IT HAS BEEN DEEMED PROPER TO SET ASIDE THE ORDER AND RESTORE THE MATTER BACK TO THE FILE OF THE AO TO EXAMINE TH E SAME. HOWEVER, WITHOUT COMMENTING ON THE DOCUMENTS FILED BY ASSESSEE AS RE FERRED IN THE TRIBUNALS ORDER AO IS STILL INSISTING ON ASSESSEE TO PRODUCE COPIES OF THE TAX RETURNS OF SHRI MEHTA, EVIDENCE OF THE FACT THAT OUTGOINGS OF RS.48 LAKHS AND TO PRODUCE THE INCOME OF MR.JATIN MEHTA DURING THE YEAR AND IMMEDIATELY PREC EDING YEARS. IN OUR CONSIDERED OPINION IT IS NOT PROPER ON THE PART OF AO TO DOUBT THE CREDITWORTHINESS OF THE DONOR WITHOUT POINTING OUT THE DEFECTS IN THE DOCUMENTS S UBMITTED BEFORE THE TRIBUNAL ON THE BASIS OF WHICH THE TRIBUNAL HAS SET ASIDE THE MATTE R TO THE FILE OF AO BY FURTHER INSISTING THE ADDITIONAL DOCUMENTS. ON THE OTHER HA ND, LD. CIT HAS RIGHTLY DELETED THE ADDITION FOR THE REASONS MENTIONED IN PARAGRAPHS 10 TO 10.5 BASED ON THE LETTER OF THE DONOR SHRI JATIN MEHTA ADDRESSED TO AO ON 26.07.200 8. KEEPING IN VIEW OF THE ABOVE WE FIND NO INFIRMITY IN THE ORDERS OF LD. CIT(A) TO BE INTERFERED WITH AND CONFIRM THE SAME. 7 7. IN THE RESULT THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 16.09.2011. SD/- SD/- , , , , MAHAVIR SINGH, JUDICIAL MEMBER . .. .!' !'!' !'. .. . , ,, , #$ #$ #$ #$ , C.D.RAO, ACCOUNTANT MEMBER. ( (( ('$ '$ '$ '$) )) ) DATE: 16.09.2011. #2 0 .3 4#3(5- COPY OF THE ORDER FORWARDED TO: 1. SANJEEV JAIN, 22, BRABOURNE ROAD, KOLKATA-700001. 2 THE I.T.O., WARD-36(3), KOLKATA 3. THE CIT, 4. THE CIT(A)-XX, KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA /3 ./ TRUE COPY, #2&:/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES R.G.(.P.S.)