SHRI AMIT AGARWAL, JAIPUR V. INCOME TAX OFFICER, WARD-4-2, JAIPUR

ITA 908/JPR/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7107 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-08-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 26-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANCHAL MEENA CIT DHK
• Keywords: Unexplained investment; Gift; Set aside
• Section: 148

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCH VC A, JAIPUR JH FOT; IKY JKWO] U;KF;D LNL; ,O A JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA-@ ITA NO. 908/JP/2019 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2010-11. AMIT AGARWAL C/O R.S. POONIA, 611, FIFTH FLOOR, APEX MALL, LAL KOTHI, TONK ROAD, JAIPUR. CUKE VS. THE INCOME TAX OFFICER, WARD 4(2), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AMRPA 3762 E VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : NONE JKTLO DH VKSJ LS@ REVENUE BY : MS CHANCHAL MEENA (ADDL.CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 18.08.2020. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 20/08/2020. VKNS'K@ ORDER PER VIJAY PAL RAO, JM : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER DATED 23 RD APRIL, 2019 OF LD. CIT (A)-2, JAIPUR FOR THE ASSESSMENT YE AR 2010-11. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS :- 1. UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE NOTICE ISSUED U/S 148 IS ILLEGAL AND BAD IN LAW, KINDLY QUASH THE ENTIRE PRO CEEDINGS. 2. UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE TH E LD. CIT (APPEALS) HAS ERRED IN LAW AND FACTS IN CONFIRMING THE ADDITI ON OF RS. 5,00,000/-. KINDLY DELETE THE ENTIRE ADDITION OF RS. 5,00,000/- . 3. UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE TH E LD. CIT (APPEALS) HAS ERRED IN LAW AND FACTS IN CONFIRMING THE ADDITI ON OF RS. 68,000/-. KINDLY DELETE THE ENTIRE ADDITION OF RS. 68,000/-. 2 ITA NO. 908/JP/2019. SHRI AMIT AGARWAL, JAIPUR. 4. THE APPELLANT CRAVES LEAVE TO ADD, TO ALTER, AME ND, MODIFY, SUBSTITUTE, DELETE AND/OR RESCIND ALL OR ANY OF THE GROUNDS OF APPEAL ON OR BEFORE THE FINAL HEARING, IF NECESSITY SO ARISES. 2. NONE HAS APPEARED ON BEHALF OF THE ASSESSEE WHEN THIS APPEAL WAS CALLED FOR HEARING THROUGH VIDEO CONFERENCE DUE TO PREVAILING CONDITION OF COVID 19 PANDEMIC. THE ASSESSEE HAS REQUESTED THROUGH E-MAI L COMMUNICATION FOR ADJOURNMENT OF THE HEARING ON THE GROUND THAT THE A SSESSEE WISH TO OPT FOR VIVAD SE VISHWAS SCHEME. 3. WE HAVE HEARD THE LD. D/R AND CAREFULLY PERUSED THE IMPUGNED ORDERS PASSED BY THE AO AS WELL AS THE LD. CIT (A). THE AO HAS MA DE THE ADDITION ON ACCOUNT OF UNEXPLAINED INVESTMENT IN FDR OF RS. 5,00,000/- AFT ER REJECTING THE EXPLANATION OF THE ASSESSEE THAT THE SAID AMOUNT WAS RECEIVED BY T HE ASSESSEE AS GIFT FROM HIS MOTHER. THE LD. CIT (A) HAS CONFIRMED THE ADDITION MADE BY THE AO ON THE GROUND THAT DUE TO THE GAP OF 2 YEARS BETWEEN THE PROPERTY SOLD BY THE MOTHER AND ALLEGED GIFT RECEIVED BY THE ASSESSEE THE EXPLANATION IS NO T JUSTIFIED. SINCE THE ASSESSEE HAS CLAIMED THE SOURCE OF DEPOSIT AS FDR AS GIFT RECEIV ED FROM THE MOTHER AND ALSO PRODUCED THE EVIDENCE FOR SALE OF PROPERTY BY THE M OTHER, THEREFORE, THE GAP OF 2 YEARS IS REQUIRED TO BE EXPLAINED BY THE ASSESSEE. ACCORDINGLY, IN THE FACTS AND CIRCUMSTANCES OF THE CASE, WHEN THE ASSESSEE INTEND S TO OPT FOR VIVAD SE VISHWAS SCHEME, WE SET ASIDE THE IMPUGNED ORDER OF THE LD. CIT (A) AND REMAND THE MATTER TO THE RECORD OF THE LD. CIT (A) FOR GRANTING ONE M ORE OPPORTUNITY TO THE ASSESSEE TO EXPLAIN THE GAP OF 2 YEARS BETWEEN THE SALE OF PROP ERTY BY THE MOTHER AND GIFT GIVEN 3 ITA NO. 908/JP/2019. SHRI AMIT AGARWAL, JAIPUR. TO THE ASSESSEE. STATUS OF THE ASSESSEES APPEAL W ILL REMAIN PENDING BEFORE THE LD. CIT (A) AS AGAINST BEFORE THIS TRIBUNAL, THEREFORE, THE ASSESSEE MAY OPT FOR THE VIVAD SE VISHWAS SCHEME, IF SO DESIRED. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 20/08/2 020. SD/- SD/- ( FOE FLAG ;KNO ) ( FOT; IKY JKWO (VIKRAM SINGH YADAV ) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 20/08/2020. DAS/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- SHRI AMIT AGARWAL, JAIPUR. 2. THE RESPONDENT THE ITO WARD 4(2), JAIPUR. 3. THE CIT(A). 4. THE CIT, 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 908/JP/2019) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR