VUPPULA MALLESWARI, TIRUVALLUR V. ITO,WARD 2, TIRUVALLUR

ITA 95/CHNY/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 5988 (ITAT-CHENNAI)
• Duration Of Justice: 11 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 08-04-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MALVI J. SHETH LD
• Section: 143(3)

Judgement Text

आयकर अपीलीय अिधकरण ‘बी’ ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI माननीय +ी महावीर िसंह, उपा12 एवं माननीय +ी मनोज कु मार अ7वाल ,लेखा सद: के सम2। BEFORE HON’BLE SHRI MAHAVIR SINGH, VICE PRESIDENT AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ITA No.95/Chny/2021 (िनधाCरणवषC / Assessment Year: 2013-14) Smt. Vuppula Malleswari Old No.6, New No.9, Dr. Radhakrishnan Road, Tiruttani, Tiruvallur – 602 001. बनाम/ V s. ITO Ward-2, Tiruvallur. थायीलेखासं./जीआइआरसं./P AN /GI R No. AAM P M -5 4 9 0 -J (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ कीओरसे/ Appellant by : Ms. Malvi J. Sheth (CA) – Ld. A.R थ कीओरसे/Respondent by : Shri G. Johnson (Addl.CIT) – Ld DR सुनवाईकीतारीख/ Date of Hearing : 28-03-2022 घोषणाकीतारीख / Date of Pronouncement : 28-03-2022 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2013-14 arises out of the order of learned Commissioner of Income Tax (Appeals)-7, Chennai [CIT(A)] dated 27.06.2019 in the matter of assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) r.w.s. 147 of the Act on 27.12.2018. In the appeal, the assessee is aggrieved by confirmation of addition of Rs.4 Lacs. ITA No. 95/Chny/2021 - 2 - 2. The registry has noted a delay of 562 days in the appeal, the condonation of which has been sought by the assessee on the strength of condonation application which is accompanied by the affidavit of the assessee. It has been submitted that the assessee preferred rectification application against the order of learned first appellate authority. The status of the same was unknown and there was no communication against rectification application. Ultimately, the application was withdrawn on 01/02/2021 and the appeal was preferred before Tribunal. The Ld. AR submitted that there was a reasonable cause and due to circumstances beyond the control of the assessee and the delay was neither intentional nor willful. Though Ld. Sr. DR opposed the admission of the appeal, however, keeping in view the contents of the condonation petition and affidavit of the assessee, we condone the delay and admit the appeal for adjudication on merits. 3. Upon perusal of assessment order, it could be seen that the case was reopened for the year on the allegation that the assessee purchased certain immoveable property during the year, part of which was funded out of loan from Corporation Bank whereas there was no explanation to the extent of balance Rs.68.67 Lacs. After considering assessee’s submissions and documentary evidences including confirmation letters, it was noted that the assessee received sum of Rs.9 Lacs from her husband Shri V. Ramchandrath and the same was received in her son’s (joint owner of the property) bank account. In the confirmation letter, the husband submitted that loan of Rs.7 Lacs was taken from Shri K. Lakshmipati and as such he paid an amount of Rs.6,55,200/- vide DD No.544227 after deducting interest in advance. However, Ld. AO did not fully accept the explanation and held that the explanation was ITA No. 95/Chny/2021 - 3 - acceptable only to the extent of Rs.5 Lacs but the balance Rs.4 Lacs was to be added to the income of the assessee. The stand of Ld. AO, upon confirmation by Ld. CIT(A), is in further challenge before us. 4. Upon careful consideration of material fact, we find that the assessee had sourced the investment partly out of loan taken from her husband. The husband has duly confirmed the same and also explained that he had taken loan of Rs.7 Lacs and the net amount was received from the lender through banking channels. The Ld. AO, disregarding the same, accepted explanation partially and added the amount of Rs.4 Lacs to the income of the assessee. We are of the opinion that once the assessee has discharged the onus establishing the source of credits and also filed confirmation letter, there was no basis to make the impugned additions. There is no adverse material or allegation against the assessee. Therefore, the impugned additions do not have any legs to stand. By deleting the same, we allow the corresponding grounds raised by the assessee. No other arguments have been urged before us during the course of hearing. 5. The appeal stand allowed in terms of our above order. Order pronounced on 28 th March, 2022. Sd/- (MAHAVIR SINGH) उपा12 /VICE PRESIDENT Sd/- (MANOJ KUMAR AGGARWAL) लेखा सद: /ACCOUNTANT MEMBER चे*ई/ Chennai; िदनांक/ Dated : 28-03-2022 EDN/- आदेशकीVितिलिपअ7ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant2. यथ /Respondent 3. आयकरआयु (अपील)/CIT(A)4. आयकरआयु /CIT 5. िवभागीय ितिनिध/DR6. गाड फाईल/GF