Smt. Radhadevi Chandak, V. The ACIT, 1(1),

ITSSA 104/IND/2006

• Counselvise Citation: [2015] 122 COUNSELVISE.COM (IT) 1005 (ITAT-INDORE)
• Duration Of Justice: 8 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 11-08-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: Not Allotted
• Next Hearing Date: 23-07-2015
• Assessment Year: misc
• Appeal Filed On: 18-12-2006
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R VARSHNEY
• Assessee Lawyers: N D PATWA

Judgement Text

SMT. RADHADEVI ITA NO. 104/IND.2006 1 IN THE INCOME TAX APPELLATE TRIBUNA L INDORE BENCH, INDORE BEFORE SHRI D.T. GARASIA, HONBLE JUDICIAL MEMBER AND SHRI B.C. MEENA, HONBLE ACCOUNTANT MEMBER IT(SS)A NO. 104/IND/2006 BLOCK PERIOD 1.4.1996 TO 13.12.2002 SMT. RADHADEVI CHANDAK BHOPAL PAN AECPC 9067P ::: APPELLANT VS ASSTT.COMMR. OF INCOME TAX 1(1) BHOPAL ::: RESPONDENT APPELLANT BY SHRI ASHISH GOYAL AND SHRI N.D. PATWA RESPONDENT BY SHRI R. VARSHNEY DATE OF HEARING 23.7.2015 DATE OF PRONOUNCEMENT 11 . 8 .2015 O R D E R PER SHRI B.C. MEENA, AM THIS APPEAL FILED BY THE ASSESSEEE EMANATES FROM THE ORDER OF THE LEARNED CIT(A)-I, BHOPAL DATED 25.9.2 006. SMT. RADHADEVI ITA NO. 104/IND.2006 2 2. IN THIS CASE, ASSESSMENT U/S 158BC WAS COMPLETED. THERE WERE TWO JOINT BANK ACCOUNTS OF ASSESSEE WITH RAMADEVI WITH CENTRAL BANK OF INDIA, UDAIPURA. CASH WAS DEPOSITED IN THE SAVINGS BANK ACCOUNT NO. 7243 AND TERM LOAN ACCOUNT NO. T90 WITH CENTRAL BANK, UDAIPURA OF RS.4,46,698/-. THE SAME WAS TREATED AS UNACCOUNTED. 50% OF THE CASH DEPOSITS WAS ADDED TO THE INCOME OF TH E ASSESSEE AND BALANCE 50% WAS ADDED IN THE HANDS OF JOINT HOLDER SMT. RAMADEVI. THE LEARNED CIT(A) CONFIRMED T HE ADDITION. 3. THE ASSESSEE WENT IN APPEAL UP TO THE HON'BLE HIGH COURT AND THE HON'BLE HIGH COURT REMANDED THE ISSUE T O ITAT FOR RECONSIDERATION IN VIEW OF THE DECISION IN THE CASE OF CO-ACCOUNT HOLDER WHEREIN RS. 51,000/- BEING 50% OF THE DEPOSIT IN THE BANK ACCOUNT WAS HELD TO BE PRIOR TO THE BLOCK PERIOD. SMT. RADHADEVI ITA NO. 104/IND.2006 3 4. BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE PLEADED THAT IN THE ASSESSEES CASE ALSO THIS AMOUNT SHOU LD BE REDUCED. THE LEARNED DR DREW OUR ATTENTION TO THE DECISION OF ITAT IN THE CASE OF RAMADEVI WHEREIN RELI EF HAS BEEN GRANTED UPTO 50% BUT THE ISSUE OF DEPOSIT OUT O F BLOCK PERIOD WAS NOT CONSIDERED. THE DR SUBMITTED A WORKING WHICH IS REPRODUCED AS UNDER :- DATE OF CREDIT CREDIT AMOUNT NAME OF THE BANK ACCOU NT NO. 13.06.1997 36,000/- CENTRAL BANK OF INDIA, UDAIPURA T-90 19.06.1998 54,000/- CENTRAL BANK OF INDIA, UDAIPURA T-90 07.06.1999 50,300/- CENTRAL BANK OF INDIA, UDAIPURA T-90 03.06.2000 1,51,098/- CENTRAL BANK OF INDIA, UDAIPURA T-90 30.01.1996 1,00,000/- CENTRAL BANK OF INDIA, UDAIPURA 7243 06.02.1996 2,000/- CENTRAL BANK OF INDIA, UDAIPURA 7243 07.01.1997 13,300/- CENTRAL BANK OF INDIA, UDAIPURA 7243 11.01.2001 40,000/- CENTRAL BANK OF INDIA, UDAIPURA 7243 TOTAL 4,46,698/- TOTAL CASH DEPOSIT 4,46,698/- LESS: DEPOSIT MADE ON 30.01.1996 & ON 06.02.1996 IE BEFORE THE BLOCK PERIOD 1,02,000/- TOTAL AMOUNT OF UNEXPLAINED DEPOSIT IN JOINT BANK ACCOUNT 3,44,698/- 50% OF THIS AMOUNT RELATES TO RADHADEVI 1,77,349/- LESS: RELIEF ALLOWED 50% OF SUCH DEPOSIT BY THE HON 'BLE ITAT IN ORIGINAL ORDER 86,174/- BALANCE AMOUNT 86,174/- SMT. RADHADEVI ITA NO. 104/IND.2006 4 5. AFTER HEARING BOTH THE SIDES, WE ORDER AS UNDER :- OUT OF THE TOTAL UNACCOUNTED CASH ADDED TO THE INCOME OF BOTH THE ASSESSES OF RS. 4,46,698/-, FIRST THE AMOUNT OF RS. 1,02,000/- SHALL BE REDUCED AND FROM THE BALANCE AMOUNT, 50% OF 50% SHALL BE TREATED AS INCOME OF THE ASSESSEE. THE AMOUNT COMES TO RS.86,174/-. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. PRONOUNCED IN OPEN COURT ON 11 TH AUGUST, 2015 SD/- SD/- (D.T. GARASIA) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER 11 TH AUGUST, 2015 DN/- SMT. RADHADEVI ITA NO. 104/IND.2006 5