Sona Chand Boyed, Hooghly V. ACIT, Circle-46, Kolkata, Kolkata

ITSSA 155/KOL/2016

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 3880 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 30-08-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 22-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K TIWARI
• Keywords: Search and seizure; Source of fund
• Section: 69

Judgement Text

IT(SS)A. NOS.155 & 156/KOL/2016 SONA CHAND BOYED A. Y.2009-10 & 2010-11 1 IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH D KOL KATA [BEFORE HONBLE SHRI J.SUDHAKAR REDDY, AM & SHRI A.T.VARKEY, JM] IT(SS)A NOS.155 & 156/KOL/2016 ASSESSMENT YEARS : 2009-10 & 2010-11 SONA CHAND BOYED . -VERSUS- A.C.I.T., CIRCL E-46, KOLKATA KOLKATA (PAN: ADPPB9308L) (APPELLANT) (RESPONDENT) FOR THE APPELLANT: SHRI SOMNATH GHOSH, ADVOCATE FOR THE RESPONDENT: SHRI A.K.TIWARI, CIT(DR) DATE OF HEARING :1.08.2018. DATE OF PRONOUNCEMENT : 30.08.2018. ORDER PER J.SUDHAKAR REDDY, AM: BOTH THESE APPEALS ARE FILED BY THE ASSESSEE DIRECT ED AGAINST SEPARATE IDENTICAL ORDERS OF THE COMMISSIONER OF INCOME TAX-(A)-14 DAT ED 28.10.2016 PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT ) RELATING T O A.Y. 2009-10 & 2010-11. AS THE ISSUES ARISING IN BOTH THE APPEALS ARE COMMON FOR T HE SAKE OF CONVENIENCE THEY ARE HEARD TOGETHER AND DISPOSED OFF BY WAY OF A COMMON ORDER. 2. FACTS IN BRIEF ARE THAT THE ASSESSEE IS PART OF BOTHRA AND SONA CHAND GROUP OF COMPANIES. THERE WAS A SEARCH AND SEIZURE OPERATION ON THE ASSESSEE ON 02.11.2010. DURING THE COURSE OF SEARCH A SMALL POCKET DIARY MA RKED AS ANNEXURE-SCB/2 WAS FOUND AND SEIZED. THESE DOCUMENTS CONTAIN DETAILS O F CERTAIN AMOUNTS PAID TO SK.SALIM ON DIFFERENT DATES DURING THE F.Y.2008-09 AND 2009-10. THE ASSESSEE SUBMITTED THAT THE PAYMENTS IN QUESTION WERE FOR RE NOVATION EXPENSES CARRIED OUT AT THE RESIDENTIAL PREMISES OF THE ASSESSEE AT SALKIA, HOWRAH. THE ASSESSEE EXPLAINED THAT THE SOURCE OF INVESTMENTS FOR THE ABOVE RENOVATION WAS DRAWINGS ON DIFFERENT DATES OF THE ASSESSEE, BOTH DURING THE CURRENT YEAR AS WELL AS THE EARLIER ASSESSMENT YEARS. THE AO WAS NOT CONVINCED ON THE GROUND THAT THE ASSESSE E FAILED TO EXPLAIN THE SOURCE OF IT(SS)A. NOS.155 & 156/KOL/2016 SONA CHAND BOYED A. Y.2009-10 & 2010-11 2 FUNDS MADE AND MADE ADDITION U/S 69 OF THE ACT. AGG RIEVED THE ASSESEE CARRIED THE MATTER TO THE CIT(A) WITHOUT SUCCESS. FURTHER AGGRI EVED THE ASSESSEE IS BEFORE US. 3. WE HAVE HEARD RIVAL CONTENTIONS. THE ENTIRE SEAR CH ON THE PREMISES OF THE ASSESSEE HAS LED TO SMALL ADDITION OF RS.,1,65,000/ - FOR A.Y.2009-10 AND RS.1,70,000/- FOR A.Y.2010-11. THE ADDITION IS MADE ON THE GROUND THAT CERTAIN PETTY EXPENDITURE HAS BEEN INCURRED FOR THE RENOVATION OF THE RESIDEN TIAL PREMISES OF THE ASSESSEE AND THE SOURCE OF SUCH EXPENDITURE IS NOT GOOD. THE ASSESSE E SUBMITTED THAT DETAIL CHART OF THE DRAWINGS OF EACH AND EVERY FAMILY MEMBER WHICH COME S TO RS.14,63,360/- FROM A.Y.2004-05 TO 2009-10. IN MY VIEW THE ASSESSEE HAS EXPLAINED THE SOURCE OF FUNDS, FOR INCURRING OF THE SAID EXPENDITURE ON THE RENOVA TION OF THE RESIDENTIAL PREMISES. THIS CANNOT CONSTITUTE BLACK MONEY OR UNDISCLOSED I NCOME HELD BY THE ASSESSEE. THUS I DELETE BOTH THE ADDITIONS FOR BOTH THE ASSESSMENT YEARS 2009-2010 AND 2010-11 AND ALLOW BOTH THE APPEALS OF THE ASSESSEE. 4. IN THE RESULT BOTH THE APPEALS OF THE ASSESSEE A RE ALLOWED. O RDER PRONOUNCED IN THE COURT ON 30.08.2018. SD/- SD/- [A.T.VARKEY] [ J.SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED :30.08.2018. [RG SR.PS] COPY OF THE ORDER FORWARDED TO: 1.SONA CHAND BOYED, C/O S.N.GHOSH & ASSOCIATES, ADV OCATES, SEBEN BROTHETRSLODGE, P.O.BUROSHIBTALA, P.S.CHINSURAH, DIST. HOOGHLY. PIN.712105. 2. A.C.I.T., CIRCLE-46, KOLKATA. 3. C.I.T.(A)- 14, KOLKATA 4. C.I.T-16, KOLKA TA 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER, SENIOR PRIVATE SECRETARY HEAD OF OFFICE/D.D.O, ITAT KOLKATA BENCHES IT(SS)A. NOS.155 & 156/KOL/2016 SONA CHAND BOYED A. Y.2009-10 & 2010-11 3