Smt. Ranjana Sharma, Bhopal V. The ACIT 1(2), Bhopal

ITSSA 33/IND/2013

• Counselvise Citation: [2013] 121 COUNSELVISE.COM (IT) 9167 (ITAT-INDORE)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 21-05-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 06-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R A VERMA

Judgement Text

1 INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI R.C. SHARMA, ACCOUNTANT MEMBER IT(SS)A NOS. 32 & 33/IND/2013 A.YS. 2004-05 & 2005-06 SMT. RANJANA SHARMA BHOPAL PAN BCOPS9824F :: APPELLANT VS ASSTT. COMMISSIONER OF INCOME TAX 1(2) BHOPAL :: RESPONDENT APPELLANT BY SHRI H.P. VERMA ALONG WITH SAKSHI VERMA RESPONDENT BY SHRI R.A. VERMA DATE OF HEARING 21.05.2013 DATE OF PRONOUNCEMENT 21.05.2013 2 O R D E R PER JOGINDER SINGH, JUDICIAL MEMBER BOTH THESE APPEALS ARE BY THE ASSESSEE FOR DIFFERENT ASSESSMENT YEARS CHALLENGING THE ORDERS BOTH DATED 10 TH DECEMBER, 2012 OF THE LEARNED CIT(A), BHOPAL, ON TH E GROUND THAT THE INVESTMENT FOR PURCHASE OF PLOTS WAS MADE BY THE HUSBAND OF THE ASSESSEE (SHRI RAMNATH SHARMA), THEREFORE, NO ADDITION IS REQUIRED TO BE MADE IN THE H ANDS OF THE PRESENT ASSESSEE. 2. DURING HEARING, WE HAVE HEARD SHRI H.P. VERMA ALONG WITH MS. SAKSHI VERMA, LEARNED COUNSEL FOR THE ASSESSEE , AND SHRI R.A. VERMA, LEARNED SENIOR DR. THE CRUX OF ARGUMENTS ON BEHALF OF THE ASSESSEE IS THAT THE ASSESSE E DID NOT INVEST ANYTHING FOR PURCHASING THE PLOTS, RATH ER THE INVESTMENT WAS MADE BY THE HUSBAND OF THE ASSESSEE WHO EVEN IN STATEMENT RECORDED U/S 132(4) OF THE ACT ON 16.9.2005 ADMITTED THE INVESTMENT BY HIM OUT OF 3 UNDISCLOSED INCOME. OUR ATTENTION WAS INVITED TO THE CONFIRMATION LETTER DATED 5 TH FEBRUARY, 2009 (PAGE 3 OF THE PAPER BOOK) WHEREIN IT HAS BEEN CONFIRMED BY THE HUS BAND OF THE ASSESSEE THAT HE PURCHASED PLOT NOS. 252, 183 AN D 162 IN THE NAME OF HIS WIFE I.E. THE ASSESSEE FROM H IS OWN SOURCES AND HE IS AN INCOME TAX ASSESSEE. EVEN AS PER BALANCE SHEET OF RAMNATH FILED BEFORE THE LOWER AUTHORIT IES, ALL THESE THREE PLOTS, NAMELY, PLOT NOS. 162, 183 AND 252, WERE REFLECTED AS HIS ASSETS. IN VIEW OF THESE UNCONTROVERTED FACTS, WE DIRECT THE ASSESSING OFFICE R TO CONSIDER THE SUBSTANTIAL ADDITION IN THE CASE OF THE HUSBAND OF THE ASSESSEE, SHRI RAMNATH, AND NO ADDITION I S REQUIRED TO BE MADE IN THE CASE OF THE ASSESSEE. 3. SO FAR AS THE ADDITION FOR THE A.Y. 2005-06 IS CONCERNED, THE LEARNED COUNSEL FOR THE ASSESSEE CONTE NDED THAT THE FACTS ARE EXACTLY IDENTICAL WITH THE A.Y. 2004- 05 AND THE SAME VIEW MAY BE TAKEN. IN THIS APPEAL ALSO, O UR 4 ATTENTION WAS INVITED TO THE STATEMENT RECORDED U/S 13 2(4) OF SHRI RAMNATH SHARMA WHEREIN HE HAS CLEARLY TENDERED THAT IT WAS HIS UNDISCLOSED INCOME WHICH CAN BE TAXED IN HIS HANDS. IN VIEW OF THESE FACTS, OUR ABOVE DIRECTION (CONTAINED IN A.Y. 2004-05) WILL BE APPLICABLE TO THIS APPEAL ALSO. THE SUBSTANTIVE ADDITION MAY BE CONSIDERED BY TH E LEARNED ASSESSING OFFICER IN THE HANDS OF HUSBAND OF T HE ASSESSEE AND THE ADDITION IN THE HANDS OF THE ASSESSEE I S DIRECTED TO BE DELETED. FINALLY, BOTH THESE APPEALS OF THE ASSESSEE ARE ALLOWED IN TERMS INDICATED HEREINABOVE. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT TH E CONCLUSION OF THE HEARING ON 21.5.2013. SD/- SD/- (R.C.SHARMA) (JOGINDER SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER 5 DATED: 21.05.3.2013 COPY TO: APPELLANT, RESPONDENT, CIT, CIT(A), DR, GU ARD FILE DN/-21.21.2222