Shri Ramesh C. Patel, Mehsana V. The Dy. CIT, Central Circle-1(2), Ahmedabad

ITSSA 365/AHD/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1447 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 24 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 22-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 28-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: G C PIPARA
• Keywords: Income from undisclosed sources; Corroborative evidences; Set aside
• Section: 69A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER) IT(SS)A. NO: 365/AHD/2017 (ASSESSMENT YEAR: 2012-13) SHRI RAMESH C. PATEL 67, SARDAR PATEL SOCIETY, BHAVANPURA, KADI, MEHSANA V/S THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), AHMEDABAD (APPELLANT) (RESPONDENT) PAN: ABRPP7847A APPELLANT BY : SHRI G. C. PIPARA, AR RESPONDENT BY : SHRI ALOK SINGH, CIT D.R. ( )/ ORDER DATE OF HEARING : 01 -04-201 9 DATE OF PRONOUNCEMENT : 22 -05-2019 PER MAHAVIR PRASAD, JUDICIAL MEMBER 1. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE LD. CIT(A)-11, AHMEDABAD DATED 30.05.2017 PERTAINING TO A.Y. 2012-13 AND FOLLOWING GROUNDS HAVE BEEN TAKEN: IT(SS)A NO. 365/AHD/2017 . A.Y. 2012-13 2 1.THE LEARNED CIT(A) HAS ERRED IN LAW AND ON FACTS IN CONFIRMING THE ADDITION OF RS.6,68,000/- ON ACCOUNT OF UNEXPLAINED INCOME U/S. 69A OF THE ACT BEING CASH FOUND DURING THE COURSE OF SEARCH FROM THE RESIDENC E PREMISES OF THE APPELLANT REJECTING THE EXPLANATION OF THE APPELLANT MERELY O N SURMISES AND WITHOUT PROPER CONSIDERATION AND APPRECIATION OF THE FACTS OF THE CASE. IN VIEW OF THE FACTS AND SUBMISSION FILED, THE IMPUGNED ADDITION OF RS. 6,68 ,000/- REQUIRES TO BE DELETED. 2.THE LEARNED CIT(A) HAS ERRED IN OBSERVING THAT TH E ASSESSEE DID NOT PROVE WITH SUPPORTING EVIDENCE THAT THE CASH FOUND WAS NOT FRO M UNDISCLOSED SOURCES WHILE COMPLETELY IGNORING THE FACTS STATED IN GROUND OF A PPEAL NO. 1, WHICH INTERALIA, CLEARLY MENTIONS THAT THE CASH OF RS.5,04,150/- WAS ALREADY DISCLOSED BY APPELLANT'S SON ANKIT PATEL AND CASH OF RS.1,63,850 /- WAS AS PER CASH ON HAND BALANCE IN THE BOOKS OF ACCOUNT MAINTAINED BY THE A PPELLANT. THUS, THE ADDITION OF RS.6,68,000/-ONCE AGAIN IS WHOLLY UNJUSTIFIED, B AD IN LAW AND BEING CONTRARY TO FACTS, THE IMPUGNED ADDITION OF RS.6,68,000/- REQUI RES TO BE DELETED. 2. THE APPELLANT HAD FILED ITR FOR THE ASSESSMENT YEAR 2012-13 DECLARING THE TOTAL INCOME OF RS. 20,79,300/-. AND A SEARCH WAS C ARRIED OUT AT THE RESIDENCE PREMISES OF THE ASSESSEE AND CASH OF RS. 6,68,000/- FOUND FROM THE RESIDENCE OF APPELLANT. AND OUT OF ABOVE CASH RS. 4,00,000/- WAS SEIZED FROM THE RESIDENCE OF THE ASSESSEE. IN REPLY THE SEARCH PART Y, THE APPELLANT STATED THAT RS. 5,04,150/- BELONG TO MR. ANKIT R. PATEL WHO IS PROP RIETOR OF M/S. TIRUPATI MARBLES AND SAID CASH OF ANKIT R. PATEL BELONG TO H IM. APPELLANT IS FATHER OF MR. A. R. PATEL. IN HIS STATEMENT, A.R. PATEL STAT ED THAT RS.5,04,150/- HAVE BEEN DISCLOSED AN ACCOUNTED FOR IN HIS RETURN OF IN COME FOR ASSESSMENT YEAR 2012-13 AND TAX HAS BEEN ACCORDINGLY PAID. AND FOR REMAINING RS. 1,63,850/- OUT OF TOTAL CASH FOUND OF RS. 6,68,000/-. APPELLAN T SUBMITTED THAT IT BELONGS TO HIM AND SAID CASH WAS PART OF THE ACTUAL CASH ON HIS HAND AS PER REGULAR BOOKS OF ACCOUNT MAINTAINED BY HIS PROPRIETARY CONC ERN M/S. PATEL TIMBER IT(SS)A NO. 365/AHD/2017 . A.Y. 2012-13 3 CORPORATION. BUT LOWER AUTHORITIES WERE NOT CONVINC ED WITH THE PLEA OF THE APPELLANT AND MADE ADDITION OF RS. 6,68,000/-. 3. WE HAVE GONE THROUGH THE RELEVANT RECORD AND IMPUGN ED ORDER. WE FOUND THAT IN SUPPORT OF ITS CONTENTION, ASSESSEE DRAWN OUR AT TENTION TOWARDS THE INCOME TAX RETURN OF ANKIT R. PATEL FOR ASSESSMENT YEAR 20 12-13 WHEREIN HE HAS DISCLOSED RS. 5,04,150 AS UNACCOUNTED INCOME BEFORE THE ASSESSING OFFICER AND SAME IS PART OF PAPER BOOK AT PAGE NO. 51 & 52. FOR REMAINING AMOUNT OF RS. 1,63,850/- HAS FILED CASH BOOK OF M/S PATEL TIMBER CORPORATION. THE APPELLANT REITERATED THAT HE HAS SUBMITTED ALL RELEVANT DETAI LS BUT LOWER AUTHORITIES HAVE NOT CONSIDERED THE SAME. THEREFORE, IN THE INTEREST OF JUSTICE, WE SET ASIDE THIS ISSUE TO THE FILE OF A.O. WITH THE DIRECTION TO CON SIDER ENTIRE DETAILS MATERIALS AFRESH AND DECIDE THE MATTER AS PER PROVISIONS OF L AW. 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 22- 05- 2019 SD/- SD/- (PRADIP KUMAR KEDIA) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 22/05/2019 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER