VISHNU DUTT L/H SH. MOOL CHAND ,MATHURA V. I.T.O 1(3)(5) , MATHURA

ITA 407/AGR/2017

AI Insights

The case involves an appeal by the deceased assessee, Vishnu Dutt, against the addition of Rs. 17.13 Lacs to his income for the Assessment Year 2006-07, as confirmed by the Commissioner of Income Tax (Appeals)-1, Agra. The addition was initially made by the Assessing Officer following the observation of unexplained cash deposits in the assessee's bank accounts. The assessee's legal representative argued that the amount included proceeds from the sale of agricultural land, supported by agreements and sale deeds. However, the lower authorities rejected these documents on the grounds of non-registration and subsequent cancellation. The Tribunal, upon review, found the rejection of the documents unjustified and allowed the appeal, deleting the addition.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 470747 (ITAT-AGRA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHAILENDRA SHRIVASTAVA LD.
• Assessee Lawyers: M.M.AGARWAL; LD
• Section: 143(3)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AGRA BEFORE HON’BLE SHRI SATBEER SINGH GODARA, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ ITA No.407/Agr/2017 (िनधाŊरणवषŊ / Assessment Year: 2006-07) Vishnu Dutt L/H of Shri Mool Chand Girdharpur Road, Ajay Nagar, Near Raju Atta Chakki, Krishna Nagar, Mathura (U.P) बनाम/ Vs. ITO-1(3)(5) Mathura ̾थायीलेखासं./जीआइआरसं./PAN/GIR No.AUZPD-3499-D (अपीलाथŎ/Appellant) : (ŮȑथŎ / Respondent) अपीलाथŎकीओरसे/ Appellant by : Shri M.M. Agarwal, CA- Ld. AR ŮȑथŎकीओरसे/Respondent by : Shri Shailendra Shrivastava – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 12-02-2025 घोषणाकीतारीख /Date of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by deceased assessee for Assessment Year (AY) 2006-07 arises out of an order of learned Commissioner of Income Tax (Appeals)-1, Agra [CIT(A)] dated 23-03-2017 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) r.w.s. 147 of the Act on 28-02-2014. The sole grievance of the assessee is confirmation of addition of cash deposit for Rs.17.13 Lacs. Having heard rival submissions and upon perusal of case records, the appeal is disposed-off as under. The assessee has left for his heavenly abode on 03-06-2013. 2. In the assessment order, Ld. AO noted that the deceased assessee deposited cash of Rs.27.13 Lacs in its bank accounts out of which Rs.10 Lacs was withdrawn earlier. The Ld. AO added the remaining amount of Rs17.13 Lacs to the income of the assessee. In first appeal, it was reiterated that the assessee sold agricultural land and entered into agreement for sale. The copy of agreement dated 27- 04-2005 made by assessee’s wife was also furnished wherein amount of Rs.15 Lacs was received which was stated to be given to the deceased assessee and the same was ultimately deposited in the bank account. The copies of two agreement and sale deeds as executed by the assessee in favor of Shri Kishore Kumar evidencing receipt of sum of Rs.1.94 Lacs and Rs.1.36 Lacs respectively was also furnished. The lower authorities rejected the same merely on the ground that the agreement was not registered and it was cancelled subsequently. The other two agreements were also rejected. Finally, the impugned addition was confirmed against which the assessee is in further appeal before us. 3. It is undisputed fact that the receipt of Rs.15 Lacs is duly evidenced by Agreement to Sale wherein deceased assessee’s wife has received the amount of Rs.15 Lacs. The fact that the agreement was not registered or the same was cancelled subsequently, would not alter the fact that the assessee’s wife received sum of Rs.15 Lacs. There is no positive evidence on record to controvert the same. The remaining amount is nominal amount of Rs.2.13 Lacs. Therefore, the facts of the case do not inspire us to confirm the impugned addition and accordingly, we delete the same. 4. The appeal stand allowed as indicated upon conclusion of hearing. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963. Sd/- Sd/- (SATBEER SINGH GODARA) (MANOJ KUMAR AGGARWAL) Ɋाियक सद˟ /JUDICIAL MEMBER लेखा सद˟ /ACCOUNTANT MEMBER Dated: 28-03-2025 आदेश की Ůितिलिप अŤेिषत / Copy of the Order forwarded to : 1. अपीलाथŎ/Appellant 2. ŮȑथŎ/Respondent 3. आयकरआयुƅ/CIT 4. िवभागीयŮितिनिध/DR 5. गाडŊफाईल/GF ASSISTANT REGISTRAR ITAT AGRA "