Girish Rathi, Hyderabad v. Income Tax Officer, Ward-10(2), Hyderabad

ITA 1136/Hyd/2018 | 2013-2014
Pronouncement Date: 04-05-2021 | Result: Allowed

Appeal Details

RSA Number 113622514 RSA 2018
Assessee PAN AEJPR8814C
Bench Hyderabad
Appeal Number ITA 1136/Hyd/2018
Duration Of Justice 2 year(s) 11 month(s) 4 day(s)
Appellant Girish Rathi, Hyderabad
Respondent Income Tax Officer, Ward-10(2), Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 04-05-2021
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted DB-B
Tribunal Order Date 04-05-2021
Last Hearing Date 15-02-2021
First Hearing Date 15-02-2021
Assessment Year 2013-2014
Appeal Filed On 31-05-2018
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES : BENCH B HYDERABAD (THROUGH VIDEO CONFERENCE ) BEFORE SHRI S.S. GODARA JUDICIAL MEMBER AND SHRI L.P. SAHU ACCOUNTANT MEMBER I.T.A. NO. 1136 /HYD./201 8 ASSESSMENT YEAR : 2013 - 14 SHRI GIRISH RATHI . VS. ITO WARD 10(2) HYDERABAD HYDERABAD [PAN: A EJ PR 8814C ] (APPELLANT) (RESPONDENT) FOR ASSESSEE: SRI SANJAY ANAM SIDDIQUE AR FOR REVENUE: S HRI ROHIT MUJUMDAR D.R. DATE OF HEARING : 22/02/2021 DATE OF PRONOUNCEMENT : 04 /05/2021 O R D E R PER S.S. GODARA J.M. THIS ASSESSEES APPEAL FOR AY 2013 - 14 IS DIRECTED AGAINST THE CIT (A) - 6 HYDERABADS ORDER DATED 05.03.2O18 IN CASE NO. 0022 /2016 - 17 U/S 14 4 OF THE INCOME TAX ACT 1961 (IN SHORT THE ACT). HEARD BOTH PARTIES. CASE FILE PERUSED. 2. THE A SSESSEES TWIN SUBSTANTIVE GROUNDS CHALLENGE CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION INTER ALIA ADDING UNEXPLAINED CASH CREDITS/ DEPOSITS OF RS.1 42 33 000 / - IN HIS PERSONAL ACCOUNT FOLLOWED BY AGRICULTURAL INCOME OF RS2 74 200/ - ; RESPECTIVELY. LEARNED COUNSEL IS FAIR ENOUGH IN NOT PRESSING FOR ASSESSEES LATTER SUBSTANTIVE GROUND HEREINABOVE KEEPING IN MIND THE SMALLNESS OF AMOUNT INVOLVED. THE SAME IS THEREFORE REJECTED IN ABOVE TERMS. 3. COMING TO THE SOLE SURVIVING ISSUE OF CORRECTNESS OF UNEXPLAIN ED CASH CREDIT/DEPOSIT S ADDITION OF RS . 1 42 33 000/ - MADE IN BOTH THE LOWER PROCEEDINGS ON ACCOUNT OF THIS TAXPAYERS ALLEGED FAILURE IN PROVING SOURCE THEREOF; MR.SIDDIQUE HAS FILED A COPY OF JUDGEMENT DATED 23 RD DECEMBER 2019 FROM THE C OURT OF XII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE HYDERABAD IN C.C. NO.262/2015 AGAINST THIS ASSESSEE WHEREIN THE COMPLAINANT HAS LODGED A COMPLAINT AGAINST HIM ALLEGEDLY STATING THAT HER AMOUNT OF RS1.5 CRORES HAD BEEN WRONGLY RECEIVED ON THE PRETEXT OF MAK ING INVESTMENTS. THE SAID JUDGEMENT HAS ACQUITTED THE ASSESSEE OF CHARGES FRAMED U/S 406 409 AND 420 IPC. 3.1. LEARNED COUNSELS CASE IN LIGHT OF FOREGOING JUDGEMENT IS THAT THE ABOVE CRIMINAL PROCEEDINGS SUFFICIENTLY DISCHARGE THE ASSESSEES ONU S OF PROVING THE SOURCE OF THE SUM IN QUESTION FROM THE SAID COMPLAINANT ONLY. THE R EVENUES STRONG STAND IN SUPPORT OF THE IMPUGNED ADDITION IS THAT THE ABOVE JUDGEMENT HAS COME MUCH AFTER THE CIT(A)S ORDER DATED 5 TH MARCH 2018. 4. WE HAVE GIVEN OUR THOUGHTFUL CONSIDERATION TO THE FOREGOING RIVAL CONTENTIONS AGAINST AND IN SUPPORT OF THE IMPUGNED ADDITION. WE ARE OF THE OPINION THAT THE INSTANT ISSUE REQUIRES A FRESH ADJUDICATION AT THE ASSESSING OFFICERS END KEEPING IN MIND THE ABOVESTATED JUDGEME NT IN CRIMINAL C OURT . WE THUS RESTORE THIS SOLE SURVIVING ISSUE BACK TO THE ASSESSING AUTHORITY. THE ASSESSEE OR HIS AUTHORISED REPRESENTATIVE SHALL APPEAR BEFORE THE A SSESSING OFFICER ON OR BEFORE 31 ST AUGUST 2021 WITH ALL THE RELEVANT EVIDENCE; AT HIS OWN RISK AND RESPON SIBILITY TO BE FOLLOWED BY THREE EFFECTIVE OPPORTUNITIES OF HEARING. THIS ASSESSEES APPEAL IS ACCEPTED FOR STATISTICAL PURPOSES IN ABOVE TERMS. PRONOUNCED IN OPEN COURT ON 04 TH MAY 2021. SD/ - SD/ - (L.P. SAHU) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: THE 04 TH MAY 2021. * GMV COPY OF THE ORDER FORWARDED TO: 1. SRI GIRISH RATHI PLOT NOA - 23 KHAR GANDHI HOUSE VIKRAMPURI COLONY SECUNDERABAD TELANGANA. 2. ITO WARD 10(2) HYD ERA BAD. 3 . ACIT RANGE 10 HYDERABAAD . 4 . CIT(A) - 6 HYDERABAD. 5. PR. CIT - 6 HYDERABAD. 6. DR ITAT HYDERABAD. 7 . GUARD FILE.