Sh. Jeet Singh, Chandigarh v. ITO, Chandigarh

ITA 1282/CHANDI/2016 | 2011-2012
Pronouncement Date: 28-11-2017 | Result: Allowed

Appeal Details

RSA Number 128221514 RSA 2016
Assessee PAN ANEPS7727D
Bench Chandigarh
Appeal Number ITA 1282/CHANDI/2016
Duration Of Justice 11 month(s) 26 day(s)
Appellant Sh. Jeet Singh, Chandigarh
Respondent ITO, Chandigarh
Appeal Type Income Tax Appeal
Pronouncement Date 28-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 28-11-2017
Assessment Year 2011-2012
Appeal Filed On 02-12-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES SMC CHANDIGARH BEFORE MS. DIVA SINGH JUDICIAL MEMBER ITA NO. 1282/CHD/2016 ASSESSMENT YE AR: 2011-12 SHRI JEET SINGH VS. THE ITO HOUSE NO. 44 VILLAGE-BEHLANA WARD 5(4) CHANDIGARH. CHANDIGARH. PAN : ANEPS7727D (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI PARIKSHIT AGGARWAL RESPONDENT BY : SMT. CHANDER KANTA SR.DR DATE OF HEARING : 06.09.2017 DATE OF PRONOUNCEMENT : 28.11. 2017 ORDER THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE ASSA ILING THE CORRECTNESS OF THE ORDER DATED 02.09.2016 OF LD. CIT (APPE ALS)-2 CHANDIGARH PERTAINING TO 2011-12 ASSESSMENT YEAR ON THE FOLLOWING GROUNDS. : 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW THE WORTHY CIT(A) IN APPEAL NO. 763/2013-14 DATED 22.08.2016 H AS ERRED IN PASSING THAT ORDER IN CONTRAVENTION OF THE PROVISIONS OF SECTION 250(6) O F THE INCOME TAX ACT 1961. 2. THAT ON THE FACTS LEGAL POSITION AND CIRCUMSTANCES OF THE CASE THE WORTHY CIT(A) WAS NOT JUSTIFIED IN CONFIRMING ACTION OF LD. AO WHERE IN THE LD. AO MADE AN ADDITION OF RS. 8 00 000/- ON ACCOUNT OF CASH DEPOSIT IN BANK ACCOUNT WHICH WAS RECEIVED AS ADVANCE AGAINST AGREEMENT OF SALE AND HENCE THE REL EVANT CASH DEPOSIT IN THE BANK ACCOUNT WAS NOT FROM UNEXPLAINED SOURCES. 3. THAT ON THE FACTS LEGAL POSITION AND CIRCUMSTANCES OF THE CASE THE WORTHY CIT(A) WAS NOT JUSTIFIED IN CONFIRMING ACTION OF LD. AO WHERE IN THE LD. AO MADE AN ADDITION OF RS. 2 87 057/- BY REJECTING THE EXPLANATION OF THE APPELLANT REGARDING OPENING CASH IN HAND OF RS. 2 87 057/- IN THE CASH FLOW STATEMENT S O AS TO JUSTIFY THE SOURCE OF CASH DEPOSIT IN THE BANK ACCOUNT. 2. INVITING SPECIFIC ATTENTION TO GROUND NO. 1 IT WAS SUBM ITTED BY THE LD. AR THAT IN THE FACTS OF THE PRESENT CASE THE ASSESSEE HAD PLACED BY WAY OF WRITTEN SUBMISSIONS FACTS RELATABLE AND RELEVANT FOR DECIDING THE ISSUE NAMELY AFFIDAVITS OF THE ASSESSEE AND THE PERSON WHO HAD GIVEN THE ADVANCE NAMELY SHRI HARJINDER SINGH DATED 24.08.2016 ALONGWITH COP IES OF SHRI JEET SINGH HUF AND SHRI CHARANJIT KAUR WIFE OF THE ASSESSEE FOR 2011-12 ASSESSMENT YEAR. INVITING ATTENTION TO THE IMPUGNED ORDE R IT WAS SUBMITTED THAT NONE OF THESE FACTS EVIDENCES OR SUBMISSIONS HAVE BEEN CONSIDERED BY THE CIT(A). IN THE CIRCUMSTANCES IT WAS HIS LIMITED PRAYER THAT THE ISSUE MAY ITA/1282/CHD/2016 A.Y. 2011-12 PAGE 2 OF 2 BE REMANDED TO THE CIT(A) FOR CONSIDERING THE FACTS AND E VIDENCES. THE SAID PRAYER OF THE LD. AR WAS NOT OBJECTED BY THE LD. SR.DR. 3. THE ASSESSEE IN THE FACTS OF THE PRESENT CASE IT IS S EEN WAS REQUIRED TO EXPLAIN DEPOSITS IN HIS VARIOUS BANK ACCOUNTS. THE ASSESS EE IT IS NOTICED HAD TAKEN CONTRACT OF THE PARKING SITE AT AIRPORT CHANDIGARH FROM THE MUNICIPAL CORPORATION. QUA THE ADDITION OF RS. 8 LAKHS THE ASSESSEE EXPLAINED IT TO BE ADVANCE FOR AGRICULTURAL LAND BY SHRI HARJINDER SINGH S/O S HRI TEJ PAL SINGH. THE DENIAL BY THE SAID PARTY WAS EXPLAINED TO BE AS PER THE REASONS SET OUT IN PARA 6.2 OF THE IMPUGNED ORDER. THE CIT(A) HAS DISMISSED T HE CLAIM ON THE GROUNDS OF LACK OF EVIDENCE. IN THE LIGHT OF THE SUBMISSIONS OF THE PARTIES BEFORE THE BENCH CONSIDERING THE ARGUMENTS THAT THE SU BMISSIONS FACTS AND DOCUMENTARY EVIDENCES ON RECORD HAVE NOT BEEN CONSIDE RED ACCORDINGLY IN THE PECULIAR FACTS AND CIRCUMSTANCES I AM OF THE VIEW THA T IN THE INTEREST OF SUBSTANTIAL JUSTICE IT WOULD BE APPROPRIATE TO RESTORE THE ISSUE BACK TO THE FILE OF THE CIT(A) WITH THE DIRECTION TO CONSIDER THE AFFIDAVITS S TATED TO HAVE BEEN FILED ALONGWITH THE SUBMISSIONS. IT IS HOPED THAT THE OPPOR TUNITY SO PROVIDED IS NOT ABUSED BY THE ASSESSEE AS IN THE EVENTUALITY OF A BUSE OF THE SAME THE LD. CIT(A) WOULD BE AT LIBERTY PASS A SPEAKING ORDER ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. THUS IT IS HOPED THAT THE ASSESSEE IN ITS OWN INTEREST MAKES FULL AND PROPER COMPLIANCE BEFORE THE SAID AUTHORITY. 4. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURP OSES. ORDER PRONOUNCED IN THE OPEN COURT ON 28.11. 2017. SD/- (DIVA SINGH) JUDICIAL MEMBER POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR ASSTT. REGISTRAR ITAT CHANDIGARH.