Smt. M.R.Ashalatha, Bangalore v. Income Tax officer, Bangalore

ITA 1317/BANG/2016 | 2009-2010
Pronouncement Date: 19-10-2016 | Result: Allowed

Appeal Details

RSA Number 131721114 RSA 2016
Assessee PAN ABTPA3673M
Bench Bangalore
Appeal Number ITA 1317/BANG/2016
Duration Of Justice 3 month(s) 7 day(s)
Appellant Smt. M.R.Ashalatha, Bangalore
Respondent Income Tax officer, Bangalore
Appeal Type Income Tax Appeal
Pronouncement Date 19-10-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 19-10-2016
Assessment Year 2009-2010
Appeal Filed On 12-07-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH C BEFORE SHRI A .K. GARODIA ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO JUDICIAL MEMBER I.T.A. NO. 1317 /BANG/201 0 (ASSESSMENT YEAR : 20 09 - 10 ) SMT. M.R. ASHALATHA NO.477 11 TH CROSS UPPER PALACE ORCHARDS BENGALURU - 560 080 PAN ABTPA 3673 M VS. INCOME TAX OFFICER WARD 9(2) BENGALURU. APPELLANT RESPONDENT. APPELLANT BY : SHRI H.N.KHINCHA C.A. RESPONDENT BY : SHRI SUMER SINGH MEENA ADDL. CIT (D.R) DATE OF H EARING : 06.10 .2016. DATE OF P RONOUNCEMENT : 19. 10. 201 6 . O R D E R PER SHRI VIJAY P AL RAO J. M. : THIS APPEAL BY THE ASSESSEE IS DIREC TED AGAINST THE ORDER DT.18.5.2016 OF COMMISSIONER OF INCOME TAX (APPEALS) BANGALORE - 6 FOR THE ASSESSMENT YEAR 2009 - 10. 2. THE ASSESSEE HAS RAISE D THE FOLLOWING GROUNDS : 2 ITA NO. 1317 /BANG/ 201 6 3. THE ONLY ISSUE ARISES FOR OUR CONSIDERATION AND ADJUDICATION IS REGAR DING ADDITION MADE ON ACCOUNT OF CASH DEPOSIT IN THE BANK OF RS.16 04 000. 4. THE ASSESSEE IS AN INDIVIDUAL AND DERIVING INCOME FROM HOUSE PROPERTY AND BANK INTEREST. IN THE SCRUTINY ASSESSMENT THE ASSESSING OFFICER NOTED THAT THERE ARE CASH DEPOS ITS IN THE BANK ACCOUNT OF ASSESSEE WITH UCO BANK TO THE TUNE OF RS.16 04 000. THE ASSESSING OFFICER MADE THE ADDITION ON THE BASIS OF AIR INFORMATION IN RESPECT OF THE CASH DEPOSITS BEING UNEXPLAINED CASH DEPOSIT. THE ASSESSEE CHALLENGED THE ACTION OF T HE ASSESSING OFFICER BEFORE THE CIT (APPEALS) BUT COULD NOT SUCCEED. 3 ITA NO. 1317 /BANG/ 201 6 5. BEFORE US THE LD. AR OF THE ASSESSEE HAS SUBMITTED THAT THE CIT (APPEALS) HAS NOT GIVEN THE CREDIT OF WITHDRAWAL OF RS.12 85 000 BY THE ASSESSEE AS SOURCE OF THE SUBSEQUENT DEP OSIT. HE HAS FURTHER SUBMITTED THAT THE ASSESSEE COULD NOT PRODUCE THE CASH BOOK BEFORE THE AUTHORITIES BELOW AND THEREFORE ONE MORE OPPORTUNITY MAY BE GIVEN TO THE ASSESSEE TO PRODUCE THE RELEVANT EVIDENCE IN SUPPORT OF THE SOURCE OF THE DEPOSITS IN THE BANK. 6 . ON THE OTHER HAND THE LD. DR HAS RELIED UPON THE ORDERS OF THE AUTHORITIES BELOW AND SUBMITTED THAT THE ASSESSEE HAS FAILED TO SUBSTANTIATE ITS CLAIM WITH SUPPORTING EVIDENCE. 7 . HAVING CONSIDERED THE RIVAL SUBMISSIONS AND RELEVANT MATE RIAL ON RECORD WE NOTE THAT THE ASSESSING OFFICER AS WELL AS THE CIT (APPEALS) HAS DISALLOWED THE CLAIM OF THE ASSESSEE ON THE GROUND THAT THE ASSESSEE HAS NOT PRODUCED ANY EVIDENCE IN SUPPORT OF HER EXPLANATION OF THE SOURCE BEING WITHDRAWAL FOR SUBSEQUE NT DEPOSIT IN THE BANK. THE CIT (APPEALS) HAS GIVEN HIS FINDING IN PARAS 7 TO 9 ARE AS UNDER : 4 ITA NO. 1317 /BANG/ 201 6 IT IS CLEAR FROM THE FINDING OF THE CIT (APPEALS) THAT THE WITHDRAWAL OF RS.12 85 000 WAS NOT IN DISPUTE HOWEVER THE SOURCE TO THE EXTENT OF THE SAID WI THDRAWAL WAS NOT ACCEPTED FOR WANT OF SUPPORTING EVIDENCE. SINCE THE LD. AR OF THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE MAY BE GIVEN ONE MORE OPPORTUNITY TO PRODUCE THE CASH BOOK AND OTHER RELEVANT RECORDS IN SUPPORT OF 5 ITA NO. 1317 /BANG/ 201 6 THE CLAIM THEREFORE IN THE FACT S AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE WE SET ASIDE THE MATTER TO THE RECORD OF THE ASSESSING OFFICER TO RECONSIDER THIS ISSUE AFTER VERIFICATION OF THE RELEVANT RECORD TO BE PRODUCED BY ASSESSEE. 8 . IN THE RESULT THE APPEAL O F THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH O CT. 201 6 . S D / - (A .K. GARODIA ) ACCOUNTANT MEMBER S D / - (VIJAY PAL RAO) JUDICIAL MEMBER BANGALORE DT. 19.10.2016. *REDDY GP COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR ITAT BANGALORE. 6. GUARD F ILE. BY ORDER ASST. REGISTRAR ITAT BANGALORE