B K Gopika Krishna , Tumkur v. Income Tax Officer Ward-2 , Tumkur

ITA 1551/BANG/2017 | 2010-2011
Pronouncement Date: 23-11-2017 | Result: Allowed

Appeal Details

RSA Number 155121114 RSA 2017
Assessee PAN AHLPG8761C
Bench Bangalore
Appeal Number ITA 1551/BANG/2017
Duration Of Justice 4 month(s) 9 day(s)
Appellant B K Gopika Krishna , Tumkur
Respondent Income Tax Officer Ward-2 , Tumkur
Appeal Type Income Tax Appeal
Pronouncement Date 23-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Allowed
Bench Allotted B
Tribunal Order Date 23-11-2017
Assessment Year 2010-2011
Appeal Filed On 14-07-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL SMC-B BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV JUDICIAL MEMBER ITA NO.1551/BANG/2017 ASSESSMENT YEAR : 2010-11 B. K. GOPIKA KRISHNA S L N STEEL & JEWELLERS N. H. 206 B H ROAD GUBBI (POST) TUMKUR 572 216. PAN : AHLPG8761C VS. INCOME TAX OFFICER WARD-2 TUMKUR. APPELLANT RESPONDENT ASSESSEE BY : SHRI. KUPENDRA SETTY CA REVENUE BY : SHRI. VIKAS SURYAWANSHI ADDL. CIT DATE OF HEARING : 16.11.2017 DATE OF PRONOUNCEMENT : 23.11.2017 O R D E R PER SUNIL KUMAR YADAV JUDICIAL MEMBER THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST T HE ORDER OF CIT(A) INTERALIA ON THE FOLLOWING GROUNDS: 1. THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEA LS) IS ERRONEOUS ON THE FACTS AND IN THE LAW. ON THE FACTS AND IN T HE CIRCUMSTANCES OF THE CASE HE OUGHT NOT TO HAVE DISMISSED THE APPEAL. 2. WITHOUT PREJUDICE TO THE ABOVE THE ORDER OF THE AS SESSMENT MADE U/S 143(3) R.W. SECTION 147 IS WITHOUT JURISDICTION AN D THEREFORE LIABLE TO BE ANNULLED. 3. WITHOUT PREJUDICE TO THE ABOVE THE ADDITION OF RS. 3 04 750/- IS GENUINE GIFT RECEIVED FROM FATHER AND HENCE THE ADD ITION IS TO BE DELETED. 4. THE AMOUNT OF ADDITION OF RS.16 370/- IS INCLUDED I N THE INCOME OF THE APPELLANT AND HENCE THE SAME IS TO BE DELETED. 2. DURING THE COURSE OF HEARING THE LEARNED COUNSE L FOR THE ASSESSEE HAS INVITED OUR ATTENTION TO THE FACT THAT THE ASSESSEE HAS TAKEN T HE GIFT OF RS.3 04 750/- FROM HER FATHER THROUGH CHEQUE WHICH WAS DOUBTED BY THE AO ON THE G ROUND THAT NO GIFT DEED WAS ITA NO. 1551/BANG/2017 PAGE 2 OF 2 EXECUTED AND ACCORDINGLY MADE THE ADDITION OF THE S AME AS UNEXPLAINED INCOME IN THE HANDS OF THE ASSESSEE. 3. ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT(A) B UT DID NOT FIND FAVOUR WITH HIM. NOW THE ASSESSEE IS BEFORE THE TRIBUNAL AND DURING THE COURSE OF HEARING THE LEARNED COUNSEL FOR THE ASSESSEE INVITED OUR ATTENTION TO T HE FACT THAT ASSESSEE HAS TAKEN A GIFT FROM HER FATHER THAT TOO THROUGH ACCOUNT PAYEE CHEQ UE THEREFORE THE PAYMENT OF GIFT CANNOT BE DOUBTED. IN THE LIGHT OF THESE FACTS TH E GIFT CANNOT BE DOUBTED. THE LEARNED DR SIMPLY PLACED RELIANCE UPON THE ORDE R OF THE CIT. 4. HAVING CAREFULLY EXAMINED THE ORDERS OF THE AUTH ORITIES BELOW IN THE LIGHT OF RIVAL SUBMISSIONS I FIND THAT THE GIFT IS GIVEN BY THE F ATHER TO HIS DAUGHTER AND THERE IS NO OTHER RELATION WHICH CAN BE CALLED CLOSER TO THIS RELATIO N. MOREOVER GIFT IS GIVEN THROUGH ACCOUNT PAYEE CHEQUE. THEREFORE IT CANNOT BE DOUBTED. IN THE LIGHT OF THESE FACTS I FIND NO MERIT IN THE ADDITION MADE BY THE AO. I SET ASIDE THE ORDER OF THE CIT(A) AND DELETE THE ADDITIONS. 5. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED . PRONOUNCED IN THE OPEN COURT ON 23 RD NOVEMBER 2017. SD/- (SUNIL KUMAR YADAV) JUDICIAL MEMBER PLACE : BANGALORE DATED : 23/11/2017 /NS/* COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)-II BANGALORE 4 CIT 5 DR ITAT BANGALORE. 6 GUARD FILE BY ORDER SR. PRIVATE SECRETARY ITAT BANGALORE.