Smt. Laxmi Jain, Agra v. ACIT, Agra

ITA 166/AGR/2009 | 2003-2004
Pronouncement Date: 27-08-2010 | Result: Partly Allowed

Appeal Details

RSA Number 16620314 RSA 2009
Assessee PAN AARPJ3210C
Bench Agra
Appeal Number ITA 166/AGR/2009
Duration Of Justice 1 year(s) 4 month(s)
Appellant Smt. Laxmi Jain, Agra
Respondent ACIT, Agra
Appeal Type Income Tax Appeal
Pronouncement Date 27-08-2010
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted DB
Tribunal Order Date 27-08-2010
Date Of Final Hearing 22-07-2010
Next Hearing Date 22-07-2010
Assessment Year 2003-2004
Appeal Filed On 27-04-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH AGRA BEFORE SHRI R.K. GUPTA JUDICIAL MEMBER AND SHRI P.K. BANSAL ACCOUNTANT MEMBER ITA NO.166/AGR/2009 ASST. YEAR: 2003-04 SMT. LAXMI JAIN VS. A.C.I.T. CENTRAL CIRCLE AGRA. 17 GOPAL KUNJ NEW AGRA AGRA. (PAN : AARPJ 3210 C). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.C. AGARWAL ADVOCATE RESPONDENT BY : APPLICATION REJECTED. ORDER PER P.K. BANSAL A.M.: THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) DATED 23.01.2009 BY TAKING THE FOLLOWING GROUNDS OF APPEA L :- (1) BECAUSE THE DEPOSIT OF RS.40 000/- IN PPF A/C NO.445 WAS OUT OF THE ACCUMULATION FROM RENTAL INCOME DEPOSITED AT THE F AG END OF MARCH 2002. CASH FLOW CHART WAS ALSO FILED BEFORE THE AUTHORITIES BE LOW TO SHOW THE AVAILABILITY OF CASH. THE AUTHORITY BELOW WERE NOT JUSTIFIED IN NO T APPRECIATING THE FACTS AND THEREBY ERRED IN MAINTAINING THE ADDITION OF RS.40 000/- TO THE INCOME OF THE ASSESSEE. (2) BECAUSE THE AMOUNT OF RS.30 000 WAS PAID TO VIS HNU PRASAD DULY FINDS PLACE IN THE ACCOUNT BEING COST OF ACQUISITION CLAI M. THE INDEX COST THEREOF CAME TO RS.40 514/-. THE AUTHORITIES BELOW HAVE NOT BEE N JUSTIFIED IN NOT ALLOWING THE SAME ON THE GROUND THAT NO SUCH AMOUNT IS APPEARING IN THE BALANCE SHEET. IN FACT THE AMOUNT WAS SQUARED UP WHEN THE PAYMENT OF THE CLAIM WAS RECEIVED. THE ADDITION OF RS.40 514/- IS ARBITRARY UNJUST AND DE SERVES TO BE DELETED. 2 2. NONE APPEARED ON BEHALF OF THE REVENUE. EVEN TH OUGH THE JR. D.R. MOVED APPLICATION POINTING OUT THAT THE CIT AGRA HAS EXPRESSED HIS I NABILITY TO DEPUTE ANY ADDITIONAL/JOINT C.I.T. TO DISCHARGE THE DUTIES OF SR. D.R. BEFORE THE HON BLE ITAT AGRA BENCH AGRA THIS REQUEST OF THE JR. D.R. WAS REJECTED BY THE BENCH BY POINTING OUT THAT THE BENCH SITS ONLY FOR ONE WEEK IN ONE MONTH. IT WAS INFORMED TO THE DEPARTMENT ALSO THROUGH LD. D.R. WHO IS APPEARING BEFORE THE TRIBUNAL. THE CIT WAS ALSO INFORMED OVER PHONE BY THE LD. JUDICIAL MEMBER. WHEN THE BENCH SAT BETWEEN 21.06.2010 TO 25.06.2010 AT THAT TIME S HE AGREED TO DO THE NEEDFUL. THE CASES FIXED DURING 21.06.2010 TO 25.06.2010 WERE ADJOURNED ACCO RDINGLY. WE THEREFORE DECIDED TO DISPOSE OF THIS APPEAL AFTER HEARING THE LD. A.R. 3. IN RESPECT OF GROUND NO.1 THE LD. A.R. AT THE O UTSET POINTED OUT THAT GROUND NO.1 IS SIMILAR TO THE GROUND NO.1 IN THE CASE OF THE ASSESSEE IN I TA NO.167/AGR/2009 FOR THE A.Y. 2002-03 IN WHICH THIS TRIBUNAL VIDE ORDER DATED 15.12.2009 DEL ETED THE ADDITION OF RS.35 000/- DEPOSITED BY THE ASSESSEE IN HER PPF ACCOUNT DATED 24.03.2002. 4. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS MAD E BY THE LD. A.R. WE NOTED THAT SIMILAR ISSUE HAS ARISEN IN THE CASE OF THE ASSESSE E DURING THE A.Y. 2002-03 IN RESPECT OF THE DEPOSIT OF RS.35 000/- MADE BY THE ASSESSEE IN HER PPF ACCOUNT AT THE FAG END OF THE A.Y. THIS TRIBUNAL IN ITA NO.167/AGR/2009 VIDE ORDER DATED 15 .12.2009 HAS DELETED THE ADDITION UNDER PARA NO.5 BY OBSERVING AS UNDER :- I HAVE CAREFULLY CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD ALONGWITH THE ORDERS O F THE AUTHORITIES BLOW. I NOTED THAT THE ASSESSEE HAD DULY SUBMITTED THE CASH FLOW STATEMENT BEFORE THE A.O. IN WHICH THE ASSESSEE HAS DULY SHOWN THE CASH RECEIVED AND UTILIZED DURING THE YEAR. 3 IN THE CASH FLOW STATEMENT THE ASSESSEE HAS DULY SH OWN RS.35 000/- BEING DEPOSIT IN HER P.P.F. ACCOUNT ON 24.03.2002. THUS IN OUR O PINION THE ASSESSEE HAS SATISFACTORILY EXPLAINED THE SOURCE OF DEPOSIT OF R S.35 000/-. I ACCORDINGLY DELETE THE DISALLOWANCE OF RS.35 000/-. THUS THIS GROUND OF APPEAL STANDS ALLOWED. 5. RESPECTFULLY FOLLOWING THE AFORESAID ORDER OF TH IS TRIBUNAL WE DELETE THE ADDITION OF RS.40 000/-. THUS GROUND NO.1 STANDS ALLOWED. 6. IN RESPECT OF THE NEXT GROUND THE LD. A.R. POIN TED OUT THAT THE ASSESSEE HAS SUBMITTED THE EVIDENCE IN RESPECT OF SUM OF RS.30 000/- PAID BY T HE ASSESSEE TO VISHNU PRASAD. FOR THIS OUR ATTENTION WAS DRAWN TOWARDS PAGE NO.19 OF THE PAPER BOOK WHICH CONTAIN THE ASSESSMENT ORDER IN THE CASE OF THE ASSESSEE FOR THE A.Y. 2001-02 PA SSED UNDER SECTION 153A READ WITH SECTION 143(3) OF THE INCOME-TAX ACT 1961. THUS IT WAS C ONTENDED THAT THE ASSESSEE HAS SUBMITTED THE EVIDENCE IN RESPECT OF THE SUM INCURRED BY THE ASSE SSEE IN EXCESS OF THE CAPITAL AMOUNT AMOUNTING TO RS.30 000/-. 7. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS MAD E BY THE LD. A.R. WE HAVE ALSO GONE THROUGH THE ASSESSMENT ORDER IN THE CASE OF THE ASS ESSEE PASSED UNDER SECTION 153A READ WITH SECTION 143(3) OF THE ACT. WE NOTED THAT THE ASSES SEE HAS CLAIMED A SUM OF RS.30 000/- PAID TO VISHNU PRASAD ON ACCOUNT OF LAND ACQUISITIONS BUT T HIS CLAIM HAS NOT BEEN ACCEPTED BY THE A.O. HE HAS NOT HELD THAT THE ASSESSEE HAD RECEIVED THE ABOVE LAND ACQUISITION OUT OF THE BOOKS OF ACCOUNTS. THE A.O. BUT ESTIMATED THE ADDITION OF R S.3 00 000/- IN RESPECT OF LAND ACQUISITION CLAIMED AND ADDED THE SAME IN THE INCOME OF THE ASS ESSEE. THERE IS NOTHING ON RECORD WHETHER THIS ADDITION WAS SUSTAINED IN APPELLATE PROCEEDING OR NOT. WE ACCORDINGLY SET ASIDE THIS ISSUE AND RESTORE THE SAME BACK TO THE FILE OF THE A.O. W ITH THE DIRECTION THAT IN CASE THE ADDITION 4 REMAINS SUSTAINED IN THE A.Y. 2001-02 IN THE ORDER PASSED UNDER SECTION 153A READ WITH SECTION 143(3) AS RELIED BY THE LD. A.R. THE ASSESSEE SHOU LD BE ALLOWED CLAIM IN RESPECT OF THE COST OF ACQUISITION PAID BY THE ASSESSEE AMOUNTING TO RS.30 000/- TO VISHNU PRASAD ALONG WITH THE INDEXATION THEREON AND TAKING THE A.Y. 2001-02 TO B E THE BASE YEAR FOR COMPUTING THE INDEXATION. THUS THIS GROUND IS ALLOWED FOR STATISTICAL PURPOS ES. 8. IN THE RESULT APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 27.08.2010) SD/- SD/- (R.K. GUPTA) (P.K. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: AGRA DATE: 27 TH AUGUST 2010. PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT BY ORDER 3. CIT CONCERNED 4. CIT (APPEALS) CONCERNED 5. DR ITAT AGRA BENCH AGRA 6. GUARD FILE ASSIST ANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL AGRA TRUE COPY