Sanjay Rastogi,, Lucknow v. Income tax Officer-II(3),, Lucknow

ITA 22/LKW/2012 | 2007-2008
Pronouncement Date: 06-02-2012 | Result: Allowed

Appeal Details

RSA Number 2223714 RSA 2012
Assessee PAN AAMPR1540A
Bench Lucknow
Appeal Number ITA 22/LKW/2012
Duration Of Justice 20 day(s)
Appellant Sanjay Rastogi,, Lucknow
Respondent Income tax Officer-II(3),, Lucknow
Appeal Type Income Tax Appeal
Pronouncement Date 06-02-2012
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 06-02-2012
Date Of Final Hearing 27-01-2012
Next Hearing Date 27-01-2012
Assessment Year 2007-2008
Appeal Filed On 17-01-2012
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW SMC BENCH LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV JUDICIAL MEMBER ITA NO. 22/LKW/2012 ASSESSMENT YEAR: 2007 - 08 SANJAY RASTOGI 15 BAHORAN TOLA CHOWK LUCKNOW V. INCOME TAX OFFICER II(3) LUCKNOW PAN: AAMPR1540A (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI. J. J. MEHROTRA C.A. RESPONDENT BY: SHRI. R. K. RAM D.R. DATE OF HEARING: 27.01.2012 DATE OF PRONOUNCEMENT: 06.02.2012 O R D E R THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) CONFIRMING THE ADDITION OF ` 22 500 MADE BY THE ASSESSING OFFICER ON ACCOUNT OF LOW HOUSEHOLD WITHDRAWALS. 2 . HAVING GONE THROUGH THE MATERIALS AVAILABLE ON RECORD COMPARATIVE CHART OF HOUSEHOLD EXPENSES AND THE ORDER OF THE LD. CIT(A) FOR PAST YEARS I FIND THAT THE ASSESSEE HAS SHOWN HOUSEHOLD WITHDRAWAL AT ` 97 500 IN THE IMPUGNED ASSESSMENT YEAR I.E. ASSESSMENT YEAR 2007 - 08. THE ASSESSING OFFICER TREATED IT TO BE AT LOWER SIDE AND MADE ADDITION OF ` 22 500 WHICH WAS CONFIRMED BY THE LD. CIT(A). IN EARLIER YEAR I.E. 2006 - 07 THE ASSESSEE HAS SHOWN HOUSEHOLD WITHDRAW A L AT ` 84 500 AND THE ASSESSING OFFICER HAS MADE AN ADDITION OF ` 35 500 WHICH WAS DELETED BY : - 2 - : THE LD. CIT(A). SIMILAR WAS THE POSITION IN ASSESSMENT YEARS 2005 - 06 AND 2002 - 03 IN WHICH ASSESSEE HAS SHOWN HOUSEHOLD WITHDRAWAL AT ` 88 236 AND ` 86 550 RESPECTIVELY AGAINST WHICH ADDITION OF ` 31 774 AND ` 21 445 WERE MADE BY THE ASSESSING OFFICER IN ASSESSMENT YEAR 2005 - 06 AND 2002 - 03 RESPECTIVELY B UT THE SAME W AS DELETED BY THE LD . CIT(A). THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT IN THE LIGHT OF PAST HISTORY OF THE ASSESSEE THE HOUSEHOLD WITHDRAW A L FOR THE YEAR UNDER CONSIDERATION IS QUITE REASONABLE AND NO ADDITION IS CALLED FOR. 3 . THE LD. D.R. ON THE OTHER HAND HAS P LACED RELIANCE UPON THE ORDER OF THE LD. CIT(A). 4 . HAVING GONE THROUGH THE RECORDS AND IN THE LIGHT OF RIVAL SUBMISSIONS I FIND THAT IN EARLIER YEARS ALSO ADDITION WAS MADE ON ACCOUNT OF LOW HOUSEHOLD WITHDRAWALS BUT IT WAS DELETED BY THE APPELLATE AUTHORI TIES. IN THE IMPUGNED ASSESSMENT YEAR THE ASSESSEE HAS DECLARED HOUSEHOLD WITHDRAWAL OF ` 97 500 AGAINST HOUSEHOLD WITHDRAW AL AT ` 84 500 SHOWN IN ASSESSMENT YEAR 2006 - 07. IN ASSESSMENT YEAR 2006 - 07 ADDITION OF ` 35 500 WAS MADE BY THE ASSESSING OFFICER BUT THE SAME WAS DELETED BY THE LD. CIT(A). THEREFORE IN THE LIGHT OF PAST HISTORY I FIND THAT THE HOUSEHOLD WITHDRAW AL DECLARED BY THE ASSESSEE IS QUITE REASONABLE AND NO ADDITION IS CALLED FOR . I THEREFORE SET ASIDE THE ORDER OF THE LD. CIT(A) AND D ELETE THE ADDITION. 5 . IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 6.2.2012. SD/ - [ S UNIL KUMAR Y ADAV ] JUDICIAL MEMBER DATED: 6.2.2012 JJ: 2701 : - 3 - : COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSIS TANT REGISTRAR