MONA BHAGWANI, Jaipur v. ITO, Jaipur

ITA 269/JPR/2016 | 2009-2010
Pronouncement Date: 21-10-2016 | Result: Partly Allowed

Appeal Details

RSA Number 26923114 RSA 2016
Assessee PAN APXPB7418P
Bench Jaipur
Appeal Number ITA 269/JPR/2016
Duration Of Justice 6 month(s) 24 day(s)
Appellant MONA BHAGWANI, Jaipur
Respondent ITO, Jaipur
Appeal Type Income Tax Appeal
Pronouncement Date 21-10-2016
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted Not Allotted
Tribunal Order Date 21-10-2016
Assessment Year 2009-2010
Appeal Filed On 28-03-2016
Judgment Text
VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCHES JAIPUR JH HKKXPUN] YS[KK LNL; O JH DQY HKKJR] U;KF;D L NL; DS LE{K BEFORE: SHRI BHAGCHAND AM & SHRI KUL BHAR AT JM VK;DJ VIHY LA-@ ITA NO. 269/JP/2016 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2009-10 SMT. MONA BHAGWANI 112/45 RAM TEERATH MARG AGARWAL FARM MANSAROVAR JAIPUR CUKE VS. THE ITO WARD- 2(4) JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: APXPB 7418 P VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY: SHRI S.L. PODDAR ADVOCATE JKTLO DH VKSJ LS@ REVENUE BY :SHRI R.A. VERMA ADDL CIT-. DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 13/10/2016 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 21 /10/2016 VKNS'K@ ORDER PER BHAGCHAND AM THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDER OF THE LD. CIT(A) ALIGARH (CAMP OFFICE- JAIPUR) DATED 25-0 1-2016 FOR THE ASSESSMENT YEAR 2009-10 RAISING THEREIN FOLLOWING G ROUND:- THAT THE AO HAS ERRED IN SUSTAINING THE PENALTY O N ALLEGED CONCEALED INCOME OF RS. 6 12 210/- WITHOUT CONSIDERING THE SUBMISSION OF THE ASSESSEE IN PROPE R PERSPECTIVE. ITA NO. 269/JP/2016 SMT. MONA BHAGWANI VS. ITO WARD- 2 (4) JAIPUR . 2 2.1 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. BRIEF FACTS OF THE CASE ARE TH AT THE ASSESSEE FILED THE RETURN OF INCOME DECLARING INCOME AT RS. 1 76 167/- ON 30-04-2009. THE ASSESSMENT WAS COMPLETED U/S 143(3) AT TOTAL INCOME OF RS. 13 48 897/-. THE LD. CIT(A) GRANTED PART RELIEF TO THE ASSESSEE AND CONFIRMED THE ADDITION OF RS. 6 12 210/-. FURTHER THE APPEAL WAS PREFERRED BY THE ASSESSEE BEFORE ITAT JAIPUR BENCH AND WHILE DECIDIN G THE APPEAL OF THE ASSESSEE IN ITA NO. 142/JP/2016 ITAT IN QUANTUM AP PEAL VIDE ITS ORDER DATED 12-04-2016 SUSTAINED THE ADDITION OF RS. 3.50 LACS (RS. 2.50 LACS AND RS. 1.00 LAC) IN THE HANDS OF THE ASSESSEE BY O BSERVING AS UNDER:- 4.1 IN RESPECT OF A SUM OF RS. 2.50 LACS THE OBSERVATION OF THE LD. CIT(A) WAS THAT THE ASSESSEE HAD FAILED TO ADDUCE SUFFICIENT EVIDENCES. ON THE OTHER HAND THE ASSESSEE HAS PLACED RELIANCE ON A JOINT ACCOUNT WHI CH WAS OPERATED BY THE ASSESSEE WITH HER MOTHER FROM WHICH TWO CHEQUES OF RS. 1.50 LACS AND RS. 1.00 LAC WERE ISSU ED CLAIMED TO HAVE BEEN USED FOR THE PURCHASE OF THE P ROPERTY. THE OBJECTION OF LD. CIT(A) WAS THAT THOSE CHEQUES SHOULD HAVE BEEN USED FOR ANY OTHER TRANSACTION BUT NOT FO R THE PURPOSE OF PURCHASE OF THE PROPERTY BECAUSE IT WAS NOT A CASH WITHDRAWAL FROM THE BANK BUT THE CHEQUES WERE ISSUE D FOR ANY OTHER PURPOSE HOWEVER NOT FOR THE PURPOSE OF PURCHASE OF THE PROPERTY. EVEN BEFORE ME THE ASSESSEE IS NOT IN A POSITION TO IMPROVE HER CASE BY FILING COGENT AS WE LL AS SUPPORTING EVIDENCE. I THEREFORE CONFIRM THE ADDIT ION TO THIS EXTENT BY ENDORSING THE VIEW TAKING BY LD. CIT(A). 4.2 IN RESPECT OF THE EXPLANATION OF THE ASSESSEE THAT HER HUSBAND AND SHE HERSELF WERE FILING THEIR RESPECTIVE ITA NO. 269/JP/2016 SMT. MONA BHAGWANI VS. ITO WARD- 2 (4) JAIPUR . 3 INCOME TAX RETURNS IN THE PAST FOR SEVERAL YEARS T HEREFORE SAVED THE AMOUNT NEARLY TO THE EXTENT OF RS. 4 LAKH S IN CASH. THE LD. CIT(A) HAS NOT ACCEPTED THE THEORY. CONSIDE RING THE COPIES OF RETURNS FILED BY HER HUSBAND AS WELL AS T HE RETURNS FILED BY THE ASSESSEE ALTHOUGH NOT SHOWING SUBSTAN TIAL INCOME BUT STILL IT CANNOT BE RULED OUT THAT NO AMO UNT AT ALL WOULD HAVE BEEN SAVED BY THE ASSESSEE AND HER HUSBA ND. I HEREBY HOLD THAT LEAST THE FAMILY WOULD HAVE BEEN S AVED A SUM OF RS. 3 LAKHS FOR THE PURPOSE OF INVESTMENT IN THE PROPERTY IN QUESTION. AS A RESULT STILL A SUM OF R S. 1 LAKH REMAINED UNEXPLAINED WHICH SHALL BE TAXED IN THE HA NDS OF THE ASSESSEE AS PER LAW. I DIRECT ACCORDINGLY. SINC E PART RELIEF HAS BEEN GRANTED THEREFORE THE GROUND RAISED BY T HE ASSESSEE IS PARTLY ALLOWED. IT IS NOTICED THAT DURING THE ASSESSMENT PROCEEDING S THE ASSESSEE HAS FAILED TO SUBSTANTIATE THE EXPLANATION PROVIDED THA T THE AMOUNT OF RS.2.50 LACS WAS TAKEN FROM HIS MOTHER. THERE WAS NO CORRES PONDING CASH WITHDRAWAL IN HER BANK ACCOUNT. NO EVIDENCES WERE P RODUCED IN SUPPORT OF THE CLAIM. THEREFORE IN OUR CONSIDERED VIEW I T IS A FIT CASE WHERE PENALTY U/S 271(1) OF THE ACT IS TO BE LEVIED. HEN CE CONSIDERING THE CASE LAWS RELIED ON BY BOTH THE SIDES DURING THE C OURSE OF HEARING AND FACTUAL ASPECTS OF THE CASE WE SUSTAIN THE PENALTY ON THE ADDITION OF RS. 2.50 LACS U/S 271(1) OF THE ACT. AS REGARDS PE NALTY FOR NOT ACCEPTING THE CLAIM OF ASSESSEE AS TO PAST SAVINGS IT IS NOT ICED THAT ITAT VIDE ITS ORDER IN PARA 4.2 (SUPRA) HAD OBSERVED THAT IT CANN OT BE RULED OUT THAT NO AMOUNT AT ALL WOULD HAVE BEEN SAVED BY THE ASSESSEE AND HER HUSBAND AND ITA NO. 269/JP/2016 SMT. MONA BHAGWANI VS. ITO WARD- 2 (4) JAIPUR . 4 THUS REDUCED THE ADDITION FROM RS. 4.00 LACS TO RS. 1.00 LAC ON ESTIMATE BASIS. THE ADDITION WAS SUSTAINED ON ACCOUNT OF ES TIMATE OF PAST SAVINGS. THUS THE ADDITION WAS SUSTAINED PURELY BASED ON ES TIMATE. IN SUCH CIRCUMSTANCES THE PENALTY U/S 271(1) OF THE ACT C ANNOT BE SUSTAINED ON SUCH ADDITION. THUS THE APPEAL OF THE ASSESSEE IS P ARTLY ALLOWED 3.0 IN THE RESULT THE APPEAL OF THE ASSESSEE IS P ARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 21/10/2016 SD/- SD/- DQY HKKJR HKKXPUN (KUL BHARAT) ( BHAGCHAND) U;KF;D LNL; / JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 21/10/ 2016 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SMT. MONA BHAGWANI JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- THE ITO WARD- 2 (4) JAIPUR 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR ITAT JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 269/JP/2016) VKNS'KKUQLKJ@ BY ORDER LGK;D IATHDKJ @ ASSISTANT. REGISTRAR