Smita Dadaso Navale,, Solapur v. Assistant Commissioner of Income-tax, Central Circle -2 (2),, Pune

ITA 322/PUN/2019 | 2012-2013
Pronouncement Date: 22-11-2019 | Result: Partly Allowed

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Appeal Details

RSA Number 32224514 RSA 2019
Assessee PAN AGQPN8006K
Bench Pune
Appeal Number ITA 322/PUN/2019
Duration Of Justice 8 month(s) 26 day(s)
Appellant Smita Dadaso Navale,, Solapur
Respondent Assistant Commissioner of Income-tax, Central Circle -2 (2),, Pune
Appeal Type Income Tax Appeal
Pronouncement Date 22-11-2019
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted B
Tribunal Order Date 22-11-2019
Date Of Final Hearing 03-10-2019
Next Hearing Date 03-10-2019
First Hearing Date 03-06-2019
Assessment Year 2012-2013
Appeal Filed On 26-02-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH PUNE BEFORE SHRI D. KARUNAKARA RAO AM AND SHRI S. S. VISWANETHRA RAVI JM . / ITA NO.322/PUN/2019 / ASSESSMENT YEAR : 2012-13 SMITA DADASO NAVALE AT POST EKHATPUR TALUKA-SANGOLA DIST.-SOLAPUR-413307. PAN : AGQPN8006K ....... / APPELLANT / V/S. ACIT CENTRAL CIRCLE-2(2) PUNE. / RESPONDENT ASSESSEE BY : SHRI SUHAS BORA REVENUE BY : SHRI M. K. VERMA / DATE OF HEARING : 21.11.2019 / DATE OF PRONOUNCEMENT : 22.11.2019 / ORDER PER D. KARUNAKARA RAO AM: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A)-12 PUNE DATED 30.11.2018 FOR THE ASSESSMENT YEAR 2012-13. 2. BEFORE US AT THE OUTSET LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT EXCEPT OF GROUNDS NO.4 TO 6 RESTS OF THE GROUNDS BEING LEGAL OR OTHER OR NOT PRESS. ACCORDINGLY THE RESTS OF THE GROUNDS BEING LEGAL/OTHER/NOT PRESS ARE DISMISSED AS SUCH. THEREFORE THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ISSUE RELATING TO THE SOURCES OF DEPOSITS OF RS.8 96 000/- INTO THE 2 ITA NO.322/PUN/2019 BANK ACCOUNT WITH SANGOLA URBAN CO-OPERATIVE BANK IS THE SOLITARY ISSUE IS TO BE ADJUDICATED BY US IN THIS APPEAL. MENTIONING THE FACTS ABOUT THE SAID ISSUE LD. COUNSEL SUBMITTED THAT THE ASSESSEE IS A SALARIED EMPLOYEE AND ALSO IS A MEMBER OF SMALLER HUF OF SHRI DADA N. NAVALE (HUF). FURTHER LD. COUNSEL MENTIONED THAT THE ASSESSEE DERIVES AGRICULTURAL INCOME OF HER SHARES OUT OF SMALLER HUF (SUPRA). THE ASSESSEE DEPOSITED CASH TO THE TUNE OF RS.8 96 000/- IN HER BANK ACCOUNTS. REFERRING TO THE SAID DEPOSITS IN THE BANK ACCOUNT LD. COUNSEL SUBMITTED THAT PART OF THE DEPOSITS HAS SOURCES IN THE WITHDRAWAL FROM THE SAID ACCOUNT IN THE CURRENT YEAR ON AD-HOC BASIS. THE LD. COUNSEL SUBMITTED THAT OUT OF RS.2 24 200/- CASH WITHDRAWALS A LUMP SUM OF RS.1 LAKH CAN BE GIVEN A TELESCOPIC BENEFIT. REFERRING TO THE BALANCE OF THE DEPOSITS AND THE SOURCES THEREOF LD. COUNSEL SUBMITTED THAT HER SHARE OF HUF INCOME CONSTITUTES THE SOURCES. 3. IN THIS CONTEXT LD. COUNSEL BROUGHT OUR ATTENTION TO THE ORDER OF THE TRIBUNAL IN THE CASE OF MARUTI NIVRUTTI NAVALE (BIGGER HUF) VIDE ITA NO.367/PUN/2017 DATED 15.11.2019. REFERRING TO THE DIRECTIONS OF THE TRIBUNAL LD. COUNSEL MENTIONED THAT IT IS FINDING OF THE TRIBUNAL THAT GROSS TOTAL AGRICULTURAL INCOME OF THE MARUTI NIVRUTTI NAVALE (BIGGER HUF) HAS TO BE QUANTIFIED DIRECTLY IN ACCORDANCE WITH THE MPKV DATA AND THE SAME SHOULD BE ADJUSTED TO THE DEDUCTIONS IF ANY WHICH ARE SPECIFIC TO THAT ASSESSEE. SUBSEQUENTLY OUT OF BALANCE THE FOLLOWING RATIO 51:49 (49% TOWARDS EXPENSES) NET INCOME SHOULD BE QUANTIFIED BEFORE WITHDRAWALS FOR COPARCENARIES ARE CONSIDERED. THE AVAILABLE INCOME IF ANY SHOULD BE ONLY 3 ITA NO.322/PUN/2019 CONSIDERED AS A SOURCE OF INVESTMENT OF THE SAID BIGGER HUF. FURTHER LD. COUNSEL MENTIONED THAT IF THE ABOVE EXERCISE GIVEN EFFECT BY THE ASSESSING OFFICER TO OUR ORDER THE BIGGER HUF SHALL HAVE EXEMPT AGRICULTURAL INCOME AND THE ASSESSEE HAVE CONSEQUENTIAL BENEFITS FOR REAPING. IN THE PROCESS THE ASSESSEE WILL GET SOME RELIEF DUE TO HER SHARE OF HUF INCOME. THE SAME SHOULD BE CONSIDERED TO EXPLAIN THE SOURCES OF THE EACH DEPOSIT IN THE BANK ACCOUNT. IN THIS CONTEXT LD. COUNSEL MENTIONED THAT THIS PART OF THE ISSUE MAY BE REMANDED TO THE FILE OF THE ASSESSING OFFICER FOR A FRESH ADJUDICATION IN THE MATTER AFTER COMPLYING WITH THE SAID DIRECTIONS OF THE TRIBUNAL DATED 15.11.2019 (SUPRA). 4. AFTER HEARING BOTH THE SIDES WE FIND THE ARGUMENT OF LD. COUNSEL FOR THE ASSESSEE SHOULD BE ACCEPTABLE. SO FAR AS GRANTING OF TELESCOPIC BENEFIT TO THE EXTENT OF RS.1 LAKH OUT OF THE CASH WITHDRAWALS FROM THE SAID BANK ACCOUNT ARE CONCERNED WE DIRECT THE ASSESSING OFFICER ACCORDINGLY. 5. COMING TO THE REMANDING THE ISSUE TO THE FILE OF THE ASSESSING OFFICER WITH REFERENCE TO THE SOURCED INCOME OF MARUTI NIVRUTTI NAVALE (BIGGER HUF) WE DIRECT THE ASSESSING OFFICER TO WAIT TILL THE ASSESSING OFFICER GIVES EFFECT TO THE ORDER OF THE TRIBUNAL (SUPRA) AND CONSIDER THE INCOME IF ANY. THE ASSESSING OFFICER SHALL GRANT REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE IN ACCORDANCE WITH SET PRINCIPLES OF NATURAL JUSTICE. THUS THE RELEVANT GROUNDS BASED ON LEGAL ISSUE ARE ALLOWED FOR STATISTICAL PURPOSES. 4 ITA NO.322/PUN/2019 6. IN THE RESULT THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 22 ND DAY OF NOVEMBER 2019. SD/- SD/- (S. S. VISWANETHRA RAVI) (D. KARUNAKARA RAO) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 22 ND NOVEMBER 2019. SUJEET / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-12 PUNE. 4. THE PR.CIT CENTRAL PUNE. 5. / DR ITAT B BENCH PUNE. 6. / GUARD FILE. / BY ORDER // TRUE COPY // SENIOR PRIVATE SECRETARY / ITAT PUNE.