Manoj Chauhan, New Delhi v. ITO, Ward-70(3), New Delhi

ITA 4722/DEL/2017 | 2008-2009
Pronouncement Date: 29-11-2017 | Result: Allowed

Appeal Details

RSA Number 472220114 RSA 2017
Assessee PAN AAPPC5193M
Bench Delhi
Appeal Number ITA 4722/DEL/2017
Duration Of Justice 4 month(s) 8 day(s)
Appellant Manoj Chauhan, New Delhi
Respondent ITO, Ward-70(3), New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 29-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 29-11-2017
Assessment Year 2008-2009
Appeal Filed On 21-07-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI SMC BENCH NEW DELHI BEFORE SHRI B.P. JAIN ACCOUNTANT MEMBER ITA NO. 4722 /DEL/201 7 [A.Y. 20 08 - 09 ] SHRI MANOJ CHAUHAN VS. THE I.T. O 18/259 DMS COLONY WARD 70 ( 3 ) HARI NAGAR N EW D ELHI NEW DELHI PAN : AAPPC 5193 M [APPELLANT] [RESPONDENT] DATE OF HEARING : 27 . 1 1 .2017 DATE OF PRONOUNCEMENT : 29 . 1 1 .2017 ASSESSEE BY : SHRI VED JAIN ADV SHRI ASHISH GOEL CA REVENUE BY : SHRI ATIQ AHMED SR. DR ORDER THIS APPEAL OF THE ASSESSEE ARISES F ROM THE ORDER OF THE LD. CIT(A) - 28 N EW DELHI VIDE ORDER DATED 2 6 .0 8 .201 6 FOR A.Y. 20 08 - 09 . 2. THE ASSESSEE HAS RAISED AS MANY AS 7 GROUNDS OF APPEAL. HOWEVER HE HAS PRESSED ONLY GROUND NOS. 2 AND 3 WHICH READ AS UNDER: 2.(I) ON THE FACTS AND CIRCUMSTANCES OF THE CASE THE LEARNED CIT(A) HAS ERRED BOTH ON) FACTS AND IN LAW CONFIRMING THE ADDI TION ON ACCOUNT OF BANK DEPOSITS TO THE EXTENT ON 2 RS.7 32 000/ - . (II) THAT THE ADDITION HAS BEEN CONFIRMED REJECTING THE DETAILED EXPLANATION AND EVIDENCE SUBMITTED BY THE ASSESSEE IN THIS REGARD. 3. (I) ON THE FACTS AND CIRCUMSTANCES OF THE CASE THE LEARNED CIT(A) HAS ERRED BOTH O N FACTS AND IN LAW IN CONFIRMING THE DISALLOWANCE OF DEDUCTION U/S 80C TO THE EXTENT OF RS. 12 000/ - . (II) THAT THE ADDITION HAS BEEN CONFIRMED REJECTING THE EXPLANATION AND EVIDENCES BROUGHT ON RECORD BY THE ASSESSEE. 3. BRIEF FACTS OF THE CASE ARE THAT AS PER THE AIR INFORMATION THE ASSESSEE DEPOSITED CASH AMOUNTING TO RS. 12 52 300/ - IN HIS BANK ACCOUNT. IN RESPONSE TO THE NOTICE ISSUED THE ASSESSEE FILED CASH FLOW STATEMENT FROM WHICH THE ASSESSING OFFICER NOTICE D THAT THERE WAS OPENING CASH BALANCE OF RS. 2 15 460/ - C AR ADVANCE AMOUNTING TO RS. 75 000/ - AND SALE PROCEEDS OF PROPERTY AMOUNTING TO RS. 5 40 000/ - TOTALING TO RS. 8 30 460/ - . THE LD. CIT(A) CONFIRMED THE ADDITION WITH REGARD TO THE OPENING CASH BA LANCE IN HAND AMOUNTING TO RS. 1 92 800/ - AND SALE PROCEEDS OF PROPERTY AMOUNTING TO RS. 5 40 000/ - TOTALING TO RS. 7 32 800/ - AGAINST WHICH THE ASSESSEE IS IN APPEAL BEFORE ME . 3 4. I HAVE HEARD THE RIVAL SUBMISSIONS AND HAVE PERUSED THE RELEVANT MATERIA L ON RECORD. WITH RESPECT TO THE OPENING CASH IN HAND THE ASSESSEE SUBMITTED THAT THE RETURN OF INCOME FOR THE ASSESSMENT YEAR 2007 - 08 ALONGWITH BALANCE SHEET WHICH SHOWS CASH IN HAND OF RS. 2 15 460/ - AND NO DISPUTE IN THIS REGARD HAS BEEN RAISED BY T HE DEPARTMENT. THEREFORE THE ASSESSING OFFICER IS NOT JUSTIFIED IN MAKING SUCH ADDITION. 5. AS REGARDS THE SALE PROCEEDS OF THE PROPERTY IT WAS ARGUED BY THE LD. COUNSEL FOR THE ASSESSEE THAT THE ASSESSEE HAS RECEIVED A SUM OF RS. 5 40 000/ - IN CASH FR OM SHRI ANUJ SINGH IN FULL AND FINAL SETTLEMENT AGAINST WHICH SALE OF PROPERTY AND THE RECEIPT IS DETAILED AT PAPER BOOK PAGE 11 WHICH HAS NOT BEEN QUESTIONED. THE OTHER DOCUMENTS OF THE PROPERTY ARE AVAILABLE AT PAGES 13 TO 15. NECESSARY CONFIRMATIONS OF THE OTHER PARTY ARE ON RECORD AND THE LD. CIT(A) HAS IGNORED THE EXPLANATION GIVEN BY THE ASSESSEE AND ACCORDINGLY NO ADDITION ON THIS COUNT CAN BE MADE. THE ADDITION SO MADE IS DIRECTED TO BE DELETED. THUS GROUND NO. 2 OF THE ASSESSEE IS ALLOWED. 6. AS REGARDS GROUND NO. 3 THE ASSESSING OFFICER DISALLOWED THE DEDUCTION U/S 80C OF THE INCOME - TAX ACT 1961 [HEREINAFTER REFERRED TO 4 AS 'THE ACT' FOR SHORT] AMOUNTING TO RS. 12 000/ - WHICH WAS CONFIRMED BY THE LD. CIT(A). 7. I HAVE HEARD THE RIVAL SU BMISSIONS AND HAVE PERUSED THE RELEVANT MATERIAL ON RECORD. THE ASSESSEE HAS PRODUCED THE NECESSARY RECEIPTS WHICH ARE ON RECORD. THE ASSESSEE HAS CLAIMED DEDUCTION OF RS. 79 849/ - FOR WHICH NECESSARY RECEIPTS ARE AVAILABLE AT PAGES 2 21 TO 28 OF THE PAPER BOOK. NO DEFECTS IN THE SAME HAVE BEEN POINTED OUT AND ACCORDINGLY THE LD. CIT(A) IS NOT JUSTIFIED IN CONFIRMING THE ADDITION MADE BY THE ASSESSING OFFICER AND THE SAME IS DIRECTED TO BE DELETED. THUS GROUND NO. 3 IS ALLOWED. 8 . IN THE RESULT THE APPEAL OF THE ASSESSEE IN ITA NO. 4722 /DEL/2017 IS ALLOWED . THE ORDER IS PRO NOUNCED IN THE OPEN COURT ON 29 . 1 1 .2017. SD/ - [B.P. JAIN] ACCOUNTANT MEMBER DATED: 29 TH NOVEMBER 2017 VL/ 5 COPY FORW ARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR ITAT NEW DELHI