Kum. Megha Khandelwal,, Indore v. The I.T.O., Indore

ITA 61/IND/2010 | 2001-2002
Pronouncement Date: 25-02-2010 | Result: Allowed

Appeal Details

RSA Number 6122714 RSA 2010
Assessee PAN ATJPK3330L
Bench Indore
Appeal Number ITA 61/IND/2010
Duration Of Justice 17 day(s)
Appellant Kum. Megha Khandelwal,, Indore
Respondent The I.T.O., Indore
Appeal Type Income Tax Appeal
Pronouncement Date 25-02-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 25-02-2010
Date Of Final Hearing 24-02-2010
Next Hearing Date 24-02-2010
Assessment Year 2001-2002
Appeal Filed On 08-02-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL INDORE SMC BENCH INDORE BEFORE SHRI JOGINDER SINGH JUDICIAL MEMBER ITA NO.61/IND/2010 ASSESSMENT YEAR 2001-02 KUM. MEHGA KHANDELWAL 7/4 MEGHA NAGAR INDORE (PAN ATJPK 3330 L) .APPELLANT VS INCOME TAX OFFICER 5(3) INDORE .RESPONDENT APPELLANT BY : SHRI PRAKASH JAIN CA RESPONDENT BY : SMT. APARNA KARAN SR. DR O R D E R THIS APPEAL IS BY THE ASSESSEE AGAINST THE ORDER O F THE LEARNED FIRST APPELLATE AUTHORITY DATED 30.11.2009 ON THE FOLLOW ING GROUNDS: 1. THAT IMPUGNED ORDER PASSED BY THE LD. CIT(A) IS BAD IN LAW AS WELL AS ON THE FACTS. IT IS BASED ON INCORRECT INTE RPRETATION OF LAW AND THE FACTS HAVE ALSO BEEN INCORRECTLY CONSTR UED. 2. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN UPHOLDING THE A.O. ACTION IN RESPECT OF REOPENING O F CASE U/S 147/148 OF THE INCOME TAX ACT WHICH IS ILLEGAL BA D IN LAW AND WITHOUT JURISDICTION. THE ORDER SO PASSED ON THE BA SIS OF THE NOTICE ISSUED U/S 148 THEREFORE REQUIRES TO BE QUA SHED. 3. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN UPHOLDING THE A.O. ACTION IN RESPECT OF MAKING ADDI TION U/S 68 OF RS.3 46 135/- IN RESPECT OF GIFT RECEIVED THROUGH B ANKING CHANNEL FROM HER MAUSI (MOTHERS REAL SISTER) WITHO UT APPRECIATING THE FACTS OF THE CASE AND SUBMISSION M ADE BEFORE HIM. 2. DURING THE HEARING OF THE APPEAL THE FIRST GROU ND WAS ARGUED TO BE GENERAL IN NATURE THEREFORE REQUIRES NO DELIBERAT ION FROM MY SIDE. THE NEXT GROUND PERTAINS TO UPHOLDING THE REOPENING OF CASE U/S 147/148 OF THE ACT. THE CONTENTION RAISED ON BEHALF OF THE ASS ESSEE IS THAT THIS ISSUE IS COVERED BY THE DECISION IN ITO VS. SHRI PUNIT AG RAWAL (ITA NOS.197 & 198/IND/2007). IT WAS ALSO PLEADED THAT THE LANGUAG E USED IN THE SEC. IS REASON TO BELIEVE AND NOT REASON TO SUSPECT. MY ATT ENTION WAS ALSO INVITED TO THE REASONS RECORDED BY THE LD. ASSESSING OFFICE R. ON THE OTHER HAND THE LD. SR. DR STRONGLY DEFENDED THE REOPENING OF T HE CASE BY CONTENDING THAT ONUS IS ON THE ASSESSEE AND SECONDLY THE ASSE SSING OFFICER HAS EVERY RIGHT TO REOPEN THE ASSESSMENT. I HAVE CONSIDERED THE RIVAL SUBMISSIONS OF LD. REPR ESENTATIVES OF BOTH SIDES AND PERUSED THE MATERIAL AVAILABLE ON TH E FILE. BEFORE COMING TO ANY CONCLUSION I AM REPRODUCING HEREUNDER (PAGE 1 OF THE PAPER BOOK) THE REASONS RECORDED BY THE LD. ASSESSING OFFICER. REASON FOR ISSUE OF NOTICE U/S 148 OF THE I.T. ACT 1961 17/06/2005 NAME OF THE ASSESSEE:- KU. MEGHA KHANDE LWAL 7/4 MAHESH NAGAR INDORE ASSESSMENT YEAR : 2001-2002 THE ASSESSEE HAS FILED RETURN OF INCOME ON 31.3.20 03 FOR ASSESSMENT YEAR 2002-03 FROM THE PERUSAL OF CAPITAL ACCOUNT FOR AS SESSMENT YEAR 2001-02 FILED ALONGWITH RETURN OF INCOME FOR ASSESSMENT YEAR 2002- 03 IT IS SEEN THAT THE ASSESSEE HAS RECEIVED GIFT FROM NON-RESIDENT SMT. S ARLA KANOONGO ON THREE DIFFERENT OCCASIONS AS UNDER: 1. NRE GIFT OF RS.1 46 000/- ON 4.10.2000 2. NRE GIFT OF RS.1 32 585/- ON 13.11.2000 3. NRE GIFT OF RS.67 550/- ON 13.10.2001 TOTAL: RS.3 46 135/- THE ASSESSEE HAS ALSO RECEIVED NRE GIFT FROM SAME SM T. SARLA KANOONGO ON THREE DIFFERENT OCCASIONS AMOUNTING TO RS.4 00 0 00/- DURING THE ASSESSMENT YEAR 2002-03 THE RECEIPT OF THE GIFT SHOWS THAT IT IS NOT IN THE COURSE OF NORMAL HUMAN CONDUCT AND ASSESSEES OWN INCOME HAS BEEN BR OUGHT BACK IN THE GARB OF GIFT THEREFORE I HAVE REASON TO BELIEVE INCOME OF RS.3 46 135/- HAS CHARGEABLE OF GIFT HAS ESCAPED ASSESSMENT. ACCORDINGLY NOTICE UNDER SECTION 148 OF THE INCOME TAX ACT IS ISSUED. INDORE/DT.17.06.2005 SD/- ITO-5(3) INDORE THE LD. COUNSEL FOR THE ASSESSEE CONTENDED THAT TH E AFORESAID AMOUNT OF GIFT RECEIVED THROUGH BANKING CHANNEL WA S DULY SHOWN IN THE RETURN FILED ON 13.7.2005 FOR WHICH MY ATTENTION WA S INVITED TO PAGE 1 OF THE PAPER BOOK. THE ASSESSEE ALSO INVITED MY ATTENT ION TO THE COPY OF THE PASSPORT 3. 4. 5. ORDER PRONOUNCED IN THE OPEN COURT ON 25.2.2010 . (JOGINDER SINGH) JUDICIAL MEMBER FEBRUARY 25TH 2010 COPY TO APPELLANT RESPONDENT CIT CIT(A) DR GU ARD FILE