Shri Kishan Lal Soni L/H of Late Sh. Jiyalal Soni, JODHPUR v. DCIT, JODHPUR

ITSSA 7/JODH/2009 | misc
Pronouncement Date: 30-11-2011 | Result: Partly Allowed

Appeal Details

RSA Number 723316 RSA 2009
Assessee PAN GHING1415G
Bench Jodhpur
Appeal Number ITSSA 7/JODH/2009
Duration Of Justice 2 year(s) 7 month(s) 14 day(s)
Appellant Shri Kishan Lal Soni L/H of Late Sh. Jiyalal Soni, JODHPUR
Respondent DCIT, JODHPUR
Appeal Type Income Tax (Search & Seizure) Appeal
Pronouncement Date 30-11-2011
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted DB
Tribunal Order Date 30-11-2011
Date Of Final Hearing 29-11-2011
Next Hearing Date 29-11-2011
Assessment Year misc
Appeal Filed On 16-04-2009
Judgment Text
1 ITSSA 7-09 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH JODHPUR. ( BEFORE SHRI R.K. GUPTA AND SHRI N.L. KALRA ) ITSSA NO. 7/JODH/2009 BLOCK PERIOD : 1.4.1986 TO 7.2.1999. SHRI KISHAN LAL SONI VS. THE DCIT CIRCLE-II L/H OF LATE SHRI JIYA LAL SONI JODHPUR. SHEOGANJ. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI U.C. JAIN RESPONDENT BY : SHRI SUNIL MATHUR DATE OF HEARING : 29.11.2011 DATE OF PRONOUNCEMENT : 30.11.2011. ORDER DATED : 30.11.2011. PER R.K. GUPTA J.M. THIS IS AN APPEAL BY ASSESSEE AGAINST THE ORDER OF LD. CIT (A) RELATING TO BLOCK PERIOD 1.4.1986 TO 7.2.2009. 2. THIS IS THE SECOND ROUND OF THE DISPUTE HERE BEF ORE THE TRIBUNAL. 3. THE ONLY ISSUE IN APPEAL OF THE ASSESSEE IS AGAI NST SUSTAINING ADDITION OF RS. 30 000/- ON ACCOUNT OF DEPOSIT IN BANK ACCOUNT OF S MT. JADAV DEVI AND SUSTAINING ADDITION OF RS. 3 87 878/- IN RESPECT OF GOLD ORNAM ENTS WEIGHING 786.15 GRAMS WHICH WAS CLAIMED BELONGING TO CUSTOMERS. 4. THE ASSESSING OFFICER MADE ADDITION OF RS. 30 00 0/- BY OBSERVING THAT ASSESSEE HAS NOT FURNISHED ANY EXPLANATION THEREFORE THE D EPOSIT IN THE BANK ACCOUNT WAS TREATED AS UNEXPLAINED. IT WAS CLAIMED BEFORE LD. CIT (A) THAT ASSESSEE HAS WITHDRAWN A SUM OF 2 RS. 32 000/- FROM THE BANK ACCOUNT OF WIFE ON 3.1.1 986 BY SELF CHEQUE AND SUBSEQUENTLY OUT OF THIS AMOUNT A SUM OF RS. 30 000/- WAS REDEP OSITED ON 8.11.1986 IN THE SAME BANK ACCOUNT. THE LD. CIT (A) DID NOT AGREE WITH THE EX PLANATION OF THE ASSESSEE THAT THE SAME AMOUNT WAS AVAILABLE WITH THE ASSESSEE THEREFORE HE CONFIRMED THE ACTION OF THE ASSESSING OFFICER. 5. AFTER CONSIDERING THE SUBMISSIONS AND THE ORDERS OF THE AUTHORITIES BELOW WE FIND THAT ASSESSEE DESERVES TO SUCCEED IN THIS GROUND. THERE IS NO DISPUTE THAT A SUM OF RS. 32 000/- WAS WITHDRAWN ON 3.1.1986. NO WHERE IT IS ESTABLISHED THAT THIS AMOUNT WAS UTILIZED SOMEWHERE ELSE. THEREFORE BENEFIT OF DOU BT GOES TO THE ASSESSEE THAT THE SAME AMOUNT WAS AVAILABLE FOR REDEPOSITING IN THE BANK A CCOUNT IN THE MONTH OF NOVEMBER 1986. ACCORDINGLY WE DELETE THE ADDITION OF RS. 30 000/-. 6. REGARDING ADDITION OF RS. 3 87 878/- THE ASSESS ING OFFICER BY FOLLOWING THE DIRECTION OF THE TRIBUNAL ALLOWED OPPORTUNITY TO TH E ASSESSEE TO ADDUCE EVIDENCE. DURING THE REASSESSMENT PROCEEDINGS THE ASSESSEE COULD FUR NISH EVIDENCE IN RESPECT OF GOLD WEIGHING 1415 GRAMS AND 315 GRAMS AND THE SAME WERE HELD AS EXPLAINED. HOWEVER REGARDING REMAINING 786 GRAM NO EVIDENCE COULD BE ADDUCED THEREFORE ASSESSING OFFICER MADE THE IMPUGNED ADDITION. THE LD. CIT (A ) ALSO CONFIRMED THE ACTION OF THE ASSESSING OFFICER. 7. THE LD. COUNSEL OF THE ASSESSEE FILED WRITTEN SU BMISSIONS. 8. ON THE OTHER HAND THE LD. D/R PLACED RELIANCE O N THE ORDERS OF THE ASSESSING OFFICER AND LD. CIT (A). 9. AFTER CONSIDERING THE SUBMISSIONS WE FIND THAT ASSESSEE DESERVES TO SUCCEED IN THIS GROUND IN PART. HERE BEFORE US THERE IS NO C ONCRETE EVIDENCE IN RESPECT TO AVAILABILITY 3 OF THIS GOLD ORNAMENTS WEIGHING 786 GRAM. HOWEVER WE FIND THAT THE GOLD RATE APPLIED BY ASSESSING OFFICER AND LD. CIT (A) IS ON HIGHER S IDE. IN FACT ORIGINALLY THE ASSESSING OFFICER APPLIED GOLD RATE AT RS. 4500/- PER 10 GRAM AND THE TRIBUNAL HAS DIRECTED TO APPLY THE RATE OF RS. 4016/- PER 10 GRAM. IF THIS RATE I S TAKEN INTO CONSIDERATION THEN THERE SHOULD BE RELIEF OF RS. 72 160/-. THEREFORE TO TH IS EXTENT WE DELETE THE ADDITION AND THE REMAINING ADDITION IS SUSTAINED. 10. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWE D IN PART. 11. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 30 .11.2011. SD/- SD/- ( N.L. KALRA ) ( R.K. GUPTA ) ACCOUNTANT MEMBER JUDICIAL MEMBER JODHPUR COPY FORWARDED TO :- SHRI KISHAN LAL SONI SHEOGANJ. THE DCIT CIRCLE-II JODHPUR. THE CIT (A) THE CIT THE D/R GUARD FILE (ITSSA NO. 7/JODH/2009 ) BY ORDER AR ITAT JODHPUR.