Smt. Dhanwant Kaur, New Delhi v. ACIT, New Delhi

ITA 4759/DEL/2009 | 2005-2006
Pronouncement Date: 19-02-2010 | Result: Allowed

Appeal Details

RSA Number 475920114 RSA 2009
Assessee PAN OWNED2708G
Bench Delhi
Appeal Number ITA 4759/DEL/2009
Duration Of Justice 2 month(s) 3 day(s)
Appellant Smt. Dhanwant Kaur, New Delhi
Respondent ACIT, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 19-02-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 19-02-2010
Date Of Final Hearing 16-02-2010
Next Hearing Date 16-02-2010
Assessment Year 2005-2006
Appeal Filed On 16-12-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B NEW DELHI BEFORE SHRI RAJPAL YADAV JUDICIAL MEMEBR AND SHRI R.C. SHARMA ACCOUNTANT MEMBER I.T.A NO. 4759/DEL/09 ASSESSMENT YEAR 2005-06 SMT. DHANWANT KAUR C-15 JANGPURA EXTN. NEW DELHI. VS. ASSTT. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-17 NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI SANJEEV JAIN CA RESPONDENT BY: SHRI STEPHEN GEORGE CIT DR ORDER PER RAJPAL YADAV JM: THE ASSESSEE IS IN APPEAL BEFORE US AGAINST THE OR DER OF LD. CIT (A) DATED 13 TH NOVEMBER 2009 PASSED FOR ASSTT. YEAR 2005-06. TH E GRIEVANCE OF THE ASSESSEE IS THAT LD. CIT(A) HAS ER RED IN CONFIRMING THE ADDITION OF RS. 3 74 400/-. 2. THE BRIEF FACTS OF THE CASE ARE THAT ASSESSEE HA S FILED HER ORIGINAL RETURN OF INCOME ON 22 ND NOVEMBER 2005 DECLARING A TOTAL INCOME OF RS. 1 57 270/-. A SEARCH AND SEIZURE OPERATION WAS COND UCTED BY THE ITA NO. 4759/DEL/09 ASSTT. YEAR 2005-06 2 REVENUE IN THE CASE OF BDR GROUP OF CASES ON 11.10. 2006. THE RESIDENCE OF THE ASSESSEE AT C-15 JANGPURA EXTENSI ON NEW DELHI WAS ALSO COVERED UNDER SEARCH OPERATION. CONSEQUENT TO THE SEARCH NOTICE U/S 153A WAS ISSUED UPON THE ASSESSEE WHEREBY SHE W AS DIRECTED TO FILE RETURN OF INCOME FOR THE SIX ASSTT. YEARS. WHI LE FRAMING THE ASSTT. FOR THE PRESENT ASSTT. YEAR AO FOUND THAT ASSESSEE HAS RECEIVED CASH OF RS. 3 74.400/- FROM SALE OF JEWELLERY. HE DIRECTED THE APPELLANT TO FILE DETAILS OF JEWELLERY SOLD THEIR COST VALUE ALONGWITH DOCU MENTARY EVIDENCE SUBSTANTIATING FACTUM OF SALE OF JEWELLERY . IN RES PONSE TO THE QUERY OF AO ASSESSEE FILED PHOTOCOPY OF A SALE BILL ON THE L ETTER HEAD OF ONE M/S. DHERA SINGH & SONS OF ADALAT BAZAR PATIALA PUNJAB EXHIBITING PURCHASE OF JEWELLERY AMOUNTING TO 768 GMS FOR A CO NSIDERATION OF RS. 374400/-. THE EVIDENCE SUBMITTED BY THE ASSESSEE HA S BEEN BELIED BY THE AO ON THE GROUND THAT SALE PROCEEDS WAS RECEIVE D BY THE ASSESSEE IN CASH. THE ALLEGED SALE BILL IS NOT BEARING SALE TAX NUMBER ETC. HE MADE AN ADDITION OF RS. 374400/- ON ACCOUNT OF UNEX PLAINED CASH. 3. BEFORE LD. CIT(A) ASSESSEE MOVED AN APPLICATION FOR PERMISSION TO ADDUCE ADDITIONAL EVIDENCE U/S 46A OF THE INCOM E TAX ACT 1962. IN THE ADDITIONAL EVIDENCE SHE SOUGHT TO PRODUCE COPY OF A BILL EXHIBITING SALE TAX NUMBER AND OTHER DETAILS OF THE PURCHASER. SHE CONTENDED BEFORE THE LD. CIT(A) THAT IN ASSTT. YEAR 2003-04 S HE HAD SOLD A JEWELLERY ITA NO. 4759/DEL/09 ASSTT. YEAR 2005-06 3 OF RS. 1 79 580/- TO M/S. DHERA SINGH & SONS. SIMIL AR BILL WAS PRODUCED BEFORE THE AO AND HE ACCEPTED THE BILL IN A SCRUTIN Y ASSTT. MADE U/S 153A OF THE ACT. THE AO DID NOT MAKE ANY ADDITION. THUS SIMILAR TREATMENT BE GIVEN IN THE PRESENT YEAR. IT WAS FURT HER CONTENDED THAT AS ON 31 ST MARCH 2004 ASSESSEE OWNED 2708 GMS OF JEWELLERY. SHE HAD DECLARED A JEWELLERY OF 1940 GMS AS ON 31 ST MARCH 2005 AFTER SALE OF 760 GMS. ALL THESE DETAILS DO INDICATE THAT ASSESSE E HAS SOLD THE JEWELLERY AND HAD NOT PLANNED THE CLAIM AFTER THE S EARCH. LD. CIT(A) REJECTED THE CONTENTION OF THE ASSESSEE. ACCORDING TO HIM HAD THE BILL CONTAINING SALES TAX NUMBER WAS ISSUED ORIGINALLY C LAIMED BY THE ASSESSEE THEN IT COULD HAVE BEEN FILED AT THE FIRST INSTANCE. THE SECOND BILL SOUGHT TO BE PLACED ON RECORD BY THE ASSESSEE BY WAY OF AN ADDITIONAL EVIDENCE WAS NOT ISSUED ORIGINALLY BUT I T IS BACKDATED. ACCORDING TO THE LD. CIT (A) ASSESSEE HAS NOT FILED WEALTH TAX RETURN AND THEREFORE IN THE PAST SHE HAD NOT SHOWN POSSESSION OF JEWELLERY AS CLAIMED IN THE RETURN. 4. LD. COUNSEL FOR THE ASSESSEE REITERATED HIS CONT ENTION AS WERE RAISED BEFORE THE AO. ON THE OTHER HAND LD. DR RELI ED UPON THE ORDER OF LD. CIT (A). 5. WE HAVE DULY CONSIDERED THE RIVAL CONTENTION AND GONE THROUGH THE RECORD CAREFULLY. ASSESSEE IS AN OLD LADY OF 71 YEARS. FOR THE ASSTT. ITA NO. 4759/DEL/09 ASSTT. YEAR 2005-06 4 PROCEEDINGS UNDERTAKEN U/S 153A FROM ASSTT. YEAR 20 01-02 TO ASSTT. YEAR 2007-08 SHE HAD FILED COPY OF STATEMENT OF NET ASSE TS ALONG WITH THE CAPITAL ACCOUNT WHICH HAVE BEEN DULY ACCEPTED BY TH E AO IN EACH OF THE PROCEEDING YEARS. AS ON MARCH 31 2004 SHE OWNED 27 08 GMS OF JEWELLERY AS PER DESCRIPTION GIVEN IN THE DETAILS O F JEWELLERY FILED BEFORE THE AO. THE AO HAS COMPLETED THE ASSTT. FOR 2004-05 ON THE BASIS OF THE SAME. HE HAS ACCEPTED THE POSSESSION OF THE JEWELLE RY. THE TOTAL JEWELLERY DECLARED AS ON 31 ST MARCH 2005 IS ONLY 1940 GMS. THIS CLAIM IS AFTER THE CLAIM OF SALE OF JEWELLERY OF 768 GMS. NOW THE AO HAS ACCEPTED THE OPENING BALANCE OF THE JEWELLERY IN ON E ASSTT. YEAR THEN IT IS NOT OPEN FOR HIM TO DISPUTE THE CLOSING BALANCE OF THE JEWELLERY. IN CASE THIS ADDITION IS CONFIRMED THEN CONSEQUENTLY THE TO TAL JEWELLERY AVAILABLE WITH ASSESSEE AS ON 31 ST MARCH 2005 WOULD BE 1940 GMS + 768 GMS WHICH IS NOT WITH THE ASSESSEE. APART FROM THE ABOV E IN ASSTT. YEAR 2003- 04 AO HIMSELF ACCEPTED THE SALE OF JEWELLERY TO M/S . DHERA SINGH & SONS ON THE BASIS OF IDENTICAL BILLS BUT IN THIS AS STT. YEAR HE DID NOT GIVE SIMILAR TREATMENT TO THE SIMILAR DOCUMENT. TAKING I NTO CONSIDERATION ALL THESE FACTORS WE ARE OF THE OPINION THAT ASSESSEE H AS EXPLAINED AVAILABILITY OF CASH IN HER BOOKS I.E. SALE PROCEE DS OF THE JEWELLERY. IN VIEW OF THE ABOVE DISCUSSION WE ALLOW THE APPEAL OF ASSESSEE AND DELETE THE ADDITION. ITA NO. 4759/DEL/09 ASSTT. YEAR 2005-06 5 ORDER PRONOUNCED IN THE OPEN COURT ON 19.2.10. [R.C. SHARMA] [RAJPAL YADAV] ACCOUNTANT MEMBER JUDICIAL MEMBER VEENA DATED: COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR ITAT TRUE COPY BY ORDER DEPUTY REGISTRAR ITAT