MS ANJU MAHAJAN,NEW DELHI vs. ITO, NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the cash deposits reflected in the cash book should be deleted. It also directed the deletion of additions related to PRV Sales, credit from N.K. Mahajan, and amounts received from R.K. Apartments & Monika Mahajan, finding them duly supported by evidence and accepted in prior assessment years.
What were the facts?
The assessee declared income and later faced additions on account of cash deposits, PRV Sales, credit from N.K. Mahajan, and amounts received from R.K. Apartments & Monika Mahajan. The assessee provided explanations and documentation for these transactions.
What were the issues?
Whether the additions made by the AO on account of unexplained cash deposits, sundry creditors, and loans were justified, and if the assessee had provided sufficient evidence to substantiate the same.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI
Before: Sh. Saktijit DeyDr. B. R. R. Kumar
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by the assessee against the order of ld. CIT(A)-17, New Delhi dated 11.03.2016.
The assessee filed return of income on 30.03.2010 declaring income of Rs.6,76,727/-. The assessee derives remuneration, interest profit from M/s SPS Movers & Lifter, Capital Gain and income from other sources.
Cash Deposit:
Information has been received by the revenue from Oriental Bank of Commerce with regard to cash deposit of Rs.55,87,000/-.
The assessee has produced cash statement which is as under:
Tabulated cash statement for the period 1.4.2008 to 31.3.2009 MRS. ANJU MAHAJAN DATE AMOUNT SOURCES 19.04.2008 250000 Cash Deposited from Op. Cash in hand as per statement of affairs as on 31.03.2008 19.04.2008 250000 Cash Deposited from Op. Cash in hand as per statement of affairs as on 31.03.2008 19.04.2008 300000 Cash withdrawn from SPS Movers & Lifters CA No 1192 (Wherein Anju Mahajan one of the partner) and deposited in Saving Bank A/c 1769 06.05.2008 400000 Cash withdrawn from SPS Movers & (Lifters CA Mo 1192 (Wherein Anju Mahajan one of the partner) and deposited in Saving Bank A/c 1769 08.05.2008 300000 Cash withdrawn from SPS Movers & (Lifters CA No 1192 (Wherein Anju Mahajan one of the partner) and deposited in Saving Bank A/c 1769 22.05.2008 280000 Cash Withdrawn from SB 10723 with ING Vysya Bank and deposit in SB A/c 1769 OBC 26.05.2008 900000 Cash Withdrawn from SB 10723 with ING Vysya Bank and deposit in SB A/c 1769 OBC 27.05.2008 200000 Cash Withdrawn from SB 10723 with ING Vysya Bank and deposit in SB A/c 1769 OBC 30.06.2008 800000 Cash withdrawn from H. R. TRADERS (Wherein Anju Mahajan one of the partner) and deposited in Saving Bank A/c 1769 11.07.2008 25000 Cash Withdrawn from SB 10723 with ING Vysya Bank and deposit in SB A/c 1769 OBC 18.07.2008 112000 Cash deposited from cash in hand as per cash book and Stamp Duty Paid on 18.07.2008 09.08.2008 350000 Cash Withdrawn from SB 10723 with ING Vysya Bank and deposit in SB A/c 1769 OBC 16.09.2008 150000 Cash Withdrawn from SB 10723 with ING Vysya Bank and deposit in SB A/c 1769 OBC 14.10.2008 25000 Cash deposited from cash in hand as per cash book 26.11.2008 300000 Cash deposited from cash in hand as per cash book 03.12.2008 300000 Cash deposited from cash in hand as per cash book 04.12.2008 502000 Cash deposited from cash in hand as per cash book 21.01.2009 5000 Cash deposited from cash in hand as per cash book TOTAL 5449000
In the remand report, the AO has accepted Rs.44,49,000/- and the balance amount of Rs.11,38,000/- has been confirmed by the ld. CIT(A).
We have gone through the cash book submitted before us and find that Rs.11,38,000/- has also been duly reflected in the cash book from where the deposits have been made. Hence, we direct that the amount be deleted. The ground nos. 2 & 2.1 being interrelated are allowed.
PRV Sales Rs.6,00,000:
The AO made addition alleging that the sundry creditor namely, PRV Sales Corporation as a bogus entry. The said entity was a proprietorship concern of her husband and during the assessment proceedings vide letter dated December 23, 2011 had filed the confirmation along with the income tax particulars from the said creditor. The same has been annexed at page 64 of the paper book and already examined by the AO in the remand proceeding. Further, at page 53-54 of the paper book, the assessee has annexed the assessment order for A.Y. 2008-09, wherein the AO has examined the said creditor and accepted it. Hence, the addition is directed to be deleted.
Credit received from N.K. Mahajan:
The assessee received loan of Rs.18,18,000/- during the assessment year under appeal and the balance amount of Rs.12,75,000/- was received in the previous year and the same has been accepted by the AO in the assessment proceedings completed for A.Y. 2008-09. Copy of the order is (pages 53-54 of the PB) examined. Copy of confirmation from Mr. N. K. Mahajan along with the Income Tax particulars has been produced. No adverse interference has been drawn by the revenue except holding that the creditworthiness has not been proved. Since, the same amount has been accepted for the A.Y. 2008-09 received by the same person. In the absence of any contrary material, no addition is called for.
Amount received from R.K. Apartments & Monika Mahajan:
The facts reveal that the assessee has repaid an amount of Rs.12,00,000/-to her sister-in-law, Ms. Monika Mahajan out of the total loan outstanding amount of Rs.18,12,500/-. It was argued that there was no actual repayment of loan but only a journal entry was passed whereby an amount paid to R.K. Apartments for booking of flat was taken over by Ms. Monika Mahajan and the same was adjusted in her account. The said advance paid to R.K. Apartments as well as the loan outstanding from Ms. Monika Mahajan has been accepted by the same AO in the Assessment Order passed for the A.Y. 2008-09. The assessee has furnished a confirmation along with the income tax particulars of the said creditor vide letter dated December 23, 2011 during the assessment proceeding. The assessee during the proceeding before us had filed the certificate from ING Vyasa Bank demonstrating that the amount of Rs.12,00,000/- was paid through cheque during the financial years 2004-05 and 2005-06. Hence, keeping in view the entire factual matrix, we hereby delete the addition made by the AO.
In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 20/04/2022.
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