LATE SMT. MOHINI PURI THROUGH,JAMMU vs. THE INCOME-TAX OFFICER, JAMMU

ITA 76/ASR/2013Status: DisposedITAT Amritsar25 March 2019AY 2004-059 pages
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What did the Tribunal hold?

The Tribunal held that the Rs. 16 lacs could not be assessed as unexplained income in the assessee's hands as there was no evidence of the shop's sale or receipt of cash by the assessee. However, the capital loss claimed on the sale was also disallowed due to lack of evidence. The addition of Rs. 1,44,124 was confirmed as the assessee failed to substantiate the source of the bank deposits.

What were the facts?

The assessee's appeal was delayed due to her critical medical condition and subsequent death. The primary issue concerned the assessment of Rs. 16 lacs as unexplained income, claimed by the assessee to be sale proceeds of her deceased son's shop. Another issue involved unexplained credit entries of Rs. 1,44,124 in her bank account.

What were the issues?

Whether the reassessment proceedings were validly initiated considering the service date of the notice u/s 148. Whether Rs. 16 lacs received by the assessee constituted unexplained income or sale proceeds of a shop, and whether a capital loss could be claimed. Whether credit entries in the bank account were adequately explained.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 148,Section 149,Section 69A,Section 68,Section 10(34D)

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Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR (SMC

Before: SH. SANJAY ARORA

Hearing: 26.02.2019Pronounced: 29.03.2019

Per Sanjay Arora, AM: This is an Appeal by the Assessee arising out of the Order by the Commissioner of Income Tax (Appeals), Jammu ('CIT(A)' for short) dated 27.07.2012, partly allowing the assessee’s appeal contesting her assessment u/s. 143(3) r/w s.147 of the Income Tax Act, 1961 ('the Act' hereinafter) dated 29.12.2011 for the Assessment Year (AY) 2004-05. 2. At the outset, it was observed that the appeal is delayed by a period of 120 days, having been presented on 04.02.2013 as against the due date of 06.02.2012. A chronological chart from the date of receipt of the impugned order (08.8.2012) to the date of the dispatch of the appeal to the ITAT, Amritsar (from Jammu), is enclosed along with the condonation application dated 01.6.2013,

The order continues below.

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