SHRI BHAWAR SINGH CHOUHAN, INDORE,INDORE vs. ITO 1 (2), INDORE

PER MANISH BORAD, AM.

The above captioned appeal is filed at the instance of

assessee pertaining to Assessment Year 2009-10 and is

directed against the orders of Ld. Commissioner of Income Tax

(Appeals)-I (in short ‘Ld.CIT(A)’], Indore dated 15.03.2017 which

is arising out of the order u/s 143(3)/147 of the Income Tax Act

1961(In short the ‘Act’) dated 27.03.2014 framed by ITO-1(2),

Indore.

Bhanwar Singh Chauhan ITA No.442/Ind/2017 2. Assessee has raised following grounds of appeal;

“1. Addition of Rs. 23,00,000 uls 68:That the Assessing Officer erred in making addition and CIT(A) erred in confirming the addition of Rs. 23,00,0001- U/S 68 on account: of Loans and Advances given by Sunita and Shakuntala Chauhan to others in the earlier years were received back through cash route during the financial year 2008-2009 and deposited in Union bank of India i.e. Rs. 11,40,000/- and Rs. 11,60,000/-. respectively. The amount of advances received back was of Sunita and ShakuntalaChauhan and not of the assessee hence shall not be added in the income of assessee. Thus, the addition is wrong, illegal and unlawful, looking at the facts of the case and in the eyes of law, hence; needs to be deleted.

for setting aside all the issues raised in this appeal to the file of

Learned Assessing Officer (In short Ld.A.O) for denovo

Bhanwar Singh Chauhan ITA No.442/Ind/2017 adjudication pleading that the nexus of the alleged additions

made u/s 68 of the Act at Rs.23,00,000/- and Rs.49,92,000/-

with regard to the advances given for the purposes of loan as

well as for the purchase of agricultural land relates to the

preceding financial year’s and the alleged sum were received

back during the financial year 2008-09 i.e. Assessment Year

2009-10. He further pleaded that the statement of affairs and

capital account were placed before the Ld.A.O for preceding

years and statements were also recorded.

supported the orders of both the lower authorities, did not

opposed to the request made by Ld. Counsel for the assessee

for setting aside the matter to the file of Ld.A.O.

placed before us.

Ld.A.O which stands confirmed by Ld.CIT(A) relating to the

unexplained credit u/s 68 of the Act at Rs.23,00,000/- from

Bhanwar Singh Chauhan ITA No.442/Ind/2017 Mrs. Sunita Chouhan and Shakuntala Chouhan at

Rs.11,40,000/- and Rs.11,60,000/- respectively. Assessee is

also aggrieved with the addition u/s 68 of the Act at

Rs.49,92,000/- made by the Ld.A.O for the alleged amount

received from Shri Bahadur Singh Dabi. Ld. Counsel for the

assessee contended that as regards the amount of

Rs.23,00,000/- received from Mrs. Sunita Chouhan and

Shakuntala Chouhan is concerned, the alleged sum was given

as loan and advance by the assessee in the earlier years and

the same was received back in cash during Financial Year

2008-09. Similarly as regards the alleged addition of

Rs.49,92,000/- made u/s 68 of the Act is concerned, the

amount was given as advance for purchase of agricultural land

on 5.1.2008 jointly by the assessee and his wife. It was

strongly pleaded by the Ld. Counsel for the assessee that the

alleged cash credits are not fresh cash credit during the year

rather these sums were given by the assessee and his wife in

the preceding years and the alleged sum were received back

during the year. The request for giving one more opportunity to

go before the Ld.A.O for fresh adjudication has been made by 4

Bhanwar Singh Chauhan ITA No.442/Ind/2017 the Ld. Counsel for the assessee which goes unopposed by the

Departmental Representative.

case and in the interest of justice, give one more opportunity to

the assessee and accordingly set aside the order of Ld.CIT(A)

and restore the matters raised in Ground No.1 & 2 to the file of

Ld.A.O for denovo adjudication in the light of various

documents, statement of affairs, capital account, statements of

Mrs. Sunita Chouhan, Shakuntala Chouhan and Shri

Bahadur Singh Dabi. Ld.A.O shall also verify the contentions

made by the assessee and thereafter decide the issues

accordingly. Ld. A.O should also carry necessary investigation

to satisfy about the source of agricultural income claimed by

the assessee which has been accumulated since last many

years and the alleged accumulated funds were used to provide

loans and also to provide advance for purchase of agricultural

land. Needless to mention that proper opportunity of being

heard should be given to the assessee.

Bhanwar Singh Chauhan ITA No.442/Ind/2017 8. In the result appeal of the assessee is allowed for

statistical purpose.

The order pronounced in the open Court on 27.11.2018.

Sd/- Sd/-

( KUL BHARAT) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER �दनांक /Dated : 27 November, 2018 /Dev

Copy to: The Appellant/Respondent/CIT concerned/CIT(A) concerned/ DR, ITAT, Indore/Guard file.

By Order, Asstt.Registrar, I.T.A.T., Indore