SMT. ASHA PARWANI,BHOPAL vs. THE ITO 3(1), BHOPAL

आदेश / O R D E R

PER MANISH BORAD, A.M

This appeal filed by the assessee pertaining to A.Y. 2008-09 is

directed against the order of Ld. Commissioner of Income

Tax(Appeals)-II, Bhopal (in short ‘CIT(A)’), vide appeal No. CIT(A)-

II/BPL/IT-297/2010-11 order dated 17.12.2013 which is arising

out of the order u/s 143(3) of the Income Tax Act 1961(hereinafter

called as the ‘Act’) framed on 28.12.2010 by ITO 3(1), Bhopal.

Smt. Asha Parwani ITA No. 174/Ind/2014 2. Briefly stated, the facts, as culled out from record, are that the

assessee is an Individual engaged in trading business. Income of

Rs. 1,93,150/- declared in the return of income filed on 23.7.2008.

Case selected for scrutiny through CASS. Necessary notices u/s

143(2) and 142(1) of the Act duly served upon the assessee. The

learned Assessing Officer on the basis of ITS information came to

the conclusion that the assessee has not disclosed interest income

of Rs.3,96,850/- and also could not explain the source of cash

deposit of Rs.3,50,900/- in the savings bank account held with

Vijaya Bank. The learned Assessing Officer accordingly made

additions for the aforesaid two amounts relating to interest income

and cash deposit as well as minor addition of Rs. 3244/- for the

amount of TDS and assessed the income at Rs. 9,44,194/-.

Income Tax (Appeals) brought part relief to the assessee. Now the

assessee is in appeal before the Tribunal raising the following

grounds of appeal :-

Smt. Asha Parwani ITA No. 174/Ind/2014 (i) That on the facts and in the circumstances of the case, the order

of the learned lower authorities are vitiated on several grounds,

hence the same may kindly be quashed.

(ii) That the various finding of the learned lower authorities are

opposed to the facts and orders are bad in law hence the same

may kindly be quashed.

(iii) That on the facts and in the circumstances of the case, the

learned lower authorities erred and was not justified and was

not justified in not allowing proper opportunity of being heard.

(iv) That on the facts and in the circumstances of the case, the

learned lower authorities erred and was not justified in making

additions of Rs.3,96,900/- on account of interest income.

(v) That on the facts and in the circumstances of the case, the

learned lower authorities erred and was not justified in making

additions of Rs. 3,50,900/- as unexplained investment u/s 69

of the Income Tax Act.

(vi) That the levy of interest u/s 234B and 234D at Rs. 67118/-

and 2875/- respectively is excess, unlawful and unjustified.”

Smt. Asha Parwani ITA No. 174/Ind/2014 4. At the outset, the learned counsel for the assessee requested

for not pressing ground nos. 1 and 2. He further requested that the

assessee was not afforded proper opportunity of being heard as the

assessee had necessary evidence and documents which are

sufficient enough to prove that the Assessing Officer grossly erred in

making the additions of Rs. 3,96,900/- for undisclosed interest of

Rs.3,50,900/- for unexplained cash. The learned counsel for the

assessee referred to the paper book requested for providing one

more opportunity of being heard before the Assessing Officer. The

learned DR raised no objection to the same.

the material placed on record before us. Since the learned counsel

for the assessee did not press ground nos. 1 & 2 raised in this

appeal, we dismiss the same as not pressed. Apropos ground nos.

3,4 & 5 the learned counsel for the assessee made a request for

setting aside the same to the file of the Assessing Officer to examine

the same in the light of the documents placed in the paper book.

The revenue has raised no objection to the same. We, therefore, in

the interest of justice and fair play, set aside the issues of addition

Smt. Asha Parwani ITA No. 174/Ind/2014 relating to undisclosed interest of Rs.3,96,900/- and unexplained

investment in cash deposit of Rs.3,50,900/- to the file of the

Assessing Officer with the direction to decide the same de novo after

providing reasonable opportunity of being heard to the assessee.

statistical purposes.

Order was pronounced in the open court on 4th May, 2018.

Sd/- Sd/- (MANISH BORAD) (KUL BHARAT) JUDICIALMEMBER ACCOUNTANTMEMBER

May 4th 2018 Dn/- Copy to: Assessee/AO/Pr. CIT/ CIT (A)/ITAT (DR)/Guard file. By order Private Secretary/DDO, Indore