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Income Tax Appellate Tribunal, INDORE BENCHE, INDORE
Before: SHRI KUL BHARAT & SHRI MANISH BORAD
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/-.
The assessee’s appeal before the learned Commissioner of
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.
We have heard the rival contentions and have gone through
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.
In the result, the assessee’s appeal is partly allowed for
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