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आदेश/Order
Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the assessee against the order dated 25.03.2019 of the Commissioner of Income Tax (Appeals)-3, Ludhiana [hereinafter referred to as ‘CIT(A)’].
An adjournment application has been filed by the assessee in this case, however, considering the facts and circumstances of the case and the issue involved, we proceed to decide the appeal on merit after hearing the Ld. DR.
ITA No. 702/Chd/2019- Smt.Rashmi Devi Ludhiana 2 3. The sole issue involved in this appeal is regarding the addition of
Rs. 76,000/- made by the Assessing Officer and further confirmed by the
Ld. CIT(A) on the ground that the assessee had failed to explain the
source of the amount of Rs. 76,000/- advanced by the assessee to her
husband Shri Ashwani Kumar, Prop. M/s Emmson Traders.
A perusal of the impugned order of the Ld. CIT(A) reveals that
the assessee is an Income-tax payee. The assessee had furnished details
of the income declared / copies of the ITRs to show that the assessee has
been regularly filing her Income-tax returns and her declared income
ranges from Rs. 84,150/- in assessment year 2002-03 to Rs. 1,09,400/-
in assessment year 2006-07. Besides that, the claim of the assessee is
that she has also been saving money out of the household expenses
received from her husband. That a meager amount of Rs. 76,000/- was
advanced by her out of his past saving as well as out of self-earned
income.
On the other hand, the Ld. DR has contended that the lower
authorities have rightly rejected the claim of the assessee because the
assessee could not furnish the specific sources of the amount of Rs.
76,000/- advanced to Shri Ashwani Kumar.
Considering the submissions of the Ld. DR and after going
through the record, we are of the view, that the addition in this case is
ITA No. 702/Chd/2019- Smt.Rashmi Devi Ludhiana 3 not warranted. The assessee advanced a meager amount of Rs. 76,000/- to her husband. The assessee has claimed that she earned income from tuitions etc. and has been regularly filing Income-tax returns. Apart from that, she has been saving money out of household expenditure received from her husband. In our view, the assessee was not supposed to show any further specific source of investment for such a meager amount of Rs. 76,000/-, which seems to be out of the past savings of the assessee. The order of the CIT(A) is set aside and the appeal of the assessee stand allowed.
Order dictated and pronounced in the Open Court immediately on completion of hearing.
Sd/- Sd/- (अ�नपूणा� गु�ता / ANNAPURNA GUPTA) (संजय गग� / SANJAY GARG) लेखा सद�य/ Accountant Member �या�यक सद�य/ Judicial Member
Dated : 30. 10.2019 “आर.के.” आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकर आयु�त/ CIT 4. आयकर आयु�त (अपील)/ The CIT(A) 5. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड� फाईल/ Guard File
आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar
ITA No. 702/Chd/2019- Smt.Rashmi Devi Ludhiana