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Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: S/SHRI N.S SAINI & PAVAN KUMAR GADALE
1 ITA No .410/ CTK/ 2016 Asse ssment Year : 20 10- 201 1
IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK
BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER
ITA No.410/CTK/2016 Assessment Year : 2010-2011
Income Tax officer, Ward-1, Vs. Sri V.Manoj Kuamar Patra, Berhampur. S/O-V Shyam Sundar Patra, Spectrum Monor, 204, 2nd Gandhinagar, line, Berhampur PAN/GIR No.ADAPV 9394 F (Appellant) .. ( Respondent)
Assessee by : Shri A.K.Padhy, AR Revenue by : Shri D.K.Pradhan, DR
Date of Hearing : 15 /02/ 2018 Date of Pronouncement : 28/02/ 2018
O R D E R Per Pavan Kumar Gadale, JM This is an appeal filed by the assessee against the order of the
CIT(A)- 1, Bhubaneswar dated 16.8.2016 for the assessment year 2010-
2011.
The sole issue involved in this appeal is that the CIT(A) was not
justified in deleting the addition of Rs.1,79,77,300/- made by the
Assessing Officer on account of unexplained cash deposits.
The brief facts of the case are that the assessee derives income
from salary and insurance commission and the Return of income was filed
on 29.4.2011 disclosing total income of Rs.2,51,900/- after claiming
2 ITA No .410/ CTK/ 2016 Asse ssment Year : 20 10- 201 1 deduction of Rs.1 lakh under chapter VIA of the Act. Based on the
intimation that the assessee has made cash deposit of Rs.10 lakhs above
in Saving Bank account and also investment in mutual funds of
Rs.2,00,000/-, notices u/s.142(1) and 143(2) of the Act were issued and
the ld A.R. of the assessee appeared and filed details and also the
statement on oath was recorded u/s.131 of the Act.
In the assessment proceedings, the Assessing Officer a found that
the assessee has maintained 10 saving bank accounts at different places.
The Assessing Officer obtained the ledger copies of such bank accounts
and noticed that the assessee has made substantial cash deposits and
withdrawals on different dates aggregating to Rs.1,79,77,300/- during the
relevant previous year and was also inter bank transactions through
cheques. The Assessing Officer required the assessee to produce the
books of account for verification. However, the assessee could not
produce the books of account except mentioning that he is only employee
of M/s. Mirco Finance Ltd and the assessee was collecting money from
the public and depositing the same in various schemes of M/s. Micro
Finance Ltd. Further, the Assessing Officer asked the assessee to produce
evidence in support of the amounts collected from the public and the
schemes in which such amounts were deposited and also the withdrawals
which were for payment to the customers. The assessee failed to
produce books of account and satisfactory evidence to substantiate the
contentions and source of bank deposits and the collections from the
3 ITA No .410/ CTK/ 2016 Asse ssment Year : 20 10- 201 1 public on behalf of M/s. Micro Finance Ltd. The Assessing Officer
considered the overall factual aspects and treated the cash deposits in
the bank of Rs.1,79,77,300/- as unexplained cash deposits of the
assessee and taxed the same as income of the assessee and passed order
u/s.143(3) of the Act on 18.3.2010.
Aggrieved with the assessment order, the assessee has filed appeal
before the CIT(A).
In the appellate proceedings, the assessee filed submissions and
also explained that he is an employee and on behalf of Micro Finance Ltd.,
he is collecting money and has been complying the direction of the
finance company. He filed written submission referred at para 4 of the
order and the CIT(A) forwarded the copy of the written submission to the
Assessing Officer for his comments. Whereas the Assessing Officer has
filed the report referred at page 5 of the order. Ld A.R.’s contention that
the assessee has complied with the direction of the CIT(A) and the CIT(A)
having satisfied the same has deleted the addition.
Hence, the revenue is in appeal before us.
Ld D.R. submitted that the CIT(A) has erred in deleting the addition
without considering the facts and findings of the Assessing Officer. The
order of the CIT(A) does not satisfy the comments made by the Assessing
Officer and also the CIT(A) has not verified from the facts that the
assessee could not explain before the Assessing Officer the source for
4 ITA No .410/ CTK/ 2016 Asse ssment Year : 20 10- 201 1 redepositing the money with Mirco Finance Ltd and, therefore, prayed for
setting aside the order of the CIT(A).
We have heard the rival submissions, perused the orders of lower
authorities and materials available on record. The sole matrix of the
disputed issue is with respect to deposits made by the assessee into the
bank account on behalf of Micro Finance Ltd.. Ld D.R. contends that the
CIT(A) having called for the remand report has not considered the
observations raised and appropriate facts were not adjudicated. Whereas
ld A.R. supported his arguments with paper book evidencing the details of
bank statement, copy of cash flow statement and collection receipts and
vouchers of cash receipts. The contention of ld A.R. is that these deposits
made by the assessee from the customers and in return they have been
deposited with Micro Finance Ltd. We, on perusal of the materials placed
before us, found that the assessee does not maintain vouchers. The
facts remain that the statements made in respect of deposits made in the
assessee’s account or paid to Micro Finance Ltd., could not be ascertained
and the explanation of ld A.R. are not satisfactory. Further the findings of
the CIT (A) are only on the Assessing Officer’s report that the
Assessing Officer has only doubted the ledger copy and other documents
filed by the assessee in the paper book and there are various fats, which
have been filed by the assessee and the comments of the Assessing
Officer have to be ascertained. We found that the order passed by the
CIT(A) as envisaged by ld D.R. is not clear and the order is a cryptic
order only. We found that there is strength in the arguments of ld D.R.
5 ITA No .410/ CTK/ 2016 Asse ssment Year : 20 10- 201 1 and, accordingly, in the interest of justice, we set aside the order of the
CIT(A) and remit back the matter to the file of the CIT(A), who shall
verify the material filed before us and pattern of amount received by the
assessee and transaction of deposits from assessee’s account with the
Micro Finance Ltd has to be ascertained and shall pass the order on merit
and the assessee shall co-operate in submitting the details for disposal of
appeal We order accordingly.
In the result, appeal filed by the revenue is allowed for statistical
purposes.
Order pronounced on 28 /02/2018.
SD/- SD/- (N.S Saini) (Pavan Kumar Gadale) ACCOUNTANT MEMBER JUDICIALMEMBER Cuttack; Dated 28 /02/2018 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : Income Tax officer, Ward-1, Berhampur 2. The Respondent. Sri V.Manoj Kuamar Patra, S/O-V Shyam Sundar Patra, Spectrum 2nd Monor, 204, Gandhinagar, line, Berhampur 3. The CIT(A)-1, Bhubaneswar 4. Pr.CIT-1, Bhubaneswar. 5. DR, ITAT, Cuttack 6. Guard file. //True Copy// BY ORDER,
SR.PRIVATE SECRETARY ITAT, Cuttack