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Income Tax Appellate Tribunal, RANCHI
Before: SHRI N.S.SAINI & SHRI PAVAN KUMAR GADALE
1 ITA No.163/Ran/2015
IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI
BEFORE SHRI N.S.SAINI, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA No.163/Ran/2015 A.Y. : 2007-2008 Kulanand Pandey, vs ITO Ward-2(4), C/o-CA Nawal Kishore Bagmati Road, Mahato, Flat No.401, 4th Bistupmur, Floor, K.C.Apartment, 137 Jamshedpur-831001 Ambagan Road, Sakchi, Jamshedpur-831001 PAN No. : AFQPP 1788 P Respondent (Appellant) .
Assessee by :None Revenue by :Shri P.K.Mondal, JCIT
Date of Hearing : 24.05.2018 Date of Pronouncement : 25.05.2018
O R D E R Per Pavan Kumar Gadale, JM: This is an appeal filed by the assessee against the order of CIT(A),
Jamshedpur, dated 27.08.2015, for the assessment year 2007-08.
There is a delay of 7 days in filing the present appeal. Ld. AR has
filed an application dated 26.02.2016 for condoantion of delay. Considering
the facts and circumstances of the case, we condone the delay of 7 days in
filing the present appeal and appeal is heard finally.
At the time of hearing, none appeared on behalf of the assessee,
neither any adjournment application has been filed by the assessee,
2 ITA No.163/Ran/2015 therefore, the Bench proceeded to disposed off the appeal considering the
submissions of ld. DR and the material available on record.
The sole disputed issue involved in this appeal is that the CIT(A) has
erred in confirming the addition made u/s.68 of the Act.
Brief facts of the case are that the assessee derives income from
salary/pension from LIC and share income from Demat account and filed
return of income on 26.07.2007 with total income of Rs.1,59,350/-. The
return of income was processed u/s.143(1) of the Act. Subsequently the
case was selected for scrutiny on CASS and notices u/s.143(2) & 142(1) of
the Act were issued to the assessee. In compliance, the AR of the
assessee appeared from time to time. Thereafter the AO completed the
assessment and made the addition of Rs.20,25,000/- u/s.68 of the Act and
assessed total income at Rs.21,84,360/- and passed order u/s.143(3) of
the Act.
Aggrieved by the assessment order, the assessee has filed an
appeal with the CIT(A). In the appellate proceedings ld. AR of the
assessee argued the grounds and reiterated the submissions and ld.CIT(A)
having considered the findings and the submissions of the assessee dealt
on the disputed issue and dismissed the appeal of the assessee.
Aggrieved by the order of CIT(A), the assessee has filed an appeal
before the Tribunal.
None appeared on behalf of the assessee, whereas ld. DR on the
other hand, submitted that the assessee has not complied the requisite
3 ITA No.163/Ran/2015 details before the AO, nor in the appellate proceedings, therefore, the
appeal of the assessee deserves to be dismissed.
We have heard the rival submissions and perused the material on
record. Prima facie, on perusal of the assessment order we found that the
AO has made addition u/s.68 of the Act in respect of cash deposits made
in the assessee’s bank account and it was submitted that the assessee
was required to make submission in respect of the source but it was stated
that the assessee has explained earlier that deposits are made by the
assessee’s son-in-law and the submissions made in the grounds of appeal
that the son-in-law has taken temporary loan from his father-in-law and the
amount has been returned to the assessee as the assessee had to
purchase a flat during the year, without considering the above facts the AO
made the addition. However, in the AO’s order, these facts have not been
considered. Therefore, considering the facts and circumstances of the case
and the submissions of the assessee and in the interest of substantial
justice, we are of the opinion that the matter needs to be relooked upon the
disputed issue. Hence, we remit the disputed issue to the file of AO, who
shall examine and verify the facts submitted by the assessee before the
Tribunal. It is nevertheless to say that the assessee shall be provided
adequate opportunity of hearing and the assessee is also directed to
cooperate in submitting the information before the AO. Accordingly, we
allow this ground of appeal of assessee for statistical purposes.
4 ITA No.163/Ran/2015
In the result, appeal of the assessee is allowed for statistical
purposes.
Order pronounced in the open court on 25/05 /2018
Sd/- Sd/- (N.S.SAINI) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Ranchi, Dated 25/05/2018 Prakash Kumar Mishra , Sr. Ps Copy of the Order forwarded to : 1. The Appellant – 2. The Respondent – 3. The CIT(A) concerned 4. CIT , concerned 5. DR, ITAT, Ranchi BY ORDER, 6. Guard file.
//True Copy// SR.PS, ITAT, RANCHI