THE ITO, WARD-1, NA

ITA No.1011/4hd/2017/SRT & C.O No.04/Ahd/2017/ SRT Smt: Binita J. Modi IN THE INCQME TAX APPELLATE TRIBUNAL SURAT BENCH_SURAT BEFQRE SHRLC.M GARG_JUDICIAL MEMBER AND SHRLOP_MEENA ACCQUNTANT MEMBER ITA No1011Ahd/2017ISRT & CQNo 04/Ahd/2017/SRT A.Y 2012-13 Income Tax Officer, Ward-1, Navsari: Smt Binita J Modi, Mota Bazar, Unai, Tal L Vansda, Dist. Navasari: [PAN: AGEPM 01090] Vs. (Appellant) (RespondentICross Objector) Assessee_by Department by_ Date of hearing Date of pronouncement Shri Rajesh Upadhyay,_ITP Shri O.P. Meena, Sr. DR 05.02.2018 06.02.2018 O RDER PERC M GARG JM; This appeal by the revenue as well as cross objection of the assessee has been filed against the order of Commissioner of Income Tax (Appeals), Valsad (CIT(A)' for short), dated 09.12.2017 for the assessment year (AY) 2012-13 passed in the first Appeal No CIT(AJNLS/15/16-17 . 2 Gd. Nos.3 & 4 of the Revenue are of general in nature_ The remaining effective grounds for adjudication, agitated by the Revenue, read as follows: ao 1011/4hd/2017/SRT & €.O No.04/Ahd/2017/ SRT 2 ITA No. Smt: Binita J. Modi case and in law; the Ld: 1 On the facts and circumstances of the addition made on purchase of CIT(A) has erred by deleting the immovables property of Rs. 32.57,000/- from the explained source of had failed to furnish the onus of source of income and assessee income case and in law, the Ld. 2 On the facts and circumstances of the the addition by accepting additional CIT(A) had erred in deleting evidenceasubmissions made by the assessee duringthe tappellate opportunity to the Ao which is in proceedings without giving any violation of Rule 46A of the L.T. Rules: 3 We have heard the arguments of the both sides, and carefully perused the relevant material placed on the record of the Tribunal: The Id. Departmental Representative (DR) submitted that the Id: CIT(A) erred in deleting the addition made by the Assessing Officer (AO) on purchase of immovable property of Rs.32,57,000/- from unexplained sources of income as the assessee had failed to furnish required documentary evidence to show that the property has been purchased by the firm in the name of the partner: DR further submitted that the onus was on the assessee to explain The Id. source of investment and the assessee failed to do so therefore, addition was sustainable which was wrongly deleted by the Id: CIT(A): The Id: correct and DR submitted that impugned order may kindly be set aside by restoring that of the AO 4 the Id. assessee's representative (AR) Replying to the above, AO made addition without allowing opportunity to the contended that the assessee to explain the issue ad without any justified and cogent reason;: AO further pointed out that the Id. CIT(A) has deleted the addition after The Id: the entire facts and circumstances of the issue therefore; the first considering ITA No.1011/4hd/2017/SRT & C.O No.04/Ahd/2017/ SRT 3 Smt Binita J. Modi be upheld. The Id. AR also submitted that no appellate order may kindly the assessee before the Id. CIT(A) additional evidence has been filed by therefore Ground No.2 of the Revenue is meaningless and misconceived: 5 . On careful consideration of rival submissions, first of all; we may point out that from vigilant reading of impugned first appellant order, we observe that the assessee has not filed any additional evidence ulr: 46A of the Income Tax Rules, 1962 Therefore Ground No.2 of the Revenue is baseless and thus we dismiss the same. 6 From the relevant operative part of the first appellate order; we observe relief to the assessee with the that the Id. CITA) has granted relevant following observations: 'After considering the findings of the Assessing Officer and submissions find that the appellant has submitted documentary of the appellant; evidences for payments of the said Iand purchase by the firm Ws Ananve but in the name of the appellant who happens to be one of the Cortperatior thet saidfrna The source of investment in the purchase of the Daid @and arhounting fi0m Rs,h82504,0009 is out of the bank accounts %f Ihe firm and the said property is also shown in the balance sheet the firmi W/s Ananya Corporations: Considering this fact; there is no case for addition of investment in respect of Iand purchase worth Rs: 32,57,000/- in appenlanedande sieree mheesdditioni Oa Rl0uZJa OC is hereby deleted 7 In view of our factual findings we are in agreement with the conclusion CIT(A) that there is no case for addition of unexplained drawn by the Id. investment in respect of land purchased in appellants hand: When the entire facts and circumstances by the documentary evidence filed by the assessee reveals that the said land purchase was made by the partnership firm Ms ITA No.1011/4hd/2017/SRT & C.O No.04/Ahd/2017/ SRT Smt: Binita J. Modi in the name of appellant; who happens to be one of the Ananya Corporation, in the said partnership firm: Further; the source of investment in the partners purchase of said land has been properly explained then the addition made by of unexplained investment; cannot be held as the AO on the allegation CIT(A) was correct in deleting the same We are sustainable and the Id. unable to see any valid reason to interfere with the conclusion arrived by the the same Accordingly, grounds No. 1 & 2 of the Id. CIT(A), hence, we upheld sial Revenue are dismissed: CROSS OBJECTION: 8 During the arguments, the Id. AR has not advanced any arguments the cross objection of the assessee Therefore, we are inclined to supporting hold that the assessee is not serious about cross objections and hence they pressed during the arguments and consequently, be dismissed the are not same as not pressed: 9 In the result; the appeal of the Revenue as well as the cross objection of the assessee are dismissed: Order was pronounced on 06.02.2018 Sdl- (C.M: GARG) Sdl- (O.P. MEENA) ACCOUNTANT MEMBER Dated: 06.02.2018 JUDICIAL MEMBER EDN 1011/4hd/2017/SRT & €.O No.04/Ahd/2017/ SRT 5 ITA No. Smt: Binita J. Modi Copy to:- Appellant Respondent CIT(A) Pr. CIT DR, Surat F ayakv Il / BY ORDER, Assistant Registrar ITAT, Surat ao folt vfed 314c7 374kily 3ifeerur T ~ydlz, T7,