JAYAWANT GOVIND DAWARE ,KOLHAPUR vs. INCOME TAX OFFICER, KOLHAPUR
आयकर अपीलीय अिधकरण ”एस एम सी” Ɋायपीठ पुणेमŐ।
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCHES “SMC” :: PUNE
BEFORE MS.ASTHA CHANDRA, JUDICIAL MEMBER
AND DR.DIPAK P. RIPOTE, ACCOUNTANT MEMBER
आयकर अपील सं. / ITA No.263/PUN/2025
िनधाᭅरण वषᭅ / Assessment Year: 2017-18
Jayawant Govind Daware,
A.P.Jeur, Tal.Paniala, Dist-
Kolhapur – 416213. Maharashtra.
V s
The Income Tax Officer,
Kolhapur.
PAN: AJCPD1127G
Appellant/ Assessee
Respondent / Revenue
Assessee by Shri Pramod S Shingte – AR
Revenue by Shri Ratnakar Shelake –
Addl.JCIT(DR)
Date of hearing
01/05/2025
Date of pronouncement
02/05/2025
आदेश/ ORDER
PER DR. DIPAK P. RIPOTE, AM:
This is an appeal filed by the assessee against the order of ld.Commissioner of Income Tax(Appeals)[NFAC], passed under section 250 of the Income Tax Act, 1961 for A.Y.2017-18 dated
14.11.2023. The assessee has raised the following grounds of appeal :
“1. On the facts and circumstances of the case and in law the CIT(A),
NFAC erred in confirming the action of Assessing Officer, Ward 11(3),
Punc (hereinafter referred to as the AO) of adding Rs.11,00,000
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representing cash deposits during demonetization period, not accepting the submissions made by the appellant.
The appellant prays that the AO be directed to delete the addition.
The appellant craves leave to add, amend, alter, modify, delete or add a new ground of appeal before or at the time of hearing.”
Submission of ld.AR :
The ld.AR filed a paper book. Ld.AR submitted that Assessee was serving in the Indian Army during the period and was posted in J&K. the same thing can be seen from the address mentioned in the assessment order. Assessee had filed Return of Income for A.Y.2017-18 on 29.11.2017. the Assessee’s only source of the Income is Salary Income. Assessee’s case was selected for scrutiny. The ITO noted that Assessee had deposited cash of Rs.11 lakhs on 10.11.2016. The ITO asked assessee to explain the source. Assessee made an elaborate submission, but Assessing Officer made addition of Rs.10,46,000/- out of Rs.11 lakhs presuming Rs.54,000/- as his cash in hand. Aggrieved by the same, assessee filed the appeal before the ld.CIT(A). Ld.CIT(A) confirmed the same. Ld.Authorised Representative submitted that during the year assessee wanted to purchase agricultural land as he was about to retire. Therefore, the assessee had got money from his relatives to whom he had given it earlier. Earlier, assessee had given
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Rs.4,41,000/- by withdrawing from his bank account to his relatives.
Similarly, assessee had taken a loan of Rs.4,60,000/- from his friends. The assessee filed Affidavits of these individuals confirming the payments. The Affidavits are before Executive
Magistrates. Assessee filed copies of the PAN of all these individuals. Assessee also gave copy of details of Agricultural Land owned by these individuals. However, ld.CIT(A) confirmed the addition without going into the submission of the assessee.
Submission of ld.DR :
Ld.DR for the Revenue relied on the order of the Assessing Officer and ld.CIT(A).
Findings & Analysis :
We have heard both the parties and perused the records. It is noted that Assessee had filed Affidavit of Mr.Shashikant Ananda Karale, Ananda Bhairu Karale, Krishnath Shripati Patil, Pandurang Ganpati Londhe, Mangal Baburao Shinde, Rushikesh Bhikaji Jagtap, Sambhaji Balu Daware and Sambhaji Ishwara Kekare. These Affidavits were duly filed before the Assessing Officer and ld.CIT(A) also. Along with the affidavits, copy of the PAN card and Aadhar Card has also been submitted. The Affidavit does mention
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source of income. The Assessing Officer has not uttered a single word in the assessment order regarding these Affidavits. Assessing
Officer has merely stated that assessee filed Affidavits. Assessee also filed confirmations from these individuals. In these facts and circumstances of the case, the Assessee had proved source of the cash deposits. Assessee also proved identity of the individuals and genuineness of the transactions. Once assessee files affidavits, the Assessing Officer cannot just brush it aside, unless AO proves that Affidavits are not stating the true facts. Once assessee has discharged his initial burden, the onus shift to Assessing Officer to rebut
Affidavits, confirmations, source of income. Assessing Officer has failed to rebut it. In these facts and circumstances of the case, we are convinced that the assessee has proved source of cash deposits of Rs.11 lakhs, accordingly, we direct the AO to delete the impugned addition. Accordingly, Ground of appeal raised by the assessee is allowed.
In the result, appeal of the assessee is allowed.
Order pronounced in the open Court on 2nd May, 2025. (ASTHA CHANDRA)
ACCOUNTANT MEMBER
पुणे / Pune; ᳰदनांक / Dated : 2nd May, 2025/ SGR
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आदेशकᳱᮧितिलिपअᮕेिषत / Copy of the Order forwarded to :
1. अपीलाथᱮ / The Appellant.
2. ᮧ᭜यथᱮ / The Respondent.
3. The CIT(A), concerned.
4. The Pr. CIT, concerned.
5. िवभागीयᮧितिनिध, आयकर अपीलीय अिधकरण, “एसएमसी” बᱶच, पुणे
/ DR, ITAT, “SMC” Bench, Pune.
गाडᭅफ़ाइल / Guard File. आदेशानुसार / BY ORDER,
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Senior Private Secretary
आयकर अपीलीय अिधकरण, पुणे/ITAT, Pune.