NAGARJUNA REDDY SALLEPALLI,HYDERABAD vs. CIT (A) HYDERABAD, HYDERABAD

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ITA 400/HYD/2021Status: DisposedITAT Hyderabad05 January 2022AY 2017-183 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found that the identity of the donors was established and the presumption that agriculturists have meagre income may not be appropriate. The Revenue did not conduct further inquiries to disprove the genuineness of the gifts. Therefore, the addition was not warranted.

What were the facts?

The assessee made credit card payments totaling Rs. 12,24,700/-. To explain the source, the assessee provided two gift deeds from his father and brother. The Assessing Officer (AO) treated these amounts as unexplained income, which was upheld by the CIT(A).

What were the issues?

Whether the credit card payments were sufficiently explained by the gifts received, and if the Revenue adequately investigated the genuineness of the gifts from agriculturist donors.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD BENCH “SMC”, HYDERABAD

For Respondent: Smt. Aditi Goyal, DR
Hearing: 11/11/2021Pronounced: 05/01/2022

ORDER This appeal is filed by the assessee against the order of the Ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi in DIN No. ITBA/NFAC/S/250/2021-22/1034762565(1), dated 10/08/2021 passed U/s. 143(3) r.w.s 250(6) of the Act for the Assessment Year 2017-18.

2.

The assessee has raised sixteen grounds in its appal however the curx of the issue is that:

1.

“The Ld. CIT(A) has erred in upholding the addition made by the Ld. CIT(A) for Rs. 12,24,700/- being the unexplained source for credit card payments.”

3.

The brief facts of the case are that the assessee is an individual engaged in business filed his return of income for the relevant assessment year 2017-18 on 13/07/2017 declaring total income of Rs. 5,70,080/-. Subsequently, the case was taken up for scrutiny under CASS. During the course of scrutiny assessment proceedings, it was observed by the Ld. A.O. that the assessee has made credit card payment of Rs. 9,08,400/- to IndusInd Bank, Rs.1,71,300/- to SBI and Rs. 1,45,000/- to Standard Chartered Bank aggregating to Rs. 12,24,700/-. On query, the assessee had uploaded two gift deeds viz., one from his Father dated 11/05/2015 for an amount of Rs. 5 lakhs and another from his brother dated 3/12/2016 for Rs. 3 lakhs. Since both the donors were agriculturists, the Ld. A.O. opined that the identity, creditworthiness and genuineness of the transactions could not be established and therefore made addition of Rs. 12,24,700/- in the hands of the assessee. On appeal, the Ld. CIT(A) confirmed the addition.

4.

At the time of hearing none appeared on behalf of the assessee to represent the case. However, on examining the orders of the Ld. Revenue Authorities, I do not find much merit in their orders. Before the Ld. Revenue Authorities, the assessee had furnished a gift deed from his father and brother aggregating to Rs.8 lakhs with their particulars. Therefore, the identity of both the persons established. Further, the presumption of the Revenue that the donors have meagre source of income because they are agriculturists may not be appropriate. The Ld. Revenue Authorities had not made any further enquiry to establish the genuineness of their presumption. Moreover, the Ld. Revenue Authorities were in possession of the particulars of the donors by which they could have made further enquiries. It is also apparent from the return filed by the assessee that he is having source of income for more than Rs. 5 lakhs during the relevant assessment year. Considering these facts and circumstances of the case, I am of the view that the addition made by the Ld. A.O. which was further sustained by the Ld. CIT(A) is not warranted. Hence, I hereby direct the Ld. A.O. to delete the addition of Rs. 12,24,700/- made in the hands of the assessee. It is ordered accordingly.

5.

In the result, appeal of the assessee is allowed.

Pronounced in the open Court on the 05th January, 2022.

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