COL SUMANDEEP SINGH PHOGAT,BAREILLY CANNT vs. INCOME TAX OFFICER, WARD - 4(2), PUNE, PUNE

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ITA 255/PUN/2020Status: DisposedITAT Pune28 December 2022AY 2009-20104 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 held that the explanation offered by the assessee regarding the source of cash deposits from his father was plausible and supported by evidence. The lower authorities ought not to have rejected this explanation.

What were the facts?

The assessee declared a total income of Rs. 5,08,206/-. The Assessing Officer made an addition of Rs. 21,45,000/- on account of cash deposits in the bank, rejecting the assessee's explanation of cash gifts from his father.

What were the issues?

Whether the cash deposits in the bank account were satisfactorily explained as gifts from the father, and if not, whether the addition by the Assessing Officer was justified.

Which sections of the Income-tax Act were involved?

Section 69

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI S. S. GODARA & SHRI INTURI RAMA RAO

For Respondent: Shri M. G. Jasnani
Hearing: 26.12.2022Pronounced: 28.12.2022

ORDER

PER INTURI RAMA RAO, AM :

1.

This is an appeal filed by the assessee directed against the order of ld. Commissioner of Income Tax (Appeals)-1, Pune [‘the CIT(A)’] dated 30.10.2019 for the assessment year 2009-10.

2.

Briefly, the facts of the case are that the appellant is an individual deriving income under the head “salary”. The Return of Income for the assessment year 2009-10 was filed on 13.08.2009 declaring total income of Rs.5,08,206/-. Against the said return of income, the assessment was completed by the Income Tax Officer, 2 Ward-4(2), Pune (‘the Assessing Officer’) vide order dated 30.12.2011 passed u/s 143(3) of the Income Tax Act, 1961 (‘the Act’) at total income of Rs.28,08,060/-. While doing so, the Assessing Officer made addition of Rs.21,45,000/- being the cash deposits made in the bank account rejecting the explanation offered by the appellant that the cash deposits were made out of cash gift received from his father. 3. Being aggrieved by the above assessment order, an appeal was filed before the ld. CIT(A). During the course of appellate proceedings before the ld. CIT(A), the appellant filed additional evidences in the form of copy of agreement to sell dated 09.06.2008, copy of memorandum of gift, copy of declaration received from his father dated 04.08.2012. The ld. CIT(A) after calling for the remand report from the Assessing Officer on the said additional evidence, had rejected the explanation offered by the appellant by holding that the appellant had failed to substantiate the source of cash gift made by the father of the appellant. 4. Being aggrieved, the appellant is in appeal before us in the present appeal. 5. When the appeal was called on, none appeared on behalf of the appellant-assessee despite due service of notice of hearing.

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