R.M.JAGANNATHAN,CHENNAI vs. ITO, CHENNAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the addition of ₹6,00,000 was made by the Assessing Officer disbelieving an affidavit of Smt. N. Rajalakshmi, the assessee's mother-in-law. The Tribunal reproduced the contents of the affidavit, which stated that her husband (the assessee's father-in-law) had given ₹15,00,000 to the assessee in March 2007 as an advance for purchasing a property at Kasturba Nagar, Adyar, Chennai, in the name of their grandson, Mr. J. Hariprasad. The Tribunal noted that the contents of this affidavit had not been disproved or found to be wrong by the Revenue, and nothing was brought on record to controvert its contents. The Tribunal opined that the evidential value of an affidavit can only be questioned if there is something on record to show its contents are incorrect or untrue. Therefore, the Tribunal was of the opinion that the assessee had brought in sufficient evidence for the source of the sum of ₹15,00,000. Consequently, the Tribunal deleted the addition of ₹6,00,000 made in the hands of the assessee. No issue was expressly left undecided.
What were the facts?
The assessee, Shri. R.M. Jagannathan, a pensioner, filed his return of income for Assessment Year 2007-2008 disclosing an income of ₹4,55,949. During assessment proceedings concerning one Dr. S. Arunachalam, who had deposited ₹15,00,000 in his HDFC account on March 31, 2007, it was noted that Dr. Arunachalam stated this sum was given to him by the assessee for property purchase. The Assessing Officer (AO) required the assessee to explain the source of ₹15,00,000 given to Dr. Arunachalam. The assessee explained it comprised ₹6,70,000 from GPF, ₹4,00,000 from personal savings, and ₹4,00,000 from his son's savings. The assessee also mentioned funding from his father-in-law. The AO contacted the assessee's mother-in-law, who stated her husband had given ₹15,00,000 to the assessee in March 2007 and ₹35,00,000 to her grandson in April 2007. The AO accepted ₹9,00,000 of the assessee's explanation and made an addition of ₹6,00,000. The Commissioner of Income Tax (Appeals) sustained this addition. The assessee is in appeal before the ITAT.
What were the issues?
1. Whether the addition of ₹6,00,000 made by the Assessing Officer, and sustained by the CIT(A), is justified, considering the explanation and evidence provided by the assessee regarding the source of funds for the property purchase. Assessee's contentions: The assessee's Authorized Representative argued that the assessee contributed ₹11,00,000 towards the property purchase for his son, Shri. M.N. Hariprasad, who invested ₹4,00,000. The affidavit filed by the assessee's mother-in-law, Smt. N. Rajalakshmi, was not properly considered by the lower authorities, and the addition was unfairly made. Revenue's contentions: The Departmental Representative strongly supported the orders of the authorities below.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ (SMC
Before: SHRI ABRAHAM P. GEORGE]
आदेश / O R D E R
Assessee in this appeal is aggrieved on an addition of �6,00,000/- sustained by the ld. Commissioner of Income Tax (Appeals)-9, Chennai, through his order dated 11.01.2017.
Facts apropos are that assessee a pensioner, who retired as 2.
Additional Registrar of Co-Operative Societies (Housing) had filed his return of income for the impugned assessment year disclosing income of �4,55,949/-. Ld. Assessing Officer during the course of proceedings
ITA No. 1120/Mds/2017 :- 2 -: against one Dr. S. Arunachalam, who had deposited �15,00,000/- in his HDFC account on 31.03.2007, noticed that the latter had stated the sum to have been given to him by the assessee, for purchasing a property at Kasturba Nagar, Adyar, Chennai. It seems assessee had in a letter submitted to the Income Tax Officer, B.W. III(1) stated this.
Assessee was required to explain the source for the sum of �15,00,000/- given by him to Dr. S. Arunachalam. Explanation of the assessee was that a sum of �6,70,000/- was withdrawn from his GPF account, �4,00,000/- was given out of his personal savings and �4,00,000/- was given out of savings of his son who was working as software engineer in M/s.Ramco Systems. Assessee also mentioned that he had also received funding from his father-in-law. Ld. Assessing Officer issued a letter to assessee’s mother-in-law since his father-in-law expired in February, 2009. The lady stated that she had no knowledge about the dealings between assessee and her husband, but she remembered that her husband had given �15,00,000/- to the assessee in March, 2007 and �35,00,000/- to her grandson in April, 2007. Ld. Assessing Officer accepted the submissions of the assessee for sums aggregating to �9,00,000/- out of the total amount of �15,00,000/- and nothing more. He completed the assessment by making an addition of �6,00,000/-.
ITA No. 1120/Mds/2017 :- 3 -:
Assessee’s appeal before the ld. Commissioner of Income Tax (Appeals) was not successful.
Now before me, ld. Authorised Representative strongly 4. assailing the orders of the lower authorities submitted that assessee’s son Shri. M.N. Hariprasad who was working as software engineer in M/s.Ramco Systems required money for purchasing a property at Adyar. According to him, assessee had contributed �11,00,000/- and Shri. Hariprasad invested �4,00,000/-. Contention of the ld. Authorised Representative was that affidavit filed by his mother-in-law was not properly considered by the lower authorities. Thus according to him, the addition was unfairly done.
Per contra, ld. Departmental Representative strongly supported the orders of the authorities below.
I have considered the rival contentions and perused the orders of the authorities below. Addition of �6,00,000/- was made by the ld. Assessing Officer disbelieving an affidavit of Smt.
N.Rajalakshmi, Mother –in-law of the assessee. Said affidavit is reproduced hereunder:-
‘’I, Mrs. N. Rajalakshi, W/o. late A. Nainamalai, Hindu. aged about 72 year, residing at 75, Mettu Street, Rasipuram(PO), Namakkal District, do hereby solemnly sincerely, affirm and state as follows I was married to Shri. A. Nainamalai and my husband was carrying on many business activities like fleet
ITA No. 1120/Mds/2017 :- 4 -: operator Cinema theater owner and d owning oil and rice mills etc. He was also owning lot of immovable properties in and around Rasipuram. My husband died on 28.02.2009. My daughter Ms. Manjula Devi has been given in marriage to Mr. R.M. Jaganathan, who has recently retired as Addl. Registrar of Co- Operative Societies (housing) Chennai and the couple have only one son by name Mr. J. Hariprasad. My gron son is living with his parents. Recently he got married to Ms. Jayalakshmi who is also resident of Chennai. It was long self desire of my husband that his son-in-law Mr. R.M. Jaganathan should own a house at Chennai and had requested Mr. R. M. Jaganathan to locate a suitable property. For many years, my son-in-law did not take any step and interest to purchase a property in Chennai. In the initial years of marriage my son-in-law used to spend all his salary without having any inclination o save for future. My husband was very particular that his son-in-law should save money for the future and every month he used to visit my son-in-law and collect a potion of his salary forcefully. Whenever there was a demand for reasoanable expenditure in my son-in-law’s family my daugther will approach my husband and my husband after satisfying reasonableness of expenditure will hadnd over the money to my son-in-law. Finally in the year 2007 my son-in-law and my grand son located the property in Chennai and wanted to give an advance of �15 lakhs (Rupees Fifteen Lakhs Only) My husband inspected the place and discussed about the genuineness of the title and other things and gave Rs.15Lakhs(Rupees Fifteen Lakhs in the month of March 2007 to only) Mr,R.M.Jaganathan. He has given this money as advance £or purchase o£ property No.21,Second Main Road, Kasturba Nagar, Adyar,Chennai 600 020 and purchased the property in my grand Son’s name namely Mr. J. Hariprasad and balance amounting to �35 lakhs (Rupees Thirty Five Lakhs Only) was also handed over by my
ITA No. 1120/Mds/2017 :- 5 -: husband to my grand son to enable him to purchase the property’’.
Contents of the affidavit has not been disproved or found to be wrong by the Revenue. Nothing has been brought on record by the Revenue which can controvert the contents of the affidavit of Smt. N. Rajalakshmi. Evidential value of the affidavit can be called into question only when there is something on record to show its contents to be incorrect or untrue. I am of the opinion that assessee had brought in sufficient evidence for the source of the sum of �15,00,000/-. In the circumstances, I delete the addition of �6,00,000/- made in the hands of the assessee.
In the result, appeal of the assessee stands allowed.
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