BHANU PRAKASH BHARGAVA,DATIA vs. INCOME TAX OFFICER WARD 1(3), GWALIOR

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ITA 576/AGR/2024Status: DisposedITAT Agra22 April 2025AY 2009-10Bench: HON’BLE SHRI SATBEER SINGH GODARA, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal confirmed an addition of Rs. 4 Lacs, considering the benefit of past savings, and deleted the remaining addition. The assessee's income primarily derived from agricultural activities and maturity proceeds of fixed deposits of their mother-in-law.

What were the facts?

The assessee, who earned agricultural income from leased land, had additions made to their income by the AO for unexplained bank credit of Rs. 22.50 Lacs. The CIT(A) reduced this addition to Rs. 7.15 Lacs.

What were the issues?

The primary issue was the addition of bank credit for want of sufficient evidence and the assessee's claim of agricultural income and maturity proceeds from fixed deposits.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, AGRA

Before: HON’BLE SHRI SATBEER SINGH GODARA, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

Pronounced: 22.04.2025

(िनधा�रणवष� / Assessment Year:2009-10) Sh. Bhanu Prakash Bhargava Income-tax Officer, बनाम/ Vs. Ward No. 7, Purane Jail K Ward 1(3), Gwalior. Datia (MP). �थायीलेखासं./जीआइआरसं./PAN/GIR No. APSPB-3917-L (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Sh. Rajendra Sharma, Adv. – Ld. AR � थ�कीओरसे/Respondent by : Sh. Shailender Shrivastava – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 21-02-2025 घोषणाकीतारीख /Date of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2009-10 arises out of an order passed by of learned Commissioner of Income Tax (Appeals), Aligarh [CIT(A)] on 20-05-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 144 r.w.s. 147 of the Act on 22- 11-2017. In the assessment order, Ld. AO made addition of bank credit for Rs.22.50 Lacs for want of sufficient evidences from the assessee. The assessee is stated to have earned agricultural income from leased land. The Ld. CIT(A), considering assessee’s submissions, restricted the impugned addition to Rs.7.15 Lacs against which the assessee is in further appeal before us.

2.

From the case records, it emerges that the assessee primarily derives income from agricultural activities on leased land. The assessee also received maturity proceeds of fixed deposits of her mother-in-law. By granting benefit of past savings, we confirm addition to the extent of Rs.4 Lacs only and delete the remaining addition.

3.

The appeal stand partly allowed. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963.

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