M/S. SHERAWALI YARNS PVT. LTD.,NEW DELHI vs. ACIT, MEERUT

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ITA 2997/DEL/2015Status: DisposedITAT Delhi23 February 2018AY 2011-123 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 assessee had provided evidence of tax payment on the declared income. Therefore, the addition of Rs. 34,500/- was not justified and directed the Assessing Officer to delete it.

What were the facts?

During a search operation, cash of Rs. 34,500/- was found in the assessee's bank accounts. The Assessing Officer made an addition of this amount as unexplained cash. The CIT(A) dismissed the assessee's appeal for failing to deposit the requisite tax.

What were the issues?

Whether the addition of unexplained cash found during a search is justified when the assessee has paid tax on declared income. Whether the CIT(A) was correct in dismissing the appeal solely on the ground of non-payment of tax.

Which sections of the Income-tax Act were involved?

Section 142(1),Section 143(2),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI

Before: SH. G.D.AGARWAL & SH. KUL BHARAT

Hearing: 22.02.2018Pronounced: 23.02.2018

ORDER PER KULBHARAT, J.M.

This appeal filed by the assessee is directed against the order of Commissioner of Income Tax (Appeals) – Meerut, dated 11.03.2015 pertaining to assessment year 2011-12. 2. The assessee has raised following grounds of appeal :-

1. On the facts and circumstances of the case, the learned Commissioner of Income Tax (Appeals), Meerut, erred in law as well as on facts in confirming the addition of Rs. 34,500/- made by the A.O., being the amount of cash found during the course of search, 2. On the facts and circumstances of the case, the learned Commissioner of Income Tax (Appeals), Meerut, erred in law as well as on fact in confirming the action of the A.O. without considering the fact the amount was duly recorded in the books of accounts of the assessee.”

3. Briefly stated the facts are that a search operation was carried out at bank accounts of the assessee held in the Oriental bank of Commerce, Malayana Branch, Meerut the investment in FDR and cash of Rs. 34,500/- was found, a notice was issued to the assessee u/s 142(1) of the Income Tax Act, 1961(hereinafter referred to as the “Act”). In response thereto the assessee filed return of income at Rs. 54,82,323/-. The assessing officer issued a notice u/s 143(2) and framed assessment u/s 143(3) of the Act vide order dated 28.3.2013 thereby the assessing officer made addition of Rs. 34,500/-, an account of unexplained cash. Against this, the assessee preferred in appeal before the CIT(A) who dismissed the appeal on the ground that the assessee failed to deposit the requisite tax on the income of declared in the return income. Now the assessee is in appeal against this order before this Tribunal. Only effective ground is against dismissal of appeal and confirmation of addition.

4. Ld. Counsel for the assessee during the course of hearing produce the evidence of the tax paid by the assessee on the income declared. Ld. Counsel submitted that the assessee has declared income of Rs. 54,82,323/-, the amount was cash on hand. He submitted under the facts of the present case, the assessing officer is not justified to make addition of this amount. On the contrary, ld. Departmental Representatives supported the assessment order. 5. We have heard the rival contensions perused the material available on record, we find that the appeal of the assessee was dismissed on account of non- payment of tax. Now the assessee has furnished evidence of payment of tax. After considering the totality of the facts, we are of the view that the assessing officer was not justified in making addition of Rs. 34,500/-. We, therefore, direct the assessing officer to delete the same. 6. In the result, the ground raised in this appeal are allowed. (Order Pronounced in the Open Court on 23/02/2018).

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