SAMIRAN NANDI,BHUBANESWAR vs. ITO, WARD-1(4), BHUBANESWAR

This is an appeal filed by the assessee against the order of CIT(A)-2,

Bhubaneswar, dated 30th November, 2016, for the assessment year2011-

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authorities and materials available on record. The undisputed facts of the case are that the Assessing Officer observed that the assessee jointly with his wife is maintaining a saving bank account from which various fixed

deposits have been made on which interest of Rs. 1,44,292/- has accrued.

The Assessing Officer further noticed that the assessee has credited interest

of Rs. 19,448/- in his own name, interest of Rs. 1,24,844/- in the name of his wife and interest of Rs. 5,009/- in the name of his son. Before the Assessing Officer, the assessee admitted that the source of the fixed

deposits were his salary income even though some of the fixed deposits

were in the name of his wife and son. The Assessing Officer further

observed that at the behest of his representative, the assessee retracted

his earlier admission and stated that the source of fund of fixed deposits in the name of spouse is her own income. The Assessing Officer required the assessee to support his case with evidence. Even though the Assessing

Officer gave several opportunities for this purpose, the assessee could not substantiate that the source of fixed deposits in the name of his wife were out of her own income. No details regarding source of income of minor son

were produced. Therefore, the Assessing Officer held that interest of Rs.

1,24,844/- was income of the assessee and added the same to the income

of the assessee.

made before the Assessing Officer. The assessee submitted that Mrs

Archana Nandi was a school teacher and claimed to have filed copy of certificate issued by the school as per annexure to written submission dated

one and two are the mark sheets issued by University of Burdwan. Page-3

is dated.29.01.1993, is a letter issued by one school in Hooghly to appear

for interview as a teacher in school. Page-4 is dated.03.04.1991 issued by Suri Municipal Girls High School in which it is stated that she has worked

as mathematics teacher from 06.07.1990 to 31.03.1991. Page-5 is dated.03.08.1992 issued by Surabhisthan Bhuban Mohini Girls High School,

Nadia in which it is stated that the Mrs Nandi was appointed on deputation

vacancy up to 15.05.1993. 6.1 On perusal these documents, the CIT(A) observed that Mrs Archana

Nandi worked as teacher way back in 1993. He observed that the assessee

submitted before him income earned out of agricultural land inherited by Mrs Archana Nandi and pin money has been invested in taking out the fixed

deposits.

proceedings, the assessee could not file any evidence whatsoever in support of earning of income by Mrs Archana Nandi. The details filed during

the course of the appeal proceedings did not show that Mrs Archana Nandi had separate and independent source of earning. The interest on fixed

deposits is of Rs. 1,44,292/-. If the rate of interest is taken as 8%, it translates into fixed deposits of nearly Rs. 18 lacs. Mrs Archana Nandi does

not file any return of income showing interest income and agricultural

income. In view of the above, it was held that interest of Rs. 1,24,844/- is undisclosed income of the assessee. Accordingly, the addition made by the assessing officer of Rs. 1,24,844/- was upheld.

before the lower authorities.

belonged to his wife Mrs Archana Nandi in whose name FDRs were taken

and that interest income of Rs.5,009/- belonged to his son in whose name

FDRs were taken. The Assessing Officer required the assessee to explain

the source of income of his wife and son for acquiring the FDs. Before the Assessing Officer, no details or evidences could be filed. Before the CIT(A),

the assessee filed written submissions. The CIT(A) has analysed the written submission and observed that that the Annexure two has five

pages. Page one and two are the mark sheets issued by University of Burdwan. Page-3 is dated.29.01.1993, is a letter issued by one school in Hooghly to appear for interview as a teacher in school. Page-4 is dated.03.04.1991 issued by Suri Municipal Girls High School in which it is stated that she was worked as mathematics teacher from 06.07.1990 to Asse ssment Year :20 11- 201 2

Mohini Girls High School, Nadia in which it is stated that the Mrs Nandi was appointed on deputation vacancy up to 15.05.1993. On perusal these

documents, the CIT(A) observed that Mrs Archana Nandi worked as teacher

way back in 1993. He observed that the assessee submitted before him

income earned out of agricultural land inherited by Mrs Archana Nandi and pin money has been invested in taking out the fixed deposits. Thus, before

the CIT(A) also the assessee could not substantiate with evidence that the FDRs in the name of wife Mrs Archana Nandi and his son was acquired out

of income of Mrs Archana Nandi. Thus, the findings of the Assessing Officer

that the FDRs in the names of the wife and son of the assessee were acquired out of salary income of the assessee could not controverted.

Before me also, no material could be filed to controvert the findings of the lower authorities. Hence, I do not find any good and justifiable reason to interfere with the order of the CIT(A), which is hereby confirmed and dismiss the ground of appeal of the assessee.

In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open court on 26/05/2017 in the presence of parties. (N.S Saini) ACCOUNTANT MEMBER Cuttack; Dated 26 /05/2017 B.K.Parida, SPS Copy of the Order forwarded to :