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Income Tax Appellate Tribunal, DIVISION BENCH, ‘A’ CHANDIGARH
Before: SHRI SANJAY GARG & Ms. ANNAPURNA GUPTA
Per Sanjay Garg, Judicial Member:
The captioned appeals have been preferred by the assessee
against the separate orders of Commissioner of Income Tax
(Appeals)-4, Ludhiana [hereinafter referred to as ‘CIT(A)’] dated
21.06.2017 & 14.7.2017 respectively.
The appeal for assessment year 2011-12 (ITA No.
1411/Chd/2017) is barred by limitation of 20 days. The assessee
has moved an application for condonation of delay, wherein, it
has been explained that the appeal was prepared well within time
and also the fee for filing the appeal before the Tribunal was also
deposited in time but since assessee was residing abroad the same
ITA Nos. 1411 & 1412/Chd/2017- Smt. Poonam Sidhu, Ludhiana 2
was sent to her for signatures, which resulted in delay in filing
the appeal. The detailed reasons have been furnished in the
application. In view of the reasons given in the application and
also considering the shortness of the period of delay, the delay of
20 days in filing the appeal is hereby condoned.
ITA No. 1411/Chd/2017 is against the quantum additions 3.
confirmed by the Ld. CIT(A), whereas, ITA No. 1412/Chd/2011 is
against the confirmation of penalty levied by the Assessing officer
u/s 271(1)(c) of the Act.
First, we shall take the appeal of the assessee relating to
quantum additions i.e. ITA No. 1411/Chd/2017. The Assessing
officer has made the impugned additions on the basis of unexplained
cash credits found in the bank account of the assessee.
At the outset, Ld. Counsel for the assessee has submitted that
the assessee is a non-resident and that during the assessment
proceedings, the assessee was not present in India. Though, the
assessee was represented through her counsel, however, the true and
correct facts could not be brought before the Assessing officer
regarding the source of deposits found in the bank account of the
assessee. It has been further pleaded that apart from the deposits out
of early withdrawals by the assessee from her bank account, certain
deposits were also out of sale proceeds of land sold by the husband
of the assessee namely Shri Parminder Singh Sidhu. The Ld.
counsel inviting our attention to the impugned order of CIT(A) has
submitted that the assessee in her appeal before the CIT(A) has
ITA Nos. 1411 & 1412/Chd/2017- Smt. Poonam Sidhu, Ludhiana 3
moved an application for furnishing of additional evidence to show
that the husband of the assessee namely Shri Parminder Singh Sidhu
had sold / transferred his land in lieu of which he had received
consideration in cash of Rs. 9,37,000/- on 30.3.2010 out of which
deposits were also made into the bank account of the assessee. The
Ld. CIT(A), however, did not admit the additional evidence
furnished by the assessee on the ground that the assessee was given
a sufficient opportunity to furnish the necessary evidence by the
Assessing officer during the assessment proceedings. The Ld.
Counsel has submitted that since the assessee was not present in
India during the assessment proceedings and further that the
evidences sought to be furnished by the assessee go to root of the
case and, hence, the same are very much necessary to be looked into
for proper adjudication of the matter.
The Ld. DR, on the other hand, has relied upon the orders of
the CIT(A).
We have considered the rival submissions. We find force in the
contention of the Ld. AR. The Ld. AR has duly explained that the
assessee was not available in India during the assessment
proceedings and that is why the necessary evidences could not be
furnished before the Assessing officer. Further, that the relevant
evidences have been furnished before the CIT(A) but the Ld. CIT(A)
refused to admit the same. In our view, the evidences sought to be
furnished by the assessee go to the root of the case and will have
bearing on the merits of the case. In our view, it will be in the
ITA Nos. 1411 & 1412/Chd/2017- Smt. Poonam Sidhu, Ludhiana 4
interest of justice, if the assessee is given an opportunity to present her case alongwith necessary evidence before the CIT(A). We accordingly set-aside the impugned order of the CIT(A) and direct the CIT(A) to admit the additional evidence regarding the source of
the deposits in the bank account of the assessee and then to examine the same and decide the appeal in accordance with law. The appeal of the assessee is accordingly treated as allowed for statistical purposes.
Now coming to penalty appeal i.e ITA No. 1412/Chd/2017. Since, we have set aside the order of CIT(A) relating to quantum additions and the matter has been restored to the file of the CIT(A), accordingly, the order of the CIT(A) confirming the penalty is hereby set-aside and the matter is restored to the file of the CIT(A) to decide the same afresh alongwith the matter relating to the quantum
additions. In the result, both the appeals of the assessee are treated as allowed for statistical purposes. Order pronounced in the Open Court on 01.08.2018
Sd/- Sd/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 01.08.2018 Rkk Copy to: • The Appellant • The Respondent • The CIT • The CIT(A) • The DR