SHRI JIGNESH BABULAL MODI,PATAN vs. ITO, WARD-1, PATAN
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 revenue had accepted similar commission income in the preceding assessment year (2009-10) based on cash deposits. Since the assessee provided details and established the modus operandi, the Assessing Officer could not take a different stand in the subsequent year.
What were the facts?
The assessee's assessment was reopened based on information regarding cash deposits in his bank account. The Assessing Officer made an addition of Rs. 31,81,300/- as unexplained deposits, which was confirmed by the CIT(A). The assessee argued that these were commission income from a firm, which was accepted in a prior assessment year.
What were the issues?
Whether the reopening of assessment was justified and if the cash deposits in the bank account were correctly treated as unexplained income, considering the acceptance of similar commission income in a prior year.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AHMEDABAD “SMC” BENCH
Before: Ms. Suchitra Kamble
आदेश/ORDER
This is an appeal filed against the order dated 11-01- 2019 passed by ld. CIT(A) for assessment year 2010-11.
The grounds of appeal are as under:-
‘(1) That on facts, and in law, the re-opening of assessment u/s 147 of the Act is not justified, and it be held held as invalid and void ab initio.
(2) That on facts, and in law, the learned CIT (A) has grievously erred in confirming the addition of Rs. 31,81,300/- made in respect of deposits in appellant's bank account by treating it as unexplained deposits. (3) That on facts, in law, and on evidence on record, the entire addition ought to have been deleted, as prayed for. (4) The appellant craves leave to add, alter, amend any ground of appeal.”
The assessee filed return of income declaring total income of Rs. 1,61,027/- for assessment year 2010-11. On the basis of the information, the assessee’s case was reopened after taking prior approval. Accordingly, notice u/s. 148 of the Act was issued on 29-03-2016 and was served upon the assessee. The assessee has not complied with the notice u/s. 148 and subsequently notices u/s. 142(1) which was issued earlier not responded by the assessee. Thus, the Assessing Officer proceeded on the basis of the section 144 r.w.s. 147 and made addition of Rs. 31,81,300/- in respect of unexplained cash deposits in the bank account of the assessee.
Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee.
The ld. Authorized Representative submitted that as regards the cash deposits, the revenue has accepted the similar cash deposits in the earlier assessment year from the same bank account as the cash deposits was in respect of the commission income. In fact, the CIT(A) on page 3, of the order categorically mentioned the assessee’s submission that the assessee deposited cash in saving bank account and commission was paid on such cash deposits. The ld. Authorized Representative submitted that the assessee who was salaried employee was also into share business which was manipulated by the owners of the firm in order to deposit their cash in bank account of the assessee. The commission was paid out on such cash deposits earlier, the same was accepted in assessee’s case. The assessee has established that the earning of commission income on such deposits was reflected in his income statement. The ld. Authorized Representative further submitted that the assessee had lodged a complaint against the partners of the firm and has stated about the modus operandi of the partners before judicial magistrate, Deesa. In fact, the FIR was also filed before the authorities. The ld. Authorized Representative submitted that once the Revenue accepted the said commission income at 3%, the same cannot be in subsequent year considered as cash deposits in assessee’s bank account.
The ld. Departmental Representative submitted that whether this was the commission income or not has not been established by the assessee before the Assessing Officer as well as before the CIT(A). The ld. Departmental Representative relied upon the assessment order and the order of the CIT(A).
Heard both the parties and perused all the relevant materials available on record. It is pertinent to note that the assessee has categorically mentioned before the Assessing Officer in assessment year 2009-10 that the assessee is earning commission income to the extent of 3% upon the cash deposit and also the assessee has lodged complaint in respect of partners of the firm to the judicial magistrate court. The undisputed fact is that for assessment year 2009-10, the Department has accepted the commission income of the assessee on these cash deposits and therefore, the Assessing Officer cannot take a different stand in the subsequent year as the assessee has given the details of the cash deposit to the CIT(A). The assessee has categorically mentioned that these cash deposit does not belong to the assessee and belongs to the partners of the firm Amar Enterprises. This has been accepted by the revenue in assessment year 2009-10. Thus, addition made by the Assessing Officer and confirmed by the CIT(A) does not sustain as the assessee has discharged its onus in respect of commission income as well as the cash deposits which does not belong to the assessee but that of partnership firm.
In the result, the appeal of the assessee is allowed.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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