SUDHIR D KADAV,MUMBAI vs. ITO 21(3)(2), MUMBAI

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ITA 2562/MUM/2014Status: DisposedITAT Mumbai14 January 2016AY 2010-114 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the ownership of land by the father was not disputed. Considering the principle of natural justice, the matter was remanded to the Assessing Officer for re-examination of the assessee's claim.

What were the facts?

The assessee declared income from salary and had cash deposits claimed as loans from his father. The Assessing Officer added the deposits as income from undisclosed sources. The assessee provided agricultural income proof of his father to support the loan claim.

What were the issues?

Whether the cash deposits claimed as loans from the father were genuine and supported by evidence, and if the Assessing Officer properly examined the claim.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “SMC”, MUMBAI

Before: Shri Joginder Singh,

For Respondent: Shri V.S. Jadhav-DR
Hearing: 14/01/2016

आदेश / O R D E R

1.

The assessee is aggrieved by the impugned order dated 07/03/2014 of the Ld. First Appellate Authority, Mumbai. The sum and substance of the ground raised is cash deposit from undisclosed sources.

2.

During hearing of this appeal, none was present for the assessee as the registered AD notice, sent to the assessee, was returned back by the postal authorities with the remark “unclaimed”. It is seen that the notice was sent at the address, provided in column 10 of Form No.36, duly filed and signed by the assessee, therefore, I have no option but to proceed ex-parte, qua the assessee, and tend to dispose of the appeal on the basis of material available on record. On the other hand, the ld. DR, Shri V.S. Jadhav, defended the conclusion arrived at in the impugned order.

2.1. I have considered the rival submissions and perused the material available on record. The facts, in brief, are that the assessee derived income from salaries, declared total income at Rs.9,13,682/- in his return filed on 06/04/2011. The ld. Assessing Officer added income from undisclosed sources amounting to Rs.4,73,000/- which were claimed to be genuine loan received from the father of the assessee. The assessee also, before the ld. Assessing Officer, furnished the copy of 7/12 of agriculture land held by his father to prove the genuineness of the agriculture income and advancement of loan to the assessee. Even before the ld. Commissioner of Income Tax (Appeals), the assessee furnished the copy of “Utpannacha Dakhla”, signed by Talathi of the village of his father in Satara showing income of his father amounting to Rs.3 lakh from agriculture, as is evident from, the statement of facts, filed before this Tribunal, by the assessee. It is noted that the ownership of land by the father has not been disputed by the department. As per Article 265 of the Constitution, only due taxes has to be collected/levied, therefore, keeping in view, the principle of natural justice and further no grievance is caused to either side, this file is remanded to back to the file of the Assessing Officer to examine the claim of the assessee and decide in accordance with law. The assessee is also directed to furnish necessary evidence in support of his claim. The assessee be given due opportunity of being heard, thus, the appeal of the assessee is allowed for statistical purposes only.

Finally, the appeal of the assessee is allowed for statistical purposes only.

This order was pronounced in the open in the presence of ld. DR at the conclusion of the hearing on 14/01/2016.

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