MANGAT RAM ,YAMUNA NAGAR vs. INCOME TAX OFFICER WARD 5 , YAMUNA NAGAR

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ITA 481/CHANDI/2024Status: DisposedITAT Chandigarh09 December 2024AY 2007-08Bench: SHRI SANJAY GARG (Judicial Member)5 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 held that the assessee had explained the source of deposits to the extent of the sale consideration received. The remaining small amount was presumed to be out of agricultural income. Consequently, the addition and the penalty were deleted.

What were the facts?

The assessee sold agricultural land and deposited the sale consideration in their bank account. The Assessing Officer made an addition on account of unexplained cash deposits, which was confirmed by the CIT(A). A separate appeal was filed against the penalty levied on this addition.

What were the issues?

Whether the addition made on account of unexplained cash deposits in the bank account was sustainable, and consequently, whether the penalty levied on such addition was valid.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Order Both the captioned appeals have been preferred by the assessees against the separate orders passed by the ld. Commissioner of Income Tax, Appeal National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as the “Ld. CIT(A)”] dated 29.02.2024 & 20.09.2023 respectively for the Assessment Year: 2007-08.

1.

is relating to the quantum additions, whereas, is relating to the & 481/CHD/2024 Mangat Ram v. ITO 2 penalty levied u/s. 271(1)(c) of the Income Tax Act, 1961 (in short ‘the Act’) in respect of the aforesaid quantum additions made by the Assessing Officer (in short “AO”)

2.

The sole issue involved in the present appeal is relating to the confirmation of the addition made by the Assessing Officer of Rs. 3,74,572/- on account of unexplained cash deposits in the Bank account of the assessee.

3.

At the outset, the ld. counsel for the assessee has submitted that the assessee had sold agricultural land and received sale consideration of Rs.12.50 lacs. However, the Assessing Officer noticed that the assessee had 6/7 share in the sold property. He therefore, calculated the share of the assessee in the sale consideration accordingly and held that the source of deposits to the extent of Rs.10,71,428/- stood explained. He, however, made the addition of the remaining amount of Rs.3.74 lacs as cash deposits from unexplained sources of income. The ld. CIT(A) confirmed the addition so made by the Assessing Officer.

4.

I have heard the rival contention and gone through the records. The ld. counsel for the assessee has submitted that the entire sale consideration was deposited in the Bank account of the assessee.

& 481/CHD/2024 Mangat Ram v. ITO 3 That the Assessing Officer was not justified in accepting the deposits only to the extent of share of the assessee in the sold land, i.e. up to Rs.10,71,428/- only, instead of total consideration received of 12.15 lacs. He has further submitted that the assessee being the agriculturist, and the remaining amount of Rs.1.96 lacs was out of agricultural income of the assessee.

5.

The ld. DR, however, has submitted that since the assessee could not explain the source of deposits of Rs.3.74 lacs, therefore the lower authorities have rightly made/confirmed the impugned addition.

6.

I have considered the rival submission. In my view, the assessee has duly explained the source of deposits to the extent of Rs.12.50 lacs being the sale consideration received from the sale of agricultural land. So far as, the meager amount of Rs.1.96 lacs is concerned, considering the smallness of the amount, it can be well assumed that the said amount was out of the agricultural income of the assessee. In view of this, the impugned addition made by the Assessing Officer is not sustainable and the same is ordered to be deleted.

7.

The appeal of the assessee is treated stands allowed.

& 481/CHD/2024 Mangat Ram v. ITO 4 ITA No. 481/CHD/2024

8.

The appeal is time barred by 159 days. The ld. counsel for the assessee has submitted that the assessee was not aware of that the penalty appeal has been decided by the ld. CIT(A), even prior to the decision given in the quantum appeal. The assessee came to know of the impugned order of the ld. CIT(A) after the decision in the quantum appeal, resulting in the aforesaid delay. Considering the above submission, the delay in filing the above appeal is hereby condoned.

9.

The impugned penalty assailed in this case is based upon the quantum additions. As discussed above, while adjudicating in since, the quantum addition stands deleted, hence, the very basis for which the penalty was levied as ceased to exist. The impugned penalty, thus has not legs to stand, hence, the same is ordered to be deleted.

10.

In the result, both the above appeals are allowed.

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