Forum
Read and express views
× Latest Case Laws on Income Tax by various Income Tax Appellate Tribunals in India

These are the latest case laws decided by various Income Tax Appellate Tribunals (ITAT) of India on Income Tax which have been published recently. The case laws are open for discussion and we invite expert comments from our members on its applicability and effect on relevant issues.

14-01-2020, Pabitra Mohan Samal, Section 131, 144C, Tribunal Cuttack

  • amit
  • amit's Avatar Topic Author
  • Offline
  • Administrator
  • Administrator
More
6 days 3 hours ago #12052 by amit
Section - 131, 144C, 132, 90
Order Date - 14-01-2020
Favouring - Assessee Partly
Court - Tribunal Cuttack
Appellant - Pabitra Mohan Samal
Respondent - ITO
Justice - C.M. GARG, JM & L.P. SAHU, AM
Citation - 120Taxpundit117
Appeal No. - ITA No.314/CTK/2017
Asstt. Year - 2011-2012

Order

PER : L.P.Sahu, AM

This appeal is filed by the assessee against the order of CIT(A)-2, Bhubaneswar dated 13.06.2017 for assessment year 2011-2012 on the following grounds :-

1. That the order passed by the Learned Income Tax Officer(ITO) is arbitrary, excessive, contrary to facts and bad in law.

2. That the learned CIT(A) has wrongly upheld the addition of Rs.36,58,500 made by the learned Assessing Officer to the total income as unexplained deposit in Axis Bank (A/c No. 909010041840143),without considering the details/documents/explanations /source of deposit of the same.

3. That the learned CIT(A) has wrongly upheld the addition of Rs.13,00,000 made by the learned Assessing Officer to the total income as unexplained deposit in State Bank of India (A/c No. 31264302987), without considering the details/documents/explanations /source of deposit of the same.

4. That the learned CIT(A) has wrongly upheld the addition of Rs.1,00,000 made by the learned Assessing Officer to the total income as unexplained deposit in Punjab National Bank (A/c No. 05530000400018385),without considering the details/documents/explanations /source of deposit of the same.

5. That the learned CIT(A) has wrongly upheld the addition of Rs.7,00,000 made by the learned Assessing Officer to the total income as unexplained deposit in HDFC Bank (A/c No. 012219300078637), without considering the details/documents/explanations /source of deposit of the same.

6. That the learned CIT(A) has wrongly upheld the addition of Rs.1,00,000 made by the learned Assessing Offi er to the total income as unexplained investment in purchase of fla .without considering the details/documents/explanations submitted in this regard.

7. Any other grounds that will be urged at the t me of hearing.

2. Brief facts of the case are that the assessee filed his return of income on 05.09.2011 declaring total income at Rs.2,22,230/- for the assessment year 2011-2012 The return of income of the assessee was processed on 31.07.2012 and the case was selected for scrutiny under CASS. The notices u/s.143(2) & 142(1) of the Act and other statutory notice has been issued to the assessee. On verification of the return filed by the assessee, the AO noticed that the assessee has shown salary income, claimed deduction u/s.80C of the Act. On further verification of bank statements, it was noticed that the cash have been deposited in his bank account on various dates, which were not disclosed in the return of income filed by the assessee. The assessee filed written submission on 20.08.2013 and furnished statements of six bank accounts. Accordingly, the AO framed the assessment u/s.143(3) of the Act making various additions, details of which are as under :-

i) Interest income of Rs.76,829/-;
ii) unexplained investment in purchase of flat – Rs.1,00,000/-
iii) receipt from unexplained source- Rs.36,58,500/-
iv) receipt from unexplained source- Rs.13,00,000/-
v) receipt/deposits from unexplained source- Rs.1,00,000/-
vi) receipt/deposits from unexplained source- Rs.3,00,000/-
vii) receipt/deposits from unexplained source- Rs.2,00,000/-
viii) receipt/deposits from unexplained source- Rs 2,00,000/-

3. Feeling aggrieved from the assessment order, the assessee preferred appeal before the CIT(A) assailing all the additions made by the AO except the addition made on account of interest income. The CIT(A) observed that though the assessee has filed confirmations of two persons, namely, Shri Soumya Ranjan Samal and Shri Susanta Nayak, however, these documents were not filed before the AO nor any application of additional evidence has been filed by the assessee during the appellate proceedings. Accordingly, the CIT(A) dismissed the appeal of the assessee upholding the action of AO in making all the above additions.

4. Further feeling aggrieved from the order of CIT(A), the assessee is now in appeal before the Income Tax Appellate Tribunal.

5. Ground Nos.1 & 7 are general in nature.

6. Before us, ld. AR, with regard to ground No.2, pertaining to addition made by the AO and confirmed by the CIT(A), submitted that the assessee was looking after the construction of house of Shri

Click to view and download Full Free Judgement of Pabitra Mohan Samal vs. ITO

Unable to display Google Map.




Please Log in or Create an account to join the conversation.

Time to create page: 0.100 seconds

If You Appreciate What We Do Here On TaxPundit, You Should Consider:

We are thankful for your never ending support.

Latest Analysis - High Courts

CIT vs. Media World Wide Pvt. Ltd.

CIT vs. Media World Wide Pvt. Ltd.

CIT vs. Media World Wide Pvt. Ltd. Read More
CIT vs. NARODA ENVIRO PROJECTS LTD.

CIT vs. NARODA ENVIRO PROJECTS LTD.

CIT vs. NARODA ENVIRO PROJECTS LTD. Read More
CIT vs. Zuari Industries Ltd.

CIT vs. Zuari Industries Ltd.

CIT vs. Zuari Industries Ltd. Read More
INTEC CORPORATION vs. ACIT

INTEC CORPORATION vs. ACIT

INTEC CORPORATION vs. ACIT Read More
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46

Forum Features

Latest Case Laws
Latest Case Laws are instantly updated in the Forum into their respective section
Latest from CBDT
Latest Circulars, Notifications, Orders etc. from CBDT is updated in the Forum
Ask Experts
You can ask questions to the community
Support
Support queries are either replied via mail or in the Forum so that others can be benefited
Press Releases
Latest Press Notes and Press Releases are updated in the Forum
Connect with Members
You can connect with our community members by replying to their queries

Recommended Articles

 

SITE INFORMATION

All content herein is the copyright of Taxpundit. No images, text, or any other content may be, reproduced or redistributed without the express written consent of Taxpundit.

All Rights Reserved. All Content Copyright.

Newsletter

Subscribe to our newsletter and stay updated on the latest developments and special offers!

Company Master Data Since 1900. More than 1.75 Million Records. Register/Login to get FREE access. Read more
Toggle Bar