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10-04-2019, Jitendra Kumar Yadav, Section 68, 2(12A), 69A, Tribunal Delhi

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2 months 1 week ago #9121 by amit
Section - 68, 2(12A), 69A, 44AD, 271(1)(c)
Order Date - 10-04-2019
Favouring - Assessee Partly allowed for statistical purposes
Court - Tribunal Delhi
Appellant - Jitendra Kumar Yadav
Respondent - ACIT
Justice - H. S. Sidhu JM & N. S. Saini AM
Citation - 419Taxpundit156
Appeal No. - ITA No. 1808/Del/2016
Asstt. Year - 2010-11

Order

PER : N. S. Saini

Thi s i s an appeal filed by the assessee against the order o f CIT(A)-XIX , New Delhi dated 06.01.2015.

2. The assessee has rai sed following grounds of appeal:

“(1) Id . CIT(Appeals) has unfairly upheld the double taxation o f Rs. 19.00.000/- which was cash deposit into bank whereas in the original computation o f Income assessee included the income o f R s. 19,00,000 as Cash Credit into bank.

(2) Id . CIT(Appeals) has un fairly upheld the addition o f Rs. 19,00.000/- (against the duly declared agriculture Income o f Rs. 20,00,000/-) treated them a s Undisclosed Income u/s 68 o f the Act in the impugned order u/s 143(3) whereas only Rs. 1,00,000/- ha s been allowed as agricultural income.

The Appellant/Assessee prays for grant o f permission to Add/Insert/Alter/ Modi fy/Recti fy any part o f the above grounds o f appeal at any time either before or during the course o f hearing o f this appeal .”

3. In ground no. 1 of the appeal , the grievance of the assessee i s that the Commi ssioner of Income Tax (Appeal s) erred in con fi rming addi tion of Rs.19,00,000/- on account of cash deposi t in bank account.

4. We have heard the rival submissions and perused the orders of the lower authorities and materials available on record. The assessee in the return of income filed on 29.07.2010 has shown gross total income at Rs.56,17,881/- which comprised of salary income of Rs.6,00,000/-, business income declared u/s 44AD of the Act of Rs.5,93,385/- and income from other sources of Rs.44,24,496/-.

5. The income from other sources was as under:

“Interest Bank SB Account 24496
Cash Credits in Bank 1900000
Other Income 2500000
Total 4424496”

6. During the course of assessment proceedings, the assessee furnished a revised computation before the Assessing Officer wherein he declared income from other sources as under:

“Interest Bank SB Account 24496
Other Income 2500000
Total 2524496”

7. The assessee claimed before the Assessing Officer that deposit of Rs.19,00,000/- in the bank was included in the income of Rs.25,00,000/- declared under the head income from other sources and other income. However, due to mistake in the return of income Rs.19,00,000/- was again separately declared as income. In other words, income of Rs.19,00,000/- was offered for tax twice due to mistake in the return of income.

8. However, the Assessing Officer has not accepted the above contention of the assessee and not reduced Rs.19,00,000/- on the ground that the assessee has not filed revised return of income.

9. On appeal, the Commissioner of Income Tax (Appeals) confirmed the action of the Assessing Officer for the same reason.

10. The Authorized Representative of the assessee reiterated the submissions made before the lower authorities and relied upon the decision of Hon’ble Delhi High Court in the case of CIT Vs Sam Global Securities Ltd. 360 ITR 682 (Del.)

11. On the other hand, the ld. Departmental Representative supported the orders of the lower authorities

12. We find that under the scheme of the Income Tax Act, a person assessable on his total ncome computed as per the provisions of the Act. The Assessing Office is duty bound to compute income as per the provisions of the Act after taking into consideration all the facts available before him. It is opined also by the CBDT that while making assessment, the Assessing Officer should not take advantage of the ignorance or mistake of the assessee.

13. In the instant case, the assessee has claimed that amount of Rs.19,00,000/- was mistakenly declared as income twice, once separately shown as income and again by including the same in other income of Rs.25,00,000/-. However, the details of other income of Rs.25,00,000/- was not furnished before us and the same was also not examined by the

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