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TMI Blog2012 (12) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... onnel to operate and maintain it and the assessee was also paid profit share in lieu of salary in installments after deduction of tax at source. It is observed that after due consideration of submissions and evidence submitted by the assessee and examined by the AO, the CIT(A) held that the entire amount had been properly explained by the appellant assessee and he deleted the addition on just and proper grounds - Decided against Revenue - I.T.A.No.3680/Del/2008 - - - Dated:- 20-7-2012 - SHRI SHAMIM YAHYA, AND SHRI CHANDRA MOHAN GARG, JJ. Appellant by: Shri S. Mohanty, DR Respondent by: Smt. Nigha Gupta O R D E R PER CHANDRA MOHAN GARG, JUDICIAL MEMBER This appeal has been preferred by the Revenue against the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come had been earned abroad and was not liable to be taxed in India. Hence, he added this entire amount of Rs.57,48,341 to the income of the assessee. 4. The aggrieved assessee invoked the CIT(A) and he deleted the addition with a finding being reproduced below for the sake of clarity in the adjudication of this appeal:- 4. I have perused the facts and carefully considered the submissions. The only issue for consideration is whether the sum of Rs.57,48,341/- which has been added by the AO is explained or not. If, it is explained, the status of the appellant whether resident or non-resident would be irrelevant as no other addition ahs been made as per assessment order. The matter was remanded to the AO to verify whether the deposits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TDS works out to Rs.68,68,865/- which have been deposited in Everest Bank. On comparison of the bank account of the appellant in Everest Bank vis- -vis date-wise record of salary issued by the employer, it was noticed that the difference was on account of deposit of Rs.12,00,000/- in cash and Rs.21,268/- on account of bank interest. This deposit of Rs.1,00,000/- on 15.6.2004 has been explained through withdrawal of Rs.1,00,000/- made on 7.6.2004 from the PNB account, Alakhnanda Branch New Delhi. Thus, the entire amount has been explained by the appellant. In the light of these facts, the addition of Rs.57,48,341/- made by the AO is unjustified and is ordered to be deleted. Hence, this appeal by the Revenue before this Tribunal. 5. We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... requested that the impugned order may be confirmed by dismissing this appeal. 7. On bare reading of the impugned order, we observe that the assessee submitted following submissions before ld. CIT(A) along with various documents such as copies of the bank account and log book etc.:- 3.1 The assessee has made following submission in this regard as under:- i) The assessee is an employee of Gorkha Airlines, which has its headquarter at Maharajganj, Kathmandu, Nepal. This can be perceived from Annexure 1 enclosed with this submission. ii) That the Gorkha Airlines flight schedule vividly indicates that the Gorkha Airlines operate its flights only in Nepal (Flight Schedule is enclosed as per Annexure-II). The Gorkha Airlines do not oper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ian National to Shri Satish Chandra Sharma, assessee vide registration No. 955/98 dated 19.6.1998. ix) That an affidavit to the effect that Capt. Satish Sharma was a Non-resident during the AY 2004-05 and 2005-06 along with documentary evidence was submitted to the AO during the course of assessment proceedings. 8. The CIT(A) forwarded the written submissions and documents annexed with it to the AO for examination and comments. The AO submitted his report through letter dated 23.7.2008 with following comments:- From the copy of bank statement it has been observed that assessee was having saving bank account No.0370F with Everest Bank Ltd. It has been further observed that account was having opening balance as on 1.4.2004 at Rs.4,8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een taxed in the hands of the assessee but only the investments made in India were added on account of failure on the part of the assessee to furnish the adequate evidence in respect of this source. 9. On bare reading of the impugned order it is revealed that the ld CIT(A) noted the assessee was employed in Gorkha Airlines, Nepal as Sr. Captain during AY 2004-05 and retired on 23.2.2005 and the assessee was paid for finalizing the aircraft deal pertaining to Doniar Aircraft and for training the personnel to operate and maintain it and the assessee was also paid profit share in lieu of salary in installments after deduction of tax at source. We finally observe that after due consideration of submissions and evidence submitted by the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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