9911796707
TMI Blog2014 (3) TMI 679X X X X Extracts X X X X X X X X Extracts X X X X ..... unexplained in the assessment year – Decided in favour of Assessee. - ITA. No. 96/Hyd/2012 - - - Dated:- 8-8-2013 - Shri Chandra Poojari And Smt. Asha Vijayaraghavan,JJ. For the Appellant : Shri A. V. Raghuram For the Respondent : Shri S. Ramu ORDER Per Smt. Asha Vijayaraghavan, J. M. This appeal filed by the assessee against the Order of the CIT(A)-III, Hyderabad dated 18.10.2011 for the assessment year 2002-2003. 2. At the outset, it is noticed that there is a delay of 14 days in filing the present appeal. The learned Counsel for the assessee has filed a petition explaining the reasons for the delay in filing the present appeal. We are convinced with the reasons stated in the petition and therefore, we con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contention of the assessee for having accumulated opening balance of Rs.3,37,285/- as shown in the receipt and payment statement filed by her for the year ended 31.3.2002 and considered the same as NIL. The Assessing Officer completed the assessment on a total income of Rs.49,000/- vide his order dated 30.12.2009 passed under section 143(3) read with section 153C read with section 153A of the Act. 5. Aggrieved, assessee filed appeal before the CIT(A). The learned A.R. filed an additional ground as follows : The A.O. erred in initiating proceedings u/s. 153C for this assessment year though there is no material suggesting any undisclosed income for this assessment year. 6. The learned A.R. relied on the decision of Gujarat High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the Assessing Officer for rejecting her claim about accumulated balance of Rs.1,70,000/- from professional income. Therefore, the CIT(A) upheld the rejection of the Assessing Officer with respect to claim of the assessee about accumulated balance from professional income. 9. With respect to claim regarding accumulated balance for an amount of Rs.2,95,000/- from agricultural income during the period 1991 to 2001, the CIT(A) held that there is actually no evidence produced for the same. The CIT(A) held that the assessee has not produced any evidence for receipt of agricultural income from the land owned by her and has merely filed copies of documents for possessing agricultural land to the extent of ac.3.78 cents in Srikakulam Distr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undisclosed income for this year. 11. With respect to ground Nos. 8 and 9, the learned Counsel for the assessee reiterated the submissions made before the lower authorities. 12. The learned D.R. relied on the Order of the CIT(A). 13. We have heard both the parties. With respect to ground No. 1 to 7 the learned Counsel did not press and hence they are dismissed as not pressed. The learned Counsel for the assessee Shri A.V.Raghuram submitted before us that the land was wet land and the assessee had earned nearly Rs.20,000/- per month. The Assessing Officer has not disputed the agricultural income or the ownership or the nature of the land and the accumulated agricultural income over a period of time for an average extent of ac.3.78c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the availability of cash balance, it can go to the concerned asst. yr. 1990-91 and treat it as unexplained income, but it cannot treat the opening balance in the asst. yr. 1991-92 as unexplained. The learned counsel for the assessee strongly supported the order of the CIT(A). 6. . . . . . . .The Tribunal held that the A.O. has failed to take cognizance of the return for 1990-91, while deciding the issue of 1991-92 as the return was before him. The opening balance of cash cannot be treated as unexplained in the assessment year 1991-92. In view of this position, we have no hesitation in confirming the order of the CIT(A) and reject the ground taken by the Revenue. 16. In the result, appeal of the assessee is allowed. Order pronoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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