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TMI Blog2017 (4) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... tion in the said saving bank account of the assessee with Dena Bank and were already subjected to tax in ROI filed voluntarily by assessee with Revenue. Regarding the other additions as sustained by learned CIT(A) , as agreed and admitted by the ld. counsel for the assessee, we are confirming the said additions in the hands of the assessee. The AO shall grant proper and adequate opportunity of being heard to the assessee in accordance with principles of natural justice in accordance with law. - Decided partly in favour of assessee for statistical purposes. - I.T.A. No.5303/Mum/2012 - - - Dated:- 10-4-2017 - SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER For The Assessee : Shri Pradeep S. Shetty Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal in the interest of justice as in our considered view, the said delay in filing this appeal before the tribunal is satisfactorily explained by the assessee and we proceed to hear the appeal on merits. If technicalities are pitted against the interest of justice, the Courts will lean in favour of sub-serving the interest of justice , provided there is no malafide on the part of litigant in not filing the appeal in time as prescribed by law. 4. The issue involved in this appeal is in very narrow compass. The assessee s main source of income is salary and commission income. During the course of assessment proceedings u/s 143(3) r.w.s. 143(2) of 1961 Act, the A.O. observed that the assessee has two bank accounts, one is current accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by learned DR that whether Revenue has filed any appeal against part-relief granted by learned CIT(A) to the assessee. 6. Aggrieved by the appellate order dated 07-06-2012 passed by learned CIT(A) , the assessee filed second appeal with the Tribunal. 7. The ld. Counsel for the assessee submitted that the assessee does not have any evidence to explain the credits in the Dena Bank saving bank account , except the relief given by the ld. CIT(A) and also some credits which were on account of income earned by the assessee which stood already declared in the return of income filed by the assessee with Revenue. It is submitted that the assessee s salary income of ₹ 2,40,000/ earned from Chowdhary Tubes declared in the return of incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that there is double addition to income of the assessee as the afore-stated three income s viz. Salary income of ₹ 2,40,000/- commission income of ₹ 1,42,695/- and interest income of ₹ 711/- which were already declared in the return of income filed by the assessee with Revenue, which is now again brought to tax by the Revenue leading to double taxation of the same income, which is not sustainable in law. 8. The ld. D.R. submitted that contentions of the assessee that the said income under three heads viz. Salary income of ₹ 2,40,000/- commission income of ₹ 1,42,695/- and interest income of ₹ 711/- has been credited in the Dena Bank saving bank account of the assessee bearing number 05431000624 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alance amount of ₹ 17,18,391/- was confirmed as additions to the income of the assessee by ld. CIT(A) u/s 68 of 1961 Act . It is observed that against the above decision of the ld. CIT(A) granting aforesaid relief to the assessee, the Revenue has not filed any appeal as learned DR could not point out the same before us and the same has attained finality on the basis of material before us. We find that there were three credits in the said Dena bank received by the assessee viz. Salary income of ₹ 2,40,000/- commission income of ₹ 1,42,695/- and interest income of ₹ 711/- which was claimed by the assessee to be declared by the assessee in the return of income filed with the Revenue and claimed to be offered for taxatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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