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TMI Blog2018 (1) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... ome which has been accepted by the AO also as per page one of his order. - Decided against revenue - CO No. 25/CHD/2017 In ITA No 424/CHD/2017 - - - Dated:- 4-1-2018 - MS. DIVA SINGH, JUDICIAL MEMBER Department by : Smt Chander Kanta, Sr.DR Assessee by : Shri Himanshu Kansal ORDER The present appeal has been filed by the Revenue assailing the correctness of the order dated 23.12.2016 of ld. CIT (Appeals)-2 Ludhiana pertaining to 2012-13 assessment year on the following grounds : 1. Whether in the circumstances of the fact of the case and in law, the Ld.CIT(A)-2, Ludhiana was right in deleting the addition of ₹ 45,00,000/- made on account of unexplained income from undisclosed sources. 2. Whether in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of his Remand Report is reproduced hereunder: From the foregoing facts and on the basis of additional evidence furnished by the assessee, it appears that the assessee had made cash deposits of ₹ 45,00,000/- in his saving bank account with SBOP at village Jattuan, Tehsil Dhuri out of his sale proceeds of agricultural land sold at village Jattuan, Tehsil Malerkotla. 3.2 Considering the said fact, relief was granted by the CIT(A) to the assessee which is under challenge in the present proceedings. 4. The ld. Sr.DR relied upon the assessment order. 5. The ld. AR on the other hand, relied upon the impugned order. Heavy reliance was placed on para 4.5 to 4.7 of the impugned order. The said paras are reproduced hereunder f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 45.00 lacs is on account of advance payment for same of agricultural land situated at Village Jattuan, Malerkotia, which has not been considered by the AO without going into the facts of the case, the assessment was completed u/s 144 of the Income Tax Act, 1961. 4.7 Keeping in view of all the facts and circumstances of the case, I am inclined to agree with the contention of the appellant. The appellant has fully justified his contention that he had deposited ₹ 45,00,0007- on 14.11.2011 in account no. 65070334459 maintained with State Bank of Patiala- Malerkotia branch as against the advance received in cash as per agreement dated 13.11.2011. Therefore, the disallowance made by the AO is deleted. This ground of appeal is allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistered on 21.11.2011 and an amount of ₹ 256.00 lacs was received by way of RTGS and credited to the bank account no. 65070334459 maintained with State Bank of Patiala- Malerkotla Branch dated 21.11.2011 (Copy of registry annexed herewith Annexure B). 4. Remaining part of the land was got registered on 21.03.2012 for an amount of ₹ 239.40 lacs out of which an amount of ₹ 45.00 lacs of advance received on 13.11.2011 was adjusted and remaining amount of ₹ 194.40 lacs was received by way of RTGS and credited to the bank account no. 65070334459 maintained with State Bank of Patiala - Malerkotla dated 21.03.2012 (copy of registry annexed herewith Annexure C). 6.1 Considering the submissions, facts and findings arr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to show higher efficiency by concerned officials by filing a higher number of appeals. The mindless adherence to targets can cause irreparable havoc in the faith of the citizens in the administrative set up which should be avoided and obhored at all costs. A positive affirmative atmosphere may need to be created encouraging the concerned officials to bloom in a fearless atmosphere of trust and confidence in their functioning balanced with clear and unambiguous instructions that filing of frivolous appeals shall be viewed strictly and negatively. The message has to be clearly sent that filing of appeals mindlessly would be viewed and considered to be an act of inefficiency or dereliction of duty and not higher efficiency. Forcing the tax pay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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