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TMI Blog2020 (2) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... . Appeal of the Assessee is allowed for statistical purposes. - ITA No. 1369/DEL/2019 - - - Dated:- 3-2-2020 - Shri H.S. Sidhu, Judicial Member For the Assessee : Shri Sunil Kumar Mukhi, Adv. For the Revenue : Sh. Pradeep Singh Gautam, Sr. DR. ORDER This appeal is filed by the assessee is against the order of the Ld. Commissioner of Income Tax [Appeals], Hisar dated 12.12.2018 pertaining to assessment year 2008-09 on the following grounds:- 1. That the orders of the Ld. CIT(A) are against the facts and circumstances and legal provisions of law, thus are illegal, erroneous, unjustified and perverse. 2. That the Ld. CIT(A) is not justified in concurring with the AO in confirming the issuance of notice u/s. 148 of the Act as the appellant disputes the very issuance of the impugned notice as without jurisdiction and hence bad in law and hence the consequent proceedings and additions are also bad in law. 3. (a) That the Ld. CIT(A) is not justified in concurring with the AO in confirming the addition of ₹ 9,75,000/- without affording sufficient opportunity of hearing of the appellant which action is against the facts of the present cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lue of the property i.e. ₹ 13403775/- work out as per the collectroate rate prevailing in that area. When confronted on the issue of variation in value of the land so sold, the AR of the assessee in the written reply dated 03.10.2013 stated that actually the assessee sold the agricultural land measuring 31 Kanal 13 Marla (19148.25 sq. Yds) which was in dispute as the possession of the said land was defacto with Sh. Jagdish Dalal S/o Sh. Diwan Singh, resident of 1535, Urban Estate, Jind. The seller i.e. assessee filed a Civil Suit against him vide file no. 108 dated 1.5.2003. Sh. Vipin Kumar adopted son of Smt. Ram Kali Widow of Late. Sh. Ram Chander, Resident Vishkarma Colony, near Jain Nagar, Ward No. 19, House NO. 5166, Now Kolhapur Road, Kamla Nagar, Delhi vs. (1) Jagdish Dalal S/o Sh. Diwan Singh, Resident of 1535, Urban Estate, Jind and (2) Municipal Council, Jind through its President. 2.1 On this Petition, Court granted the stay against defendant no. 1 to restrain from interfering in peaceful possession over the land in dispute by way of raising any construction till disposal of the Suit. Assessee further stated that the assessee was under duress due to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment order. The statement of Sh. Jagdish Dalal was also recorded by the Income Tax Officer, Ward-2, Jind on 23.9.2013 during the course of assessment proceedings for the AY 2008-09 in the case of M/s Saraswati Builders, Jind in which he has denied having given any money to Sh. Vipin Kumar Jain during the period 29.3.2007 to 16.10.2007. Assessee vide letter dated 24.3.2014 called upon to have his position explained by 26.3.2014 which is reproduced in the middle of page no. 4 of the assessment order. AO fixed the case for hearing, but no reply was filed by the assessee nor his AR. Assessee requested for adjournment without any reasons before the AO, but the AO completed the assessment because the assessment is going to be barred by time and finally concluded that assessee has made cash deposits of ₹ 1975000/- (2115000 140000) being ₹ 140000/- does not pertain to AY 2008-09 in the saving bank account from his own undisclosed sources. The AO called the explanation from the assesee for source of amount of ₹ 1975000/-, but the assessee failed to explain the same before the AO and finally AO added ₹ 19.75 lacs to the return income of ₹ 1240310/- total ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. Counsel for the assessee further draw my attention towards the decision of the Hon ble Bombay High Court in the case of CIT vs. Jet Airways (I) Ltd. (2011) 331 ITR 236 (Bom) and requested that the addition in dispute may be deleted on legal as well as on merits also. In support of his arguments, he has also filed small Paper Book containing pages 1-23 in which he has attached the copy of the statement of Mr. Vipin Kumar Jain, the assessee, dated 19.2.2013 recorded by CIT, Hisar in the presence of Mr. Rajesh Swaroop Partner M/s Saraswati Builders i.e., Co-owner in the property so purchased from the assessee; copy of written submissions before CIT(A) Hisar and copy of sale deed dated 4.1.2008. He has also certified that these documentary evidences were filed before the authorities below. 5. Ld. DR relied upon the orders passed by the revenue authorities. At the time of hearing Ld. DR pointed out that Ld. CIT(A) in the impugned order has reproduced the grounds of appeal; statement of the assessee; remand report and has given the finding at para n. 5 to 5.2 at page no. 12 to 13 of the impugned order. He requested that Ld. CIT(A) has not passed a speaking order on the issue in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmission of the appellant cannot be accepted. During the remand report proceedings, the assessee was able to satisfy the AO regarding cash deposit of ₹ 10,00,000/-. However, balance ₹ 9,75,000/- the assessee could not satisfy the AO with any documentary evidence, nor prove beyond doubt has it was the same cash which he had withdrawn earlier from the bank. In light of the above, the assessee gets relief of ₹ 10,00,000/- and an addition of ₹ 9,75,000/- is confirmed. Appeal is partly allowed. 6.1 After going through the findings given by the Ld. CIT(A) on the issues in dispute in which the Ld. CIT(A) has disposed of the legal grounds regarding reopening u/s. 148 of the Act as well as given the relief of ₹ 10 lacs and upheld the balance addition of ₹ 9.75 lacs, I am of the view that the finding given by the Ld. CIT(A) by deleting the addition of ₹ 10 lacs and sustaining the addition of ₹ 9.75 lacs is non-speaking one, which is not acceptable in the eyes of law. Keeping in view of the facts of the present case and the arguments advanced by both the parties as well as documentary evidences filed by the assessee, I am of the v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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