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TMI Blog2022 (9) TMI 1309X X X X Extracts X X X X X X X X Extracts X X X X ..... been filed at the instance of the assessee against the order of the Ld. Commissioner of Income Tax-(Appeals)-11 (in short the Ld. CIT(A)), Rajkot dated 30/12/2015 arising in the matter of assessment order passed under Section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (here-in-after referred to as the Act ) relevant to the Assessment Year 2006-07. 2. The assessee has raised the following grounds of appeal: 1.0 The grounds of appeal mentioned hereunder are without prejudice to one another. 2.0 The learned Commissioner of Income Tax (Appeals)-H, Rajkot [hereinafter referred to as the CIT(A) erred on facts as also in law in confirming the reopening of assessment as valid. That on facts as also in law, initiation of action u/s. 147 of the Act is invalid and assessment made on such invalid initiation deserves to be quashed and may kindly be quashed. 3.0 The Ld. CIT(A) erred on facts as also in law in summarily confirming the addition made by the AO in total disregards to the submission made during the course of appellate proceedings. 4.0 The Ld. CIT(A) erred on facts as also in law in confirming addition of Rs. 3,84,57,514/- made u/s. 68 of the Act on the al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. As discussed hereinabove, it was proved that the submission of the appellant was evasive and far from the real state of affairs. Accordingly, in my considered opinion, the action of the AO was in order. Thus, the grounds of appeal are dismissed. 6. Being aggrieved by the order of the Ld. CIT(A) the assessee is in appeal before us. The Ld. A.R. before us filed a Paper Book running from Pages 1 to 83 and contended that the cash deposits in his bank account does not belong to him. As such he was merely acting at the behest of Shri Lalitmal Asumal Gangvani. 7. On the other hand, the Ld. DR vehemently supported the order of the authorities below. 8. We have heard the rival contentions of both the parties and perused the materials available on record. At the outset we note that the identical issue was raised in the own case of the assessee in ITA Nos. 138 and 119/RJT/2017 for the A.Ys. 2011-12 where the ITAT was pleased to delete the addition made by the authorities below. The relevant extract of the order is reproduced as under: 24. We have heard the rival contentions of both the parties and perused the materials available on record. Admittedly, there were huge cash d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in cash. Q-4. As stated by you that you are associated with ceramics companies of Morbi on commission, pi. State the for which companies you are dealing Ans. I am associated with the following ceramics companies of Morbi. 1). Hem ceramics, 2) Slogan Ceramics, 3) Ashar trading, 4) set me ceramics, 5) Centre ceramics, 6) Origin, 7) Sun City, 8) Cendrosa, 9) Shantibhai, 10) Winner, 11) Subh Marketing. Q-5 You ore associated with above companies on commission on sale, what is your daily and monthly turnover. Ans. My daily turnover is about rupees seven lacs and monthly is about 1.75 crores. Q-6 What is your monthly income? Ans. My monthly income is about Rs. 1700/- to Rs. 1800/-. 28. However, the authorities below has not carried out any verification from such parties despite having sufficient powers with them granted under the statute. As such, the assessee discharged his onus by furnishing the details of the parties as discussed above and the onus was shifted upon the revenue to disprove the contention of the assessee that he was not working on behalf of such ceramic manufacturers. 29. We also find that the case of the assessee was taken unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are not applicable to the income-tax authorities. Those pieces of evidence, which ore not sufficient in ordinary legal proceedings to prove a particular fact, would be sufficient for the tax officials to assess the income of an individual. 30. We also note that the learned CIT(A) has given contradictory finding in his order. As such the learned CIT(A) has observed the fact that the entire amount of deposit cannot be treated as income without considering the withdrawal from the bank. Such relevant finding of the learned CIT(A) is reproduced as under: There is continuous cash deposit and withdrawal on daily basis from these accounts. The A.O., has made addition of total cash deposits in these bank accounts by considering only the credit side of the bank account and the debit side i.e. withdrawal has been ignored altogether. This cannot be considered justified because, it is legally settled principle that the evidence should be relied upon in total and not in piece-meal manner. It is also legally settled principle that if there are withdrawal from the same account in cash prior to the deposit in cash, it is considered that the cash withdrawn has been utilized to deposit in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the parties engaged in ceramic manufacturers. Accordingly, we allow the ground of appeal of the assessee and dismiss the ground of appeal of the revenue. 35. In the result the appeal filed by the assessee is allowed whereas the appeal filed by the revenue is dismissed. 9. Before us, no material has been placed on record by the Revenue to demonstrate that the decision of Tribunal in the own case of the assessee as discussed above has been set aside/stayed or overruled by the higher Judicial Authorities. Before us, Revenue has not placed any material on record to point out any distinguishing feature in the facts of the case for the year under consideration and that of earlier year nor has placed any contrary binding decision in its support. The doctrines of judicial precedent have been evolved to ensure stability, consistency and conformity in law otherwise a judge could take any view in the interpretation of law resulting in chaos. In view of the above, we set aside the finding of the Ld. CIT-A and direct the AO to delete the addition made by him. Thus the ground of appeal raised by the assessee on merit is allowed. 10. As the assessee succeeds on the issue raised b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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