9911796707
TMI Blog2024 (9) TMI 1375X X X X Extracts X X X X X X X X Extracts X X X X ..... fs (death certificate in case of one deceased), copies of these documents were also filed to CIT(A). On examination, we find that the parties have given their A/c Confirmations in which details of loans taken from assessee and repayments made to assessee with dates are mentioned which tally with the details submitted by assessee to AO. The same details are also testified by respective parties by way of notarized affidavits (except one person which had already deceased). The id proof of parties in the shape of aadhar cards are also available. The evidences filed by assessee prove the transactions claimed by assessee. In that view of matter, the addition made by AO is found not sustainable. Assessee appeal allowed. - Shri Vijay Pal Rao, Judicial Member And Shri B.M. Biyani, Accountant Member For the Assessee : Shri Santosh Deshmukh, CA For the Revenue : Shri Ashish Porwal, Sr. DR. ORDER PER B.M. BIYANI, A.M.: Feeling aggrieved by appeal-order dated 28.02.2024 passed by learned Commissioner of Income-Tax (Appeals)-Addl./JCIT (A)-1, Kolkata [ CIT(A) ] which in turn arises out of assessment-order dated 18.11.2019 passed by learned ITO, Sendhwa [ AO ] u/s 143(3) of Income-tax Act, 1961 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use notice , the assessee submitted one more reply on 11.11.2019 stating that he had already filed the relevant details and was in the process of submitting further documents. But the AO made an addition of Rs. 2,00,000/- u/s 69A. 2.3 This way, the AO made a total addition of Rs. 4,40,000/- consisting of Rs. 2,40,000/- (+) Rs. 2,00,000/- and determined total income of assessee at Rs. 6,58,010/-. The AO also accepted agricultural income of Rs. 2,29,100/- declared by assessee in return. 2.4 Aggrieved, the assessee carried matter in first-appeal and challenged the additions made by AO but did not get any success. Now, the assessee has approached this Tribunal by way of next appeal. 3. Before us, Ld. AR for assessee made following contentions: (i) In so far as the receipt of Rs. 6,00,000/- shown by assessee from sale consideration of agricultural crop, it is submitted that the assessee is basically agriculturist engaged in agricultural activities and located in a small village called Talwada Bujurg . Ld. AR carried us to Page No. 74-77 of Paper-Book where the bills of agricultural crops sold by assessee to M/s Piyush Traders, Barwani Road, Anjad, as filed to AO are placed. Referring to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s Sai Traders, Anjad for fertilizer, seeds, etc. purchased by assessee for agriculture, copies at Page 78-80 of Paper- Book to establish the agricultural income. (ii) For the receipt of 2,00,000/- shown by assessee from recovery of loans given to friends/relatives, Ld. AR demonstrated that the assessee filed complete details in a tabular format containing names, addresses, loan given, date of loan, amount received and date of receipt in Para 3.1.3 of reply-letter filed to AO on 20.09.2019 in response to notice u/s 142(1), copy of assessee s letter is filed at Page 72-73 of Paper-Book. In the very same para, the assessee also submitted to AO that he was a part of group of friends in which they always give small amounts to each other in case of need and on such transactions, nobody charged interest and that his friends returned loans prior to demonetization but the assessee could not deposit money in his bank a/c due to Diwali festival. While submitting thus, Ld. AR also carried us to some important documents filed in the Paper-Book, namely (i) Page 65-66 of Paper-Book where a notice u/s 142(1) dated 07.11.2019 issued by AO fixing the date of hearing on 11.11.2019 is placed, (ii) P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd those details are in conformity with the details filed by assessee to AO on 20.09.2019. Further, the aadhar cards of parties (death certificate of one) are also on record. Hence, the assessee s claim of recovery of loans is duly proved by evidences also. Therefore, looking to the small quantum, the addition of Rs. 2,00,000/- must be deleted. 4. Ld. DR for revenue vehemently supported the orders passed by lower-authorities and re-iterated the observations noted by lower-authorities. Ld. DR, however, agreed that the case involves smaller amounts and the Bench may take a view as per its own wisdom. 5. We have considered rival contentions of both sides and perused the orders of lower-authorities as well as the material held on record to which our attention has been drawn. The controversy in present case relates to a small addition of Rs. 4,40,000/- made by AO while finalizing assessment. Basically, the AO show-caused assessee to explain source of a total deposit of Rs. 12,30,000/- made in bank accounts during demonetization period and when the assessee made submission, the AO accepted sources partly and rejected partly. The AO s rejection was to the extent of Rs. 4,40,000/- which re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e AO cannot draw any conclusion against assessee and make addition merely because the notice issued by AO u/s 133(6) remains unanswered by the noticee. As a matter of fact, we may also take note that the assessee declared net agricultural income of Rs. 2,29,100/- [Gross agricultural receipts of Rs. 9,19,400 ( ) Expenses for agriculture of Rs. 6,90,300] for the whole financial year 2016-17 in the return and the AO has accepted and assessed net agricultural income of Rs. 2,29,100/-. The receipt of Rs. 6,00,000/- shown as source from agriculture for making deposit during demonetization period was also a part of total agricultural receipts of Rs. 9,19,400/- shown by assessee for the financial year 2016-17. Since the AO has accepted net agricultural income of Rs. 2,29,100/- generated by assessee from gross receipts of Rs. 9,19,400/-, the receipt of Rs. 6,00,000/- forming part of overall receipts of Rs. 9,19,400/- is also accepted by assessee. Therefore also, the AO is not justified in adopting a contradictory stand of rejecting the receipt of Rs. 6,00,000/- while assessing the very same receipts as part of gross-receipts of Rs. 9,19,400/- and for that matter net agricultural income of R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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