I.T.A. No. 5036/DEL/2013, (Assessment Year: 2009-2010). Case: Income Tax Officer Vs Tapash Kumar Chaterjee. Delhi DRAT ITAT Cases
| Case Number | I.T.A. No. 5036/DEL/2013, (Assessment Year: 2009-2010) |
| Counsel | For Appellant: J.P. Chandraker, Sr. DR and For Respondentst: Gini Gandhi, C.A. |
| Judges | H.S. Sidhu, Member (J) and J.S. Reddy, Member (A) |
| Issue | Income Tax Act, 1961 - Sections 143(2), 143(3), 49(1), 54F |
| Judgement Date | May 12, 2015 |
| Court | Delhi DRAT ITAT Cases |
Order:
H.S. Sidhu, Member (J), (ITAT Delhi 'H' Bench)
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This appeal by the Revenue is directed against the Order of the Ld. Commissioner of Income Tax (Appeals)-XXX, New Delhi dated 03.6.2013 pertaining to assessment year 2009-10 on the following grounds:--
On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in
1. Deleting of Rs. 26,85,470/- on account of capital Gain claimed as exempt which was never disclosed to the Department and treating revised computation of assessment proceedings after detecting the same by Department as revised return.
2. Deleting of additions of Rs. 10,25,000/- made on account of unexplained cash deposit.
3. Accepting additional evidence without granting extension of time to AO for submission of report called for which is in contravention of Rule 46A.
The appellant craves the right to alter, amend, add or substitute the grounds of appeal.
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The brief facts of the case are that the Return declaring income of Rs. 5,38,479/- was filed on 21.8.2009. The case was selected for scrutiny through CASS/AIR. Notice u/s. 143(2) fixing the case for 15.9.2010 was issued. Again notice u/s. 143(2) was issued on 4.10.2011/23.11.2011 on 30.11.2011 and on the said date assessee's counsel appeared before the AO and filed the part details. In this case the assessee is an Army Officer and filed return of income declaring only salary income. During the assessment proceedings AO found that the assessee has sold one plot of land and booked a flat claiming full exemption on account of capital gain. Assessee has not disclosed it in his return of income tax. The assessee was asked to file copies of purchase and sale deeds of properties, details of banks and entries from where transactions took place, share of ownership of assessee and his wife, date of payments to builder and matching entries in bank statements, receipts copies from builder and statement of affairs to ascertain the genuineness of the assessee's claim for exemption on account of capital gain. AO has found that only 69120/- has been paid by the assessee and the lease deed was in the name of the assessee and Mrs. Bharmar Chatterjee wife of the assessee as co-owner. The assessee furnished two bank accounts One Punjab National Bank and another ICICI Bank. According to the AO the payments and receipts on account of sale and purchase of property did not matches with the schedules/date/amount of payments, which establishes that the assessee is either...
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