Sabir Amin Rahman, KD-17, Kavi Nagar, Ghaziabad. Vs. DCIT Circle-6(1), New Delhi.
March, 11th 2015
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH "G" NEW DELHI
BEFORE SHRI G.D. AGRAWAL : VICE PRESIDENT
SHRI GEORGE GEORGE K.: JUDICIAL MEMBER
ITA no. 3548/Del/2011
Asstt. Yr: 2006-07
Sabir Amin Rahman, Vs. DCIT Circle-6(1),
KD-17, Kavi Nagar, New Delhi.
PAN: AEAPR 5367 R
( Appellant ) (Respondent)
Appellant by : Shri Rajan Chopra FCA
Respondent by : Shri B.R.R. Kumar Sr. DR
Date of hearing : 04/03/2015.
Date of order : 10/03/2015.
PER G.D. AGRAWAL, V.P.:
This appeal, by the assessee, is directed against CIT(A)'s order dated
28-02-2013, relating to A.Y. 2006-07.
2. In this appeal by the assessee various grounds are raised. However,
they are all against the addition of Rs. 2,02,000/- made by the AO on
account of unexplained deposit in the bank account of the assessee.
3. At the time of hearing before us, it is submitted by the ld. counsel for
the assessee that the assessee had misc. commission and other income of Rs.
1,90,585/-. This income was received in cash and, therefore, available for
deposit in bank account. He also referred to the cash flow statement
prepared by the assessee and pointed out that as per the cash flow, sufficient
fund was available on each date for deposit in the bank account. However,
he was not able to prove whether cash flow statement was filed before the
AO or not. He also pointed out that there was a cash withdrawal of Rs. 2 lacs
on 8-11-2005 from ICICI bank. Thus, availability of cash with the assessee
was amounting to Rs. 4 lacs and deposit in the bank account was only Rs. 2
lacs. Therefore, the addition made by the AO should be deleted.
4. Ld. DR, on the other hand, stated that these facts and the explanation
were never given before the AO and, therefore, the same would require
verification at the end of the AO.
5. The ld. counsel for the assessee has no objection for sending the mater
back to the file of AO. In view of the submissions of both the parties, we set
aside the orders of authorities below and restore the mater back to the file of
AO. We direct the AO to consider the assessee's explanation and thereafter
re-adjudicate the issue with regard to the addition of Rs. 2,02,000/-, in
accordance with law
6. In the result, assessee's appeal is deemed to be allowed for statistical
Order pronounced in open court on 10/03/2015.
( GEORGE GEORGE K. ) ( G.D. AGRAWAL)
JUDICIAL MEMBER VICE PRESIDENT
Copy of order to:
5. DR, ITAT, New Delhi.