Income Tax Appellate Tribunal - Mumbai
Dagina Collection P. Ltd, Mumbai vs Dcit 5(1), Mumbai on 11 October, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
"D" Bench, Mumbai
Before Shri P K Bansal, Vice President
and Shri R.L. Negi, Judicial Member
ITA No.5865 /Mum/2015
(Assessment Year: 2004-05)
M/s. Dagina Collection P. Ltd. D C I T - 5(1)
611/612, Parekh Market Vs. Aayakar Bhavan, M.K. Road
Mumbai 400004 Mumbai 400020
PAN - AAACL0915G
Appellant Respondent
Appellant by: Shri Nikesh Jain
Respondent by: Shri Purushottam Kumar
Date of Hearing: 11.10.2017
Date of Pronouncement: 11.10.2017
ORDER
Per P.K. Bansal, Vice President This appeal has been filed by the assessee against the order of the CIT(A)-10, Mumbai dated 10.09.2015 for A.Y. 2004-05 by taking the following grounds of appeal: -
"1. The Commissioner of Income Tax (Appeal) - 10, Mumbai erred in confirming the addition of Rs.5,04,480/- being cash deposited in ABN Amro Bank as unexplained cash credit u/s 68 of the I.T. Act.
The Appellant submits that it has deposited the cash in ABN Amro Bank out of the earlier withdrawal from the Banks by the Appellant. Therefore, the Appellant prayed that the addition confirmed by the CIT(A) shall be deleted."
2. The only issue involved in the appeal filed by the assessee is that the AO, while making addition in respect of cash deposited in ABN Amor Bank as unexplained cash credit did not consider the earlier withdrawal made by the assessee from the bans as the source of the said amount.
3. We heard the rival submissions and gone through the orders of the tax authorities below. We noted that the AO consequence of the assessment completed under section 143(3) r.w.s. 254 added a sum of 2 ITA No. 5865/Mum/2015 M/s. Dagina Collection P. Ltd.
`5,04,480/- under section 68 of the Income Tax Act in respect of the cash deposited in the bank amounting to `3,00,000/- on 29.01.2004 and `2,00,000/- on 13.02.2004. We noted from the copy of the bank account as appearing under para 4.2.1 of the order of the CIT(A) that the assessee has made withdrawals from the same bank account prior to the aforesaid deposits. The details of cash withdrawals and deposits are given as under:-
Cash Withdrawal Cash deposited Date Amount Bank Date Amount Bank 31.10.2003 4,480 ABN Amro
- - -
Bank
15.11.2003 2,00,000 ABN Amro
- - -
Bank
25.11.2003 2,50,000 ABN Amro
- - -
Bank
29.01.2004 3,00,000 ABN Amro
- - -
Bank
15.12.2003 1,50,000 ABN Amro
- - -
Bank
13.12.2003 62,000 Global
Trust Bank - - -
Ltd.
13.02.2004 2,00,000 ABN Amro
- - -
Bank
Total 6,62,000 - Total 5,04,480 -
On the basis of the said details it is apparent that the assessee made withdrawals of `4,50,000/- prior to the deposit of `3,00,000/- and similarly the assessee made withdrawal of `2,12,000/- prior to the deposit of `2,00,000/-. In view of this fact in our view the addition made by the AO cannot be sustained as in our opinion the deposits in the bank are covered within the withdrawal made by the assessee prior to that from the said bank account. We, therefore, delete the said addition.
4. In the result, the appeal filed by the assessee stands allowed.
Order pronounced in the open court on 11th October, 2017.
Sd/- Sd/-
(R.L. Negi) (P.K. Bansal)
Judicial Member Vice President
Mumbai, Dated: 11th October, 2017 3 ITA No. 5865/Mum/2015 M/s. Dagina Collection P. Ltd.
Copy to:
1. The Appellant
2. The Respondent
3. The CIT(A) -10, Mumbai
4. The Pr. CIT - 5, Mumbai
5. The DR, "D" Bench, ITAT, Mumbai By Order //True Copy// Assistant Registrar ITAT, Mumbai Benches, Mumbai n.p.