Ita/188/2010 Of Smt. Radhadevi Chandak v. Income-Tax Appellant Tribunal (The Tribunal)

1 ITA No.188/2010 12/12/2013. Shri A. P. Shrivastava, learned counsel for the appellant. Shri Sanjay Lal, learned counsel for the respondents on advance notice. Challenge in this appeal under Section 260A of the Income Tax Act, 1961 is made to the orders passed as contained in Annexure A/1 dated 28.5.2010 by the Income Tax Appellate Tribunal, Indore. The only question involved in this appeal is as to whether in the facts and circumstances of the case, the respondent Tribunal was justified in maintaining an addition of Rs.51,000/- being 50% of the deposit made in the bank account of the appellant prior to the block period in question.However,undersimilar circumstances in the case of co-account holder the amount was deleted on the ground that the amount was received in a period prior to the block period. It is pointed out by Shri A. P. Shrivastava learned counsel for the petitioner that the addition of Rs.51,000/- made by the Tribunal is unjustifiable for the simple reason that the amount was received in the bank account prior to the block period and therefore, it could not be added. It is further stated that in the case of co-account holder the amount was not added on such consideration but when the case of the appellant was considered, the benefit has not been extended. It is said that these facts were brought to the notice of the Tribunal at the time of hearing, the Tribunal has indicated that the matter shall be considered at the time of final hearing but nothing was done and therefore, this appeal has been filed. Keeping in view the aforesaid facts that has come on record prima facie there seems to be some error committed by the Tribunal in adding the amount in question as far as the petitioner is concerned when some different treatment was given to the joint account holder. The question as to whether the amount could be added and what benefit should to be granted to the petitioner in comparison to joint holder to whom the benefit of deletion of amount is granted is to be reconsidered by the Tribunal. Keeping in view the aforesaid, matter is remanded back to the Tribunal with a direction to reconsider the question of mrs.mishra ITA No.188/2010 addition of Rs.51,000/- in question on the grounds as are indicated herein above. With the aforesaid, this appeal stands disposed of and the order impugned so far as it relates to addition of amount is concerned is quashed to be reconsidered and a decision taken afresh. With the aforesaid, this petition stands disposed of. (Rajendra Menon) (Anil Sharma) Judge Judge