AI Drafter 
TaxTMI 
TaxTMI 
2018 (1) TMI 756
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....sits. 2. The relevant facts of the case are that the assessee in the course of the assessment proceedings was required to explain the deposit of Rs. 33,09,240/- in its bank account with Union Bank of India, Fatehgarh Sahib. In the course of the assessment proceedings, it was noticed that the amounts have been deposited in HDFC Bank, Bassi Road, Sirhind, Fatehgarh Sahib which were explained to be on account of sale of HUF ancestral agricultural land at village Badhoshi Kalan to Shri Kamaljit Singh S/o Shri Sukhdev Singh of Mauli Vedwan sold by assessee's brother Shri Darshan Singh wherein the assessee also had half a share. The claim was supported by way of affidavit. However, since the assessee despite a direction failed to pro....
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.... which is illegal. 1.2 Appellant was employed as secretary in the Malakpur Co-op. Agri Service Society Ltd., Malakpur. In the assessment year his Salary was Rs. 22257/-Proximately Total salary Rs. 267087/- as per salary certificate. Out of his salary he paid his house loan of Rs. 14565/- per Month. The appellant have not any other sources of any other Income. Appellant is not able to deposit higher amount like such in bank account All the bank account are produced before the Assessing Officer. Not any entry above the Rs. 20000 In any bank account in any financial year. 1.3 Income tax officer erred In making addition of Rs. 3540000. Without appreciation the evidence on file and also without verification of actual facts from the purchas....
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....amount given in presence of the witnesses. And the signature of the buyer match with the sale deed which is execute on 20/10/2009. 1.5 It is well settled law that when the initial onus placed by explanation has been discharged by the assessee, the onus shift on the revenue to show that the amount in question constituted undisclosed income. (Mak Data P. Ltd. V/s CIT) All the facts of the case show that sale agreement and sale deed clearly indicates that all the funds deposits in the banks are out of sale proceeds of the ancestral agriculture land of the appellant. All the document are signed by the buyer kamaljit Singh. The addition made by the assessing office is wrong in law of natural justice." 4.1 These were remanded by the CIT(....
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....decided on merits" 5.5 I have considered the written submissions put forth by the appellant and also the facts of the case. During the appellate proceedings, the appellant filed a Copy of agreement to sell dated 17.06.2009 and a copy of regd. sale deed of agricultural" f land dated 20.10.2009. The AO in his report dated 21.12.2016 has neither opposed nor j controverted the documents rather verified the genuineness of the same in favour of the appellant. Thus, the explanation of the appellant that the impugned bank deposits represented the sale proceeds of the agricultural land has been now verified and found true by the AO. The addition made during the assessment proceedings considering the / bank deposits as unaccounted income is ....
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....t large is concerned, the Assessing Officer is an authority and is not a specific person. Thus, merely on account of change of the AO, presumably the incumbent cannot be allowed to file appeals willy nilly. Such rampant careless behaviour shakes the public trust and faith reposed in the authority of the AO to act fairly and impartially. It would not be out of context to quote from the decision of the Apex Court in the case of CIT Vs Mahalaxmi Sugar Mills Co. Ltd. (1986) 160 ITR 920 (S.C) "There is a duty cast on the ITO to apply the relevant provision of the Act for the purpose of determining the true figure of the assessee's taxable income and the consequential tax liability". It would not be out of place to extend this that so as to also ....
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....It is seen that the present appeal has been filed with the approval of Pr. CIT-2 Ludhiana. It not only demonstrates that the approval has been given mechanically, it also erodes the trust reposed by the tax payer in the fairness of the administration. Filing of such frivolous appeals reflects poorly on the departmental mindset and gives unwanted strength to the ever increasing cynical belief that the administrative set up works mindlessly challenging any and every relief granted by an authority in accordance with law. Still more needs to be done to reign in the desire to show higher efficiency by concerned officials by filing a higher number of appeals. The mindless adherence to targets can cause irreparable havoc in the faith of the citize....