Income Tax Appellate Tribunal – Hyderabad
Shailaja Kalvakuntla, Hyd, … vs Ito, Ward-3(1), Hyd, Hyderabad on 6 January, 2021 IN THE INCOME TAX APPELLATE TRIBUNAL
Hyderabad ‘ B ‘ Bench, Hyderabad
(Through Video Conferencing)

Before Smt. P. Madhavi Devi, Judicial Member
AND
Shri D.S. Sunder Singh, Accountant Member

ITA Nos. 734/Hyd/2014 & 1364/Hyd/2015
Assessment Years: 2009-10 & 2010-11

Shailaja Kalvakuntla, Vs. Income-tax Officer,
Hyderabad. Ward – 1(2), Hyderabad.

PAN – AHGPK 9438D
(Appellant) (Respondent)

Assessee by : Shri K.C. Devdas
Revenue by: Shri Sunku Srinivas

Date of hearing: 19/11/2020
Date of pronouncement: 06/01/2021

ORDER

Per D.S. Sunder Singh, A.M.

Both these appeals are filed by the assessee for the AYs 2009 -10
and 2010-11.

ITA No. 734/Hyd/2014

2. This appeal is directed against the order of CIT(A) – IV, Hyderabad,

dated 14/02/2014 for AY 2009-10.

3. All the grounds in this appeal are related to the addition confirmed

by the ld.CIT(A) for an amount of Rs.85,63,498/ – made by the AO u/s 69 of

the IT Act.
ITA Nos. 734/Hyd/2014 & 1364/Hyd/2015
Shailaja Kalvakuntla, Hyd.

4. Brief facts of the case are that the assessee did not file the return of

income for the AY 2009-10, hence, the AO issued notice u/s 148 of the Act,

to which, there was no response from the assessee. Later, the AO issued

the notice u/s 142(1) of the IT Act calling for the details and, in response to

which, the AR of the assessee appeared before the AO and furn ished the

details and the assessment was completed u/s 144 rws 147 of the Act on a

total income of Rs. 1,04,57,680/-. In the assessment order framed u/s 144

r.w.s.147 of the Act, the AO made the following additions:

(i) Income from house property as admitted
In the computation of total income filed
During the assessment proceedings Rs. 7,57,680
(ii) Unexplained investment made in purchase
of land at Shaikpet assessed to
tax u/s 69 Rs.97,00,000

Out of the above additions, the dispute is with regard to the

unexplained investment made in purchase of land at Shaikpet, which is

assessed u/s 69 of the Act.

4.1 During the assessment proceedings, the AO found that the assessee

has advanced the amount of Rs. 97,00,000/- for purchase of land

admeasuring 1800 sq.yds. in Shaikpet and made the payments as under:

i) Paid through cash on 21/07/2008 Rs. 45,00,000
ii) Paid through cas on 05/08/2008 Rs. 45,00,000
iii) Paid through Ch. No. 430219,
dt. 21/07/08 of ABN AMRO Bank,
Banjara Hills. Rs. 2,00,000

iv) Paid through Ch.No. 430221,
dt. 05/08/2008 of ABN AMRO Bank,
Banjara Hills. Rs. 5,00,000
Total Rs 97,00,000
==========

Page 2 of 17
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Shailaja Kalvakuntla, Hyd.

The assessee has explained the source for purchase of the land by way of

cash flow statement compiled for the FYs 2007-08 and 2008-09.During the

scrutiny assessment proceedings of the A.Y.2008-09 the assessee has

furnished the cash flow statements, up to the A.Y.2008-09. As per which

the opening cash balance was Rs. 64,30,048/- as on 01/04/2007 and the

receipts during the F.Y. 2007-08 were Rs.38,53,914/- and closing cash

balance was Rs.75,70,268/- as at the end of the year 31/03/2008. The

assessee also submitted the balance sheet before the AO as on

31/03/2008.The AO picked up one of the items of Rs.5.00 lacs deposited in

ABN-AMRO Bank on 25/07/2007 from the cash flow statement and made the

addition under section 68 to the returned income in the order made under

section144 r.w.s 147 dated 31/12/2011 for the A.Y.2008 -09.

4.2. The Asst.year under consideration is 2009-10 relevant to the

F.Y.2008-09 the assessee furnished the cash flow statement in page No. 51

of the paper book with the opening balance of Rs.75,70,268/-(Closing

balance of 31/03/2008) and the receipts during the year of Rs.61,98,780/-

and thus the assessee explained the sources for acquiring the land through

cash flow statement in page 51 of the paper book which contain the sources

and application of funds.

4.3. The AO during the assessment proceedings of 2009 -09, examined

the cash flow statement of F.Y.2008-09 and viewed that there was no basis

for the opening cash balance of Rs.64,30,048/- as on 01.04.2007. The

assessee claimed the receipt from HSBC amounting to Rs.39,50,000/ as a

source and the AO did not allow the credit for source, since, the assessee

failed to explain the nexus between the loan taken from HSBC and the

Page 3 of 17
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Shailaja Kalvakuntla, Hyd.

advance made for purchase of land. Similarly, the assessee said to have

been received the sums from Aparna Constructions & Estates Pvt. Ltd. and

from her husband, which was also not allowed by the AO. All the

transactions were related to the A.Y.2008 -09. Thus the AO reduced the

source of opening cash balance available to the assessee.

4.4. In the cash flow statement for the A.Y.2009-10, the assessee has

shown the receipts of Rs. 20 lakhs from Shri G. Balakishan Rao, G.

Narayana Rao and Sri. E. Madan Mohan Rao towards sale of land as under:

Shri G. Balakishan Rao Rs.5.00 lacs

SriG. Narayana Rao Rs.10.00 lacs

Sri. E. Madan Mohan Rao Rs.5.00 lacs

The Assessee furnished the confirmation letters from Shri G.

Balakishan Rao, and G. Narayana Rao in support of the advance. However,

since the assessee failed to establish creditworthiness of the said crditors,

the AO did not believe the source of Rs. 15.00 lakhs advance received from

Shri G. Balakishan Rao and G. Narayana Rao.With regard to Sri. E. Madan

Mohan Rao also since, the assessee failed to file confirmation from Sri E.

Madan Mohan Rao, the AO rejected the claim of the assessee with regard

to sources. Accordingly the AO disbelieved the source of entire investment

of Rs. 97,00,000/- towards purchase of land and made the addition u/s 69

of the Act.

5. Aggrieved by the order of the AO, the assessee preferred an appeal

before the CIT(A) and received part relief from the ld. CIT(A). The ld. CIT(A)

worked out the cash balance as on 01/04/200 7 at Rs. 11,36,502/- as under:

Page 4 of 17
ITA Nos. 734/Hyd/2014 & 1364/Hyd/2015
Shailaja Kalvakuntla, Hyd.
Opening cash balance on 01/04/2001 Rs. Nil
Add: Receipt from Aparna Construction Rs. 4,00,000
Advance from Husband Rs. Nil
Loan from HSBC Rs. 39,50,000
Total Rs. 43,00,000
Less: Outflow during FYs 2002-03 to
2005-06 Rs. 31,63,498
Cash balance as on 01/04/2007 Rs. 11,36,502
===========
With regard to Rs. 20 lakhs received from Shri G. Balakishan Rao,

G. Narayana Rao and Sri. E. Madan Mohan Rao was disbelieved by the

Ld.CIT(A) also and rejected the assessee’s claim. With regard to cash flow

statement of F.Y.2007-08, relevant to A.Y.2008-09, the ld. CIT(A) has

viewed that the AO has no occasion to examine the correctness of the cash

flow statement and hence held that the AO is right in rejecting the

contention of the assessee with regard to correctness of the entries in cash

flow statement and the closing balance. Accordingly, Ld.CIT(A) allowed part

relief to the assessee. Against the order of Ld. CIT(A), the assessee is in

appeal before the Tribunal.

6. During the appeal hearing, ld. AR of the assessee submitted that the

source for the investment of Rs. 97,0 0,000/- was out of opening cash

balance, the borrowings and own sources of income which was explained by

the assessee before the Ld.AO by cash flow statement and a copy of the

same was placed at page No. 51 of the paper book. He further submitted

that the AO doubted the genuineness of the opening cash balance of Rs.

75,70,268/- reported in the cash flow statement merely because huge

balances were maintained which is the presumption of the AO. Ld. AR

further submitted that for AY 2008 -09, the assessment was completed in a

scrutiny manner and the assessee furnished the cash flow statement and

Page 5 of 17
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Shailaja Kalvakuntla, Hyd.

the balance sheet before the AO for AY 2008-09, which is placed at page

no. 91 of the paper book, wherein the assessee had worked out the

opening balance of Rs. 64,30,048/- as on 01.04.2007 and the closing

balance of Rs. 75,70,268/- as on 31.03.2008 which was accepted by the

AO. In the assessment proceedings, for AY 2008 -09, out of the entries in

cash flow statement, the AO picked up one item i.e. advances for land of

Rs. 5 lakhs and added the same to the returned income and thus accepted

the remaining cash flow statement and the balance sheet . The Ld.AR

argued that the balance available in cash flow stat ement as at the end of

the FY 2008-09 has become final and, therefore, the AO cannot revisit the

same in the proceedings for the subsequent years and reject the opening

balances and entries in the cash flow statement of 2008 -09. There must be

an end for litigation and therefore, argued that the payment for advance of

land stands explained, hence, no addition is warranted.

6.1. With regard credits made in respect of Shri G. Balakishan Rao, and

G. Narayana Rao aggregating to Rs.15 lakhs, ld. AR submitted that the y

have filed confirmation letters and the sources were explained by the

respective creditors before the AO. He, therefore, submitted that there is no

reason to suspect the genuineness of the receipts from Shri G. Balakisha n

Rao, and G. Narayana Rao, who have deposed the statement u/s 131 of

the Act. The ld. AR of the assessee explained that the source in the hands

of the assessee stands explained and if, the genuineness of the source of

source is suspected, the same is required to be taxed in the hands of the

respective creditors, but, not in the hands of the assessee. The ld. AR

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further argued that the Ld.CIT(A) considered the cash flow statement and

accepted the loan from HSBC, but, rejected the opening cash as on

01.04.2001 and the remaining entries which is incorrect and contradictory

to her own observation. Since the assessee has filed the cash flow

statement, the CIT(A) ought to have taken entire cash flow statement

instead of considering the statement in piecemeal. He submitted that the

Ld.CIT(A) allowed the credit of Rs.4 lakhs receipt from Aparna construction

and Rs. 39,50,000/- from HSBC as the source and reduced the cash out

flow for the entire period of 2002-03 to 2005-06 ignoring the income tax

returns filed by the assessee which sho ws contradictory approaches of the

Ld.CIT(A). He further submitted that the assessee has filed necessa ry

evidences before the AO as well as the CIT(A). It is submitted that the

assessee’s husband Shri Ram Gopal Rao is a Forest Settlement Officer and

has filed the returns of income regularly and having sufficient sources. It is

contended that the ld. CIT(A) has rejected the sources explained by the

assessee in respect of the receipts received from her husband, which were

reflected in the balance sheet of her husband and it is unfair to reject the

same in the hands of the assessee. It is submitted that since the assessee’s

husband has filed return of income for AY 2008 -09 and is regularly

assessed to tax, if the AO suspects the source of her husband, the same

required to be assessed in the hands of her husband, but, not in the hands

of the assessee. It is, thus, argued that in spite of the fact that assessee is

having sufficient sources of income and explained before the AO and the

Ld.CIT(A), both the lower authorities have rejected the contentions of the

assessee without any evidences. Ld. AR brought the attention of the Bench

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Shailaja Kalvakuntla, Hyd.

to page 140 of paper book relating to remand report submitted by the AO to

CIT(A) wherein he had acknowledged the filing of cash flow statement by

the assessee for FY 2007-08 and no defects were brought by the AO to

reject the assessee’s contention.

6.2. With regard to the addition of Rs 5 .00 lakhs addition made by the

AO for the A.Y.2008-09, the ld. AR submitted that the Hon’ble ITAT has

remitted the matter back to the file of the AO vide its order dated

12/01/2016 and, thus, argued that the source for the payment of Rs.

97,00,000/- was clearly explained in the cash flow statement and balance

sheet, filed at page 51 of the pa per book. therefore, he argued that there is

no case for making the addition u/s 69 of the Act. He, accordingly,

contended that the orders of the lower authorities be set aside and allow the

appeal of the assessee.

6.3. The ld. AR also submitted that since, the additions were made u/s

69 of the Act, the burden is on the AO to dis prove the claim of the

assessee. Apart from the above, the ld. AR also argued that the AO ought

to have made the addition u/s 68 of the Act. The ld. AR of the assessee

relied on the following cases in support of assessee’s case:

1. CIVT Vs. Dinesh Jain, HUF, 352 ITR 629 (Del.)

2. CIT Vs. Kulwinder Singh [2019] 415 ITR 49 (P&H)

7. The ld. DR, on the other hand, vehemently opposed the contentions

of the ld. AR and argued that there is no bas is for cash flow statement

Page 8 of 17
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Shailaja Kalvakuntla, Hyd.

submitted by the assessee. He argued that assessee has shown opening

cash balance of Rs. 75,70,268/-, which was rejected by the ld. CIT(A) in

her reasoned order. He submitted that the CIT(A) has rejected the source of

Rs. 20,00,000/- advance received by the assessee during the year and the

sums received from her husband amounting to Rs. 25 lakhs and, therefore,

he argued that the opening balance claimed in the cash flow statement

deserves to be rejected for want of evidence. Ld. DR further submitted that

the AO did not have any occasion to verify the cash flow statement filed by

the assessee for AY 2008-09, since, the assessment was taken up for

scrutiny for limited purpose. In the limited scrutiny, AO required to examine

the issue for which the case was selected for scrutiny, thus, he argued that

the CIT(A) has rightly rejected the contention of the assessee that the AO

has not examined the correctness of the cash flow statement for the AY

2008-09. Ld. DR further argued that the assessee failed to establish the

source for the investment for payment of land at Shaikpet, hence, the ld.

CIT(A) rightly sustained the addition of Rs. 85,63,498/ – after allowing the

credit of Rs. 11,32,502/-. Accordingly, he argued that no interference is

called for in the order of CIT(A) and requested to uphold the order of CIT(A)

and dismiss the appeal of the assessee.

8. We have heard both the parties and perused the material on record.

In the instant case, during the impugne d AY, the assessee has made

payment of Rs. 97,00,000/- for purchase of land admeasuring 1800 sq.yds. ,

which was brought to tax u/s 69 of the Act. The assessee explained the

payment through cash flow statement, which is placed at page 51 of the

Page 9 of 17
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Shailaja Kalvakuntla, Hyd.

paper book and as per which, the assessee had the opening cash balance

of Rs.75,70,268/-, which the AO disbelieved on the pretext of impossibility

of maintaining such huge cash balances and not substantiating the

correctness of entries made in the cash flow statement of earlier years. In

the immediately preceding AY, the assessment was completed in scrutiny

manner u/s 144 r.w.s. 147 of the Act and the assessment orders are placed

at page nos. 139A and 139B of the paper book II. During the assessment

proceedings for AY 2008-09, the assessee has furnished cash flow

statement, which is also placed at page 149 of the paper book II. As per

the cash flow statement of A.Y.2008-09, the opening balance was

Rs.64,30,048/- and the closing balance was Rs.75,70,268/-. From the

cash flow statement of F.Y.2007-08 , the receipts and payments aggregated

to the sum of Rs.1,02,83,962/ including the opening and the closing

balances of cash. The AO selected the item of advance for land of Rs. 5

lakhs and disbelieved the source of Rs.5 .00 lakhs and added back to the

returned income of the assessee for AY 2008 -09. The remaining entries and

opening and closing cash balances were untouched by the AO in the

assessment proceedings for AY 2008-09. Thus, it is established that entries

made in the cash flow statement for AY 2008 -09 became final, except the

sum of Rs.5 lakhs which was added back to the income . The contention of

the ld. CIT(A) that there was no occasion for the AO to ex amine the

correctness of cash flow statement for AY 2008 -09 is incorrect and

misinterpretation of the provision of the Act. Since, the cash flow statement

was furnished to the AO, if there is any doubt or suspicion regarding the

entries in the cash flow statement, the AO is having mandatory obligation to

Page 10 of 17
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Shailaja Kalvakuntla, Hyd.

verify the correctness of entries converting the case in to full scrutiny after

obtaining the approval from competent authorities. If there was an

understatement of income relating to the A.Y.2008-09, the AO has to

examine and make addition in the A.Y.2008-09 itself but not in the

subsequent assessment years. Having not verified the entries and accepted

the same, the AO is not permitted to agitate and revisit the same issues

under the pretext of non verification. There must be an ending for litigation

and it should not be prolonged after completing the scrutiny assessment

without sufficient reasons. AO in his remand report, furnished at page 140

of the paper book, clearly spelt out that the assessee has filed cash flow

statement for the FY 2007-08 and, thus, the contention of the CIT(A) with

regard to non-verification of the cash flow statement for the AY 2008 -09 by

the AO does not hold waters. Even though, the case was taken up for

limited scrutiny, during the assessment proceedings, if any entries are

suspicious or any other suppression of income, comes to the notice of the

AO, it is mandatory obligation of the AO to take necessary permission from

the authorities i.e. Pr. CIT/CIT as applicable and examine the suspicious

entries to bring the true and correct income to tax and it is the duty of the

AO to assess true and correct income. Therefore, we are unable to accept

the argument of the ld. DR that merely because the case was taken up for

limited scrutiny, the AO is barred from verifying the other entries in the

cash flow statement. Since the assessee has furnished cash flow statement

during the assessment proceedings for the A Y 2008-09, the entries in the

cash flow statement, which were already reflected in AY 2008-09, cannot be

disturbed by revisiting the same statements in later years. For income tax,

Page 11 of 17
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Shailaja Kalvakuntla, Hyd.

each year is independent and what is to be examined in the impugned AY is

the entries made in the relevant AY i.e. receipts and payments during the

year under consideration, but, not the entries that were made in the earlier

year. Thus, the closing balance declared by the assessee as at the end of

the FY2007- 2008 stands explained and the assessee is entitled to claim

the credit for the opening balance in the year under consideration. Hence,

we hold that the assessee is permitted to take opening balance of Rs.

75,70,268/- as source.

8.1. Then the issue comes to sources for receipts during the year . Out of

the receipts during the year, the AO rejected the advance amount of Rs. 20

lakhs received from S/Shri G. Balkishna Rao, G. Narayana Rao and E.

Madan Mohan Rao. The assessee furnished confirmation letters from G.

Balkishna Rao and G. Narayana Rao and the AO did not make any further

enquiries. From the order of CIT(A), it is observed that during the appellate

proceedings, G. Balkishna Rao and G. Narayana Rao have confirmed the

payment to the assessee u/s 131 of the Act. Therefore, there is no reason

to reject the credit. If the AO was not convinced with the explanation offered

by the creditors, the same is required to be brought to tax in the hands of

the creditors, since, they have confirmed the credit and explained the

source, but, not in the hands of the assessee. Thus we hold that there is no

case for rejection of opening balance and the loans from G.Balakrishna Rao

and G.Narayana Rao and accordingly we direct the AO to accept the same.

Page 12 of 17
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Shailaja Kalvakuntla, Hyd.

8.2. With regard to the amount of Rs.5.00 lakhs received from Shri E.

Madan Mohan Rao, as seen from the paper book page No.73 and 74 the

creditor has issued the legal notice for recovery of the loan with the dates

of amounts lent. Since the legal notice is available the AO should have

caused necessary enquiries instead of pressing the assessee to produce

the creditor. Having not caused the enquiries and did not bring any

material to show that the advance received from E.Madan Mohan Rao was

bogus, the AO is not permitted to make the addition in the hands of the

assessee. Thus we direct the AO to accept the credit from E.Madan Mohan

Rao.

8.3. In respect of Rs. 25 lakhs received from her husband, the same was

reflected in the balance sheet of her husband and he is assessed to tax.

Her husband Shri Ram Gopal Rao also filed confirmation having given the

loans to the assessee, therefore, there is no reason to suspect the source.

Even if it is to be suspected, the same is required to be examined in the AY

2005-06, but, not in the impugned assessment year.

8.4 From the cash flow statement, we find that the payment of Rs.97

lakhs on account of advance for land was clearly explained by the assessee

and therefore, we hold that there is no case for making the addition, hence,

we delete the addition made by the AO on this count and set aside the order

of the Ld.CIT(A) and appeal of the assessee is allowed.

ITA No. 1364/Hyd/2015 for AY 2010-11

9. The assessee filed her return of income for the AY 2010 -11 on

11/12/2012 admitting a total income of Rs. 8,78,560/ – besides agricultural

Page 13 of 17
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income of Rs. 75,000/-. Since the assessee did not file a valid return of

income, a notice u/s 148 dated 06/02/2013 was issued Subsequently, the

AO had issued notice u/s 142(1) of the Act, in response to which, the

assessee filed return of income admitting total income of Rs. 8,78,560/ – and

the AO completed the assessment on a total income of Rs. 59,28,560/-.

9.1. During the assessment proceedings, the AO made addition of Rs.

50,50,000/- relating to investments made by the assessee in partnership

firm. i,e Rs. 20 lakhs in Shivam Builders, Rs. 10,50,000/ – in SSAARGORAP

Constructions Pvt. Ltd. and Rs. 20 lakhs in Land at Shaikpet admeasuring

1800 sq.yds., aggregating to Rs. 50,50,000/ -. The assessee explained the

sources of the above investment was out of the opening cash balance of

Rs. 33,13,802/- and rental deposit of Rs. 20 lakhs. The AO did not believe

the source of rental deposit as well as opening cash balance, hence, mad e

the addition u/s 69 of the Act. When the assessee carried the matter in

appeal before the CIT(A), the Ld.CIT(A) confirmed the assessment order.

10. As regards the first issue of opening cash balance of Rs. 33,13,802/ –

available as on 01/04/2010, we have already made a detailed discussion

and allowed the closing balance of Rs. 33,13,802/ – in the appeal for the

A.Y.2009-10. Therefore, the balance of Rs. 33,13,802/ – stands explained.

Hence, we delete the addition of Rs. 33,13,802/- in respect of opening cash

balance.

Page 14 of 17
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11. As regards the issue of rental deposit of Rs. 20 lakhs, which was

stated to have been received by the assessee, the AO made the addition

disbelieving the rental deposit and the ld. CIT(A) confirmed the addition

made by the AO in the absence of any evidence or information.

12. The assessee stated to have received the sum of Rs. 20 lakhs for

letting out the property at MLA Colony. The AO addressed a letter to the

lessee / creditor and there was no response from the lessee. The assessee

failed to submit the details of receipt with dates and mode of payment.

Therefore, the CIT(A) confirmed the addition made by the AO. Hence, the

assessee is in appeal before us.

13. During the appeal hearing, ld. AR submitted that the amoun t in

question was received form a tenant for letting out the property located in

MLA Colony. He further submitted that the receipt of the amount of advance

was supported by the lease deed dated 28/11/2009. The assessee had let

out the house located at MLA Colony, Road No. 12, Banjara Hills to Shri M.

Venkata Srinivasa Prasad and as per the le ase deed, a deposit of Rs.20

lakhs was received. However, the details of deposit w ere not mentioned

with date and mode of payment etc. The ld. AR argued that, in this r egard,

there was a dispute going on in the Civil Court, as per the plaintiff copy in

OS No. 308 of 2007, annexed as page Nos. 5 to 7 of paper book, assessee

had acknowledged the adjustment of advance of Rs. 20 lakhs towards

monthly rents paid till the end of the December, 2013. In the counter filed

by the respondent Shri M. Venkata Srinivas Prasad, he ha s not disputed the

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Shailaja Kalvakuntla, Hyd.

adjustment of rent. Thus the Ld. AR of the Assessee submitted that the

assessee had received the sum of Rs. 20 lakhs as advance, which was

adjusted subsequently through monthly rentals. He, therefore, argued that

there is no reason to suspect the genuineness of receipt of advance and,

hence, requested to set aside the order of CIT(A) allow the appeal of the

assessee.

14. The ld. DR, on the other hand, relied on the orders of lower

authorities.

15. We have heard both the parties and perused the material on record.

In the instant case, the assessee has claimed rent advance of Rs. 20 lakhs

received from Shri M. Venkata Shiva Prasad for letting out the house at

MLA Colony, Banjara Hills. Lease agreement was placed on record.

However, the details of date of receipt and mode of payment were not

furnished by the assessee. Similarly, the lessee has not responded to the

notice issued u/s 133(6) of the Act. However, there was a civil case filed by

the assessee in the Civil Court wherein the sum of Rs. 20 lakhs stated to

have been adjusted towards monthly rent als. Therefore, the issue needs to

be considered after verification of the details and genuineness of the

transaction. Both the parties have agreed to remit the issue back to the file

of the AO to examine the receipt of Rs. 20 lakhs as advance from the

tenant. The assessee is directed to cooperate with th e AO and submit

necessary information to substantiate her claim with regard to the receipt of

rent deposit of Rs. 20 lakhs. Since the legal dispute is pending the AO also

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need to make sincere efforts to verify the correct fact by causing the

enquiries instead of simply asking the assessee to produce the creditor.

Thus, the issue is remitted back to the file of AO to decide af resh on merits

and in accordance with law. Thus, this issue is treated as allowed for

statistical purposes.

16. In the result, appeal in ITA no. 734/hyd/2014 for AY 2009 -10 is

allowed and the appeal in ITA no. 1364/Hyd/2015 for AY 2010 -11 is partly

allowed for statistical purposes.

Order pronounced in the Open Court on 6 th January, 2021.

Sd/- Sd/-
(P. MADHAVI DEVI) (D.S.SUNDER SINGH)
JUDICIAL MEMBER ACCOUNTANT MEMBER

Hyderabad, dated 6 th January, 2021.

kv

Copy to:
1 Shailaja Kalvakuntla, C/o B. Narasing Rao & Co., CAs., Plot No. 554,
Road No. 92, Jubilee Hills, Hyderabad – 500 096
2 ITO, Ward – 3(1), Hyderabad.
3 CIT (A) – IV, Hyderabad
4 CIT – III, Hyderabad
5 The DR, ITAT Hyderabad
6 Guard File

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