Shri Sanjaybhai M.Mehta, Ahmedabad V. The Income tax Officer,Ward-6(3), Ahmedabad

CO 285/AHD/2011

• Counselvise Citation: [2014] 122 COUNSELVISE.COM (IT) 9333 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 2 month(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 28-02-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 19-02-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 28-12-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K C MATHEWS SRDR
• Assessee Lawyers: M K PATEL
• Section: 154

Judgement Text

, , , , , , , , IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D BENCH, AHMEDABAD .., ! '# '# '# '# $ %&, ! BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER CO NO.285/AHD/2011 A.Y. 2008-09 ( IN #./ IN I.T.A. NO.2639/AHD/2011 ) ( ( ')( ( ')( ( ')( ( ')( / / / / ASSESSMENT YEAR : 2008-09 ) SANJAYBHAI M.MEHTA 2071, BRAHMAN POLE SANAND AHMEDABAD / VS. THE INCOME TAX OFFICER WARD-6(3) AHMEDABAD !* #./+, #./ PAN/GIR NO. : ALYPM 0485 G (CROSS OBJECTOR) .. (RESPONDENT) ASSESSEE BY : SHRI M.K.PATEL, AR REVENUE BY : SHRI K.C. MATHEWS, SR.DR $'- . & / / / / DATE OF HEARING : 20/02/2014 /0) . & / DATE OF PRONOUNCEMENT : 28.02.2014 1 / O R D E R PER SHRI N.S. SAINI, ACCOUNTANT MEMBER: THIS CROSS OBJECTION FILED BY THE ASSESSEE ARISI NG OUT OF ITA NO.2639/AHD/2011 FOR AY 2008-09 IS DIRECTED AGAINST THE ORDER OF THE LD.CIT(A)-XI, AHMEDABAD DATED 09/08/2011 FOR AY 200 8-09. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS IN HIS CR OSS-OBJECTION:- 1. THE ID CIT(A) ERRED IN REJECTING THE CONTENTION OF THE APPLICANT THAT AN AMOUNT OF RS.4,00,000/- RECEIVED FROM NAJIRKHAN ( OUT OF TOTAL AMOUNT DEPOSITED IN BANK OF RS.9,96,700/- IN THE MO NTH OF JUNE 2007) WAS RECEIVED THROUGH CHEQUE AND THEREFORE CANNOT BE ADDED /CONFIRMED AS ID AO MADE/INTENDED ADDITION ONLY IN RESPECT OF CASH DEPOSITED IN BANK ONLY. THE ID CIT(A) ERRED IN TREATING THE SAID AMOUNT AT PAR WITH CO NO.285/AHD/2011 (IN ITA NO.2639/ AHD/2011) SANJAYBHAI M.MEHTA VS. ITO ASST.YEAR 2008-09 - 2 - OTHER AMOUNT AND CONFIRMED THE ADDITION. YOUR APPEL LANT SUBMITS THAT THE ADDITION OF RS.4,00,000/- IS REQUIRES TO BE DEL ETED. IT IS SUBMITTED THAT IT BE SO HELD NOW. 2. THE ID CIT(A) HAS ERRED IN CONFIRMING ENTIRE ADD ITION OF RS.9,70,000/- (WHICH INCLUDES ABOVE RS.4,00,000) WH ILE REJECTING THE PLEA OF THE APPELLANT THAT THE AMOUNT OF CASH DEPOS ITED IN THE BANK WAS CASH SALES AND NOT IN THE NATURE OF UNSECURED LOANS . THE ALLEGED UNSECURED LOANS RECEIVED WERE THROUGH CHEQUES AND N OT INCLUDED IN THE AMOUNT OF RS.20,96,525/- BEING ADDITION MADE BY AO. YOUR APPELLANT SUBMITS THAT THE SAID FACTS WERE COMMUNICATED TO TH E ID CIT(A) DURING COURSE OF APPELLATE PROCEEDINGS VIDE LETTER DATED 1 6-08-2011 FILED ON 18-08-2011 WITH DOCUMENTARY PROOF SUCH AS BANK STAT EMENT CLARIFYING NARRATION OF EACH CREDIT ENTRIES. SINCE THE MISTAKE WAS BEING APPARENT ON RECORD, AN APPLICATION U/S 154 WAS MADE TO THE C IT(A) BUT HE FAILED TO RECTIFY THE SAID MISTAKE. THE CROSS OBJECTOR WIS H TO SUBMIT THAT THE ENTIRE AMOUNT OF RS.20,96,525/- OUGHT TO HAVE BEEN ACCEPTED BY THE AUTHORITIES AS IN THE NATURE OF CASH SALES AND THER EFORE QUESTION OF PROVING GENUINENESS OF LOANS DOES NOT ARISE AS THE SAID LOANS WERE NOT EVEN PART OF ADDITION OF RS.20,96,525/-. IT IS SUBM ITTED THAT IT BE SO HELD NOW. THE CROSS OBJECTOR CRAVES LEAVE TO ADD, AMEND, ALT ER, MODIFY O DELETE ANY OF THE ABOVE GROUNDS AS WELL AS TO SUBMI T ADDITIONAL GROUNDS AT THE TIME OF HEARING OF THE APPEAL. 2. AT THE TIME OF HEARING, THE LD.AR OF THE ASSESS EE SUBMITTED THAT HE IS NOT PRESSING THE CROSS OBJECTION FILED BY THE ASSESSEE. THEREFORE, CROSS-OBJECTION FILED BY THE ASSESSEE IS DISMISSED AS NOT PRESSED. ORDER PRONOUNCED IN COURT ON THE DATE MENTIONED HER EINABOVE AT CAPTION PAGE SD/- SD/- ($ %&) ( .. ) ! ! ( KUL BHARAT ) ( N.S. SAINI ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 28/ 02 /2014 4.., '.../ T.C. NAIR, SR. PS CO NO.285/AHD/2011 (IN ITA NO.2639/ AHD/2011) SANJAYBHAI M.MEHTA VS. ITO ASST.YEAR 2008-09 - 3 - 1 . 5&6 76)& 1 . 5&6 76)& 1 . 5&6 76)& 1 . 5&6 76)&/ COPY OF THE ORDER FORWARDED TO : 1. *8 / THE APPELLANT 2. 59*8 / THE RESPONDENT. 3. ## & $: / CONCERNED CIT 4. $:() / THE CIT(A)-XI, AHMEDABAD 5. 6'%; 5& , , / DR, ITAT, AHMEDABAD 6. ;( <- / GUARD FILE. 1$ 1$ 1$ 1$ / BY ORDER, 96& 5& //TRUE COPY// = == =/ // / #+ #+ #+ #+ ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 28.2.14 (DICTATION-PAD - 1- PAGE ATTACHED AT THE END OF THIS FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 28.2.14 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH FAIR ORDER PLACED BEFORE OTHER MEMBER 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.3.3.14 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 3.3.14 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER