Smt. Sarla Sethia , Alipurduar V. ITO, Ward - 1(4), Jalpaiguri , Jalpaiguri

ITA 1083/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6698 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 21-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SITAL DAS
• Section: 44AD

Judgement Text

1 ITA NO.1083/KOL/2018 SMT. SARLA SETHIA, AY:2014-15 , B (SMC) , IN THE INCOME TAX APPELLATE TRIBUNAL B(SMC) BENCH : KOLKATA ( ) . . , ) [BEFORE SHRI A. T. VARKEY, JM] I.T.A. NO. 1083/KOL/2018 ASSESSMENT YEAR: 2014-15 SMT. SARLA SETHIA (PAN: AKLPS0227N) VS. INCOME-TAX OFFICER, WARD-1(4), JALPAIGURI APPELLANT RESPONDENT DATE OF HEARING 17.01.2019 DATE OF PRONOUNCEMENT 23.01.2019 FOR THE APPELLANT SHRI ANIL KOCHAR, ADVOCATE FOR THE RESPONDENT SHRI SITAL DAS, ADDL. CIT ORDER PER SHRI A.T.VARKEY, JM THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A), JALPAIGURI DATED 07.03.2018 FOR AY 2014-15. 2. THE SOLE GROUND OF THIS APPEAL OF ASSESSEE IS AGAINST THE ACTION OF LD. CIT(A) IN CONFIRMING THE ADDITION OF RS.88,747/- IN TREATING THE DEPOSITS IN AXIS BANK ACCOUNT AS UNDISCLOSED TURNOVER AND ADDING 8% OF THE DEPOSITS OF RS.11,09,347/- I.E. RS.88,747/-. 3. BRIEFLY STATED FACTS ARE THAT THE ASSESSEE FILED HER RETURN OF INCOME SHOWING GROSS TURNOVER FROM BUSINESS AS RS.35,88,238/- AND TOTAL INCOME OF RS.2,46,317/- U/S. 44AD OF THE INCOME-TAX ACT, 961 (HEREINAFTER REFERRED TO AS THE ACT). THE AO MADE AN ADDITION OF RS.88,747/- DETERMINING 8% OF THE UNDISCLOSED TURNO VER OF RS.11,09,347/- AND THUS MADE A DEMAND OF RS.16,606/-. HOWEVER, ACCORDING TO ASSES SEE, THE ASSESSEE FILED HER RETURN BY SHOWING TOTAL TURNOVER OF RS.35,88,238/- WHICH INCL UDES THE TURNOVER OF RS.11,09,347/-. 2 ITA NO.1083/KOL/2018 SMT. SARLA SETHIA, AY:2014-15 BUT ACCORDING TO AO, THIS DEPOSIT OF RS.11,09,347/- IN THE AXIS BANK ACCOUNT HAS NOT BEEN ACCOUNTED FOR BY THE ASSESSEE IN THE RETURN OF INCO ME FILED BY THE ASSESSEE. MOREOVER, THE AO ALSO STATED THAT THE BALANCE SHEET OF THE ASSESS EE WHEREIN THE SAID ACCOUNT WITH AXIS BANK IS NOT REFLECTED. HENCE, HE ADDED THE SAID SU M TO THE INCOME OF THE ASSESSEE. AGGRIEVED, ASSESSEE PREFERRED APPEAL BEFORE THE LD. CIT(A), WHO CONFIRMED THE ACTION OF AO. AGGRIEVED, ASSESSEE IS BEFORE US. 4. WE HAVE HEARD RIVAL SUBMISSIONS AND GONE THROUGH THE FACTS AND CIRCUMSTANCES OF THE CASE. BEFORE US, THE LD. AR OF THE ASSESSEE SU BMITTED THAT THE GROSS BUSINESS TURNOVER OF RS.35,88,238/- SHOWN BY THE ASSESSEE IN HER RETU RN OF INCOME INCLUDES RS.11,09,347/- DEPOSITED BY HER IN THE AXIS BANK ACCOUNT. HE ALSO SUBMITTED THAT THE DEPOSITS OF RS.11,09,347/- HAS BEEN DISCLOSED BY THE ASSESSEE A ND DULY ACCOUNTED FOR IN THE RETURN. HENCE, THE ADDITION SHOULD BE DELETED. ON THE OTHE R HAND, THE LD. DR HEAVILY RELIED ON THE ORDERS OF THE LOWER AUTHORITIES. WE NOTE THAT THE LD. CIT(A) WHILE CONFIRMING THE ACTION OF THE AO HAS HELD AS UNDER: HOWEVER, LD. A/R HAS NOT BEEN ABLE TO CONVINCE WI TH ANY EVIDENCE, THE ARGUMENT MADE BY HIM THAT THE DEPOSITS IN THE SAID AXIS BANK WERE IN CLUDED IN THE BUSINESS TURNOVER. HE HAS MERELY REITERATED WHATEVER WAS STATED BEFORE THE AO . IN VIEW OF THE SAME, THE CONTENTION MADE BY THE LD. AR CANNOT BE ACCEPTED AND THE GROUN D OF APPEAL IS DISMISSED. 5. SINCE LD. AR OF THE ASSESSEE IS UNABLE TO PRODUC E ANY EVIDENCE IN SUPPORT OF HIS CLAIM BEFORE THE LD. CIT(A) AND ALSO BEFORE US, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE LD. CIT(A) AND THE SAME IS HEREBY UPHELD. THER EFORE, THIS APPEAL OF ASSESSEE IS DISMISSED. 6. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISS ED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 23RD JANUA RY, 2019. SD/- (ABY. T. VARKEY) JUDICIAL MEMBER DATED : 23RD JANUARY, 2019 JD. (SR.P.S.) 3 ITA NO.1083/KOL/2018 SMT. SARLA SETHIA, AY:2014-15 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT SMT. SARLA SETHIA, C/O, HANUMAN SETH IA, HATKOLA, FALAKATA, DIST. ALIPURDUAR-735211. 2 RESPONDENT ITO, WARD-1(4), JALPAIGURI. 3. 4. CIT(A), JALPAIGURI (SENT THROUGH E-MAIL) CIT, KOLKATA. 5. DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR