ASHA AGARWAL, Jaipur V. ITO, BEHROR

ITA 1126/JPR/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 5555 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 20-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: POONAM RAI DCIT DR DHK
• Keywords: Unexplained cash credit
• Section: 68

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH HKKXPUN] YS[KK LNL; DS LE{K BEFORE: SHRI BHAGCHAND, ACCOUNTANT MEMBER VK;DJ VIHY LA-@ ITA NO. 1126/JP/2016 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2009-10 SMT. ASHA AGARWAL DHOBIYON KA MOHLLA BEHROR, ALWAR CUKE VS. THE ITO WARD- BEHROR ,BEHROR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: ABEPA 2666 H VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY: NONE JKTLO DH VKSJ LS@ REVENUE BY: SMT. POONAM RAI, DCIT- DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 23/02/2017 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 23 /02/2017 VKNS'K@ ORDER PER BHAGCHAND, AM THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDE R OF THE LD. CIT(A), ALWAR DATED 07-10-2016 FOR THE ASSESSME NT YEAR 2009-10 RAISING FOLLOWING GROUNDS OF APPEAL. 1. THAT THE AO HAS ERRED IN LAW AS WELL AS ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN MAKING A TRADING ADDIT ION OF RS. 1.00 LAC AND THE LD. CIT(A) HAS ERRED IN SUSTAINING THE SAME . 2.0 THAT THE AO HAS ERRED IN LAW AS WELL AS ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN MAKING A DISALLOWANCE OF RS. 3,465/- OUT OF DEEPAWALI EXPENSES AND RS. 7,689/- OUT OF TELEPH ONE EXPENSES AND THE LD. CIT(A) HAS ERRED IN SUSTAINING THE SAME. 3.0 THAT THE AO HAS ERRED IN LAW AS WELL AS ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN DISALLOWING THE CREDIT S OF RS. 2,09,000/- ITA NO.1126/JP/2016 SMT. ASHA AGARWAL VS. ITO, BEHROR 2 WITHIN THE MEANING OF SECTION 68 OF I.T. ACT BY TRE ATING THE SAME AS UNEXPLAINED CASH CREDITS WHEREAS THE FACTS REMAINS THAT THE SAME ARE NOT IN THE NATURE OF CASH CREDITS BUT ARE THE SECUR ITY DEPOSIT AGAINST THE SALE OF GOODS AND REFUNDED SUBSEQUENTLY AND THE LD. CIT(A) HAS ERRED IN SUSTAINING THE SAME. 2.1 AFTER HEARING THE LD. DR AND PERUSING THE MATER IALS AVAILABLE ON RECORD, IT IS NOTED THAT THE APPEAL OF THE ASSESSEE IS TIME BARRED BY ONE DAY FOR WHICH THE ASSESSEE HAS NOT FILED ANY CONONDATIO N APPLICATION IN LATE FILING THE APPEAL. HENCE, IN SUCH A SITUATION, THE APPEAL FILED BY THE ASSESSEE IS NOT MAINTAINABLE. THUS THE APPEAL OF TH E ASSESSEE IS DISMISSED. 3.0 IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 /02/2 017. SD/- HKKXPUN ( BHAGCHAND) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 23 /02/ 2017 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SMT. ASHA AGARWAL, BEHROR, ALWAR 2. IZR;FKHZ@ THE RESPONDENT- THE ITO,BEHROR 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 1126/JP/2016) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ @ ASSISTANT. REGISTRAR