Ketan J.Doshi, Valsad V. ITO-Ward-2,Valsad, Valsad

ITA 114/SRT/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8151 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 28-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Section: 69; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM ./ITA NO.114/SRT/2019 ( [ [ / ASSESSMENT YEAR: 2015-16 (VIRTUAL COURT HEARING) KETAN J.DOSHI, D-301, SONA COMPLEX, RATAN NAGAR, ABRAMA, VALSAD. V S. THE INCOME TAX OFFICER, WARD-2, VALSAD. ./ ./ PAN/GIR NO.: ABXPD 0353 P (ASSESSEE) (RESPONDENT) ASSESSEE BY : SHRI S.D.CHHEDA - CA RESPONDENT BY : MS. ANUPAMA SINGLA SR.DR / DATE OF HEARING : 06/08/2021 /DATE OF PRONOUNCEMENT : 24/08/2021 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: CAPTIONED APPEAL FILED BY THE ASSESSEE PERTAINING TO ASSESSMENT YEAR 2014- 15, IS DIRECTED AGAINST THE ORDER PASSED BY THE LD.COMMISSIONER OF INCOME TAX(APPEALS)-1, SURAT DATED 18.12.2018, WHICH IN TURN ARISES OUT OF AN ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER, UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961, DATED 09.12.2016. 2. GROUNDS OF APPEAL RAISED BY THE ASSESSEE ARE AS FOLLOWS: 1. THE LEARNED CIT(A) HAS ERRED IN LAW AND IN FACTS TO CONFIRM THE ADDITION OF RS.3,25,000/- ON THE GROUND OF HUMAN BEHAVIOR AND COMPLETELY IGNORED PRIMARY EVIDENCES PRODUCED AND WITHOUT ANY ADVERSE FINDINGS. 2. THE LEARNED CIT(A) HAS ERRED IN LAW AND IN FACTS TO HELD THAT EXPLANATION FOR CASH IS AFTER THOUGHT WHEN IT IS DULY SUPPORTED BY CASH BOOK. 3. THE LEARNED CIT(A) HAS ERRED IN LAW AND IN FACTS TO CONFIRM ADDITION ONLY STATING THAT IT IS BEYOND LOGICAL HUMAN BEHAVIOR AND WITHOUT BRINGING ANY EVIDENCES THAT CASH WAS UTILIZED SOMEWHERE ELSE. 4. THE ASSESSEE CRAVES LEAVE TO ADD, AMEND, ALTER OR DELETE ANY OR ALL THE ABOVE GROUNDS OF APPEAL. PAGE | 2 ITA NO.114/SRT/2019 FOR A.Y. 2015- 16 KETAN J. DOSHI 3. THE FACTS NECESSARY FOR DISPOSAL OF THE APPEAL ARE STATED IN BRIEF. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSEE WAS ASKED TO PRODUCE THE DETAILS FOR VERIFICATION OF CASH DEPOSITS IN HIS BANK ACCOUNT. IN RESPONSE, THE ASSESSEE PRODUCED CASH BOOK MAINTAINED BY HIM, DURING THE YEAR UNDER CONSIDERATION. ON PERUSAL OF THE CASH BOOK, IT WAS OBSERVED BY THE ASSESSING OFFICER THAT ASSESSEE HAS BROUGHT CASH OF RS.3,25,000/- IN HIS CASH BOOK ON 02.07.2014 AND THE ASSESSEE HAS NOT EXPLAINED THE REASONS OF SUCH CASH CREDIT AND THEREFORE, THE ASSESSING OFFICER MADE THE ADDITION TO THE TUNE OF RS. 3,25,000/-. 4.ON APPEAL, THE LD.CIT(A) CONFIRMED THE ACTION OF THE ASSESSING OFFICER. AGGRIEVED BY THE ORDER OF THE LD.CIT(A), THE ASSESSEE IS IN APPEAL BEFORE US. 5.LEARNED COUNSEL FOR THE ASSESSEE, BY AND LARGE, REITERATED THE SUBMISSION MADE BEFORE THE LOWER AUTHORITIES. ON THE OTHER HAND, LD. DR FOR THE REVENUE HAS PRIMARILY REITERATED THE STAND TAKEN BY THE ASSESSING OFFICER, WHICH WE HAVE ALREADY NOTED IN OUR EARLIER PARA AND IS NOT BEING REPEATED FOR THE SAKE OF BREVITY. 6. WE HAVE HEARD BOTH THE PARTIES AND CAREFULLY GONE THROUGH THE SUBMISSION PUT FORTH ON BEHALF OF THE ASSESSEE ALONG WITH THE DOCUMENTS FURNISHED AND THE CASE LAWS RELIED UPON, AND PERUSED THE FACT OF THE CASE INCLUDING THE FINDINGS OF THE LD CIT(A) AND OTHER MATERIALS BROUGHT ON RECORD. SO FAR THE ADDITION OF RS.3,25,000/- MADE BY THE AO U/S 69 OF THE IT ACT, IS CONCERNED, LEARNED COUNSEL ARGUED BEFORE US THAT THE SAME WAS TAKEN FROM HIS WIFE SONAL DOSHI IN CASH ON 02.07.2014 AND RETURNED THE SAME TO SONAL DOSHI ON 02.03.2015 IN CASH ONLY. LEARNED COUNSEL CONTENDED THAT ASSESSEE SUBMITTED BANK STATEMENT OF AXIS BANK, WHICH IS A JOINT BANK ACCOUNT OF ASSESSEE AND HIS WIFE SONAL DOSHI, IN WHICH SONAL DOSHI IS THE FIRST HOLDER OF THAT ACCOUNT. THE ASSESSEE STATED THAT HIS WIFE WITHDREW RS.4,00,000/- ON 01.07.2014 IN CASH FROM AXIS BANK AND GAVE RS.3,25,000/- TO THE ASSESSEE. DURING THAT APPELLATE PROCEEDINGS, LD CIT(A), AFTER PERUSING THE BANK STATEMENT, NOTED THAT ASSESSEE (KETAN DOSHI) HIMSELF HAD TRANSFERRED RS.5,00,000/- ON 01.07.2014 IN THE JOINT ACCOUNT OF AXIS BANK, OUT OF WHICH RS. 4 LACS WAS WITHDRAWN BY SONAL DOSHI ON 01.07.2014. AS ASSESSEE HIMSELF TRANSFERRED RS.5,00,000/- ON PAGE | 3 ITA NO.114/SRT/2019 FOR A.Y. 2015- 16 KETAN J. DOSHI 01.07.2014 IN THE JOINT ACCOUNT WITH SONAL DOSHI, IT IS BEYOND LOGICAL HUMAN BEHAVIOR AS TO WHY A PERSON WILL TRANSFER FUND FROM HIS ACCOUNT TO WIFES ACCOUNT AND CASH WITHDRAWAL FROM WIFES ACCOUNT IS AGAIN ROUTED BACK TO THE PERSON FOR DEPOSIT IN HIS OWN BANK ACCOUNT. THUS, THIS EXPLANATION OF CASH AVAILABILITY IN THE ASSESSEES HAND OUT OF WIFES CASH WITHDRAWAL IS AN AFTERTHOUGHT EXPLANATION. THEREFORE, LD CIT(A) HAS CONFIRMED THE ADDITION MADE BY THE ASSESSING OFFICER. CONSIDERING THESE FACTS, WE NOTE THAT ASSESSEE HAS FAILED TO SUBSTANTIATE HIS CLAIM, THAT BEING SO, WE DECLINE TO INTERFERE WITH THE ORDER OF ID. CIT(A), AND THUS APPEAL FILED BY THE ASSESSEE IS HEREBY DISMISSED. 7. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 24/08/2021 BY PLACING THE RESULT ON THE NOTICE BOARD AS PER RULE 34(5) OF THE INCOME TAX (APPELLATE TRIBUNAL) RULE 1963. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER SURAT / / DATE: 24/08/2021 / SGR COPY OF THE ORDER FORWARDED TO 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT(A) 4. PR.CIT 5. DR/AR, ITAT, SURAT 6. GUARD FILE BY ORDER / / TRUE COPY / / SENIOR PRIVATE SECRETARY ITAT, SURAT