Sarat Chandra Sahoo, Bhubaneswar V. DCIT, Circle-2(2), Bhubaneswar, Bhubaneswar

ITA 129/CTK/2013

• Counselvise Citation: 12922114 RSA 2013
• Duration Of Justice: 2 year(s) 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-05-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 19-05-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 27-02-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHOVAN KRISHNA SAHU
• Assessee Lawyers: P R MOHANTY
• Keywords: Unexplained investment

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK B ENCH, CUTTACK , . . , BEFORE SHRI SUNIL KUMAR YADAV, JM & SHRI B.P.JAIN, AM ./ ITA NO.129/CTK/2013 ( ! ! ! ! / ASSESSMENT YEAR :2005-06) SARAT CHANDRA SAHOO, PLOT NO.2296/2297, JAYADEV VIHAR, BHUBANESWAR VS. DCIT, CIRCLE-2(2), BHUBAENSWAR ' ./ # ./ PAN/GIR NO. : AYGPS 2612 C ( '$ / APPELLANT ) .. ( %&'$ / RESPONDENT ) ( * * * * /ASSESSEE BY : SHRI P.R.MOHANTY * * * * /REVENUE BY : SHRI SHOVAN KRISHNA SAHU + ( / DATE OF HEARING : 19 TH MAY, 2015 -.! ( / DATE OF PRONOUNCEMENT 21 ST MAY,2015 / / / / / O R D E R PER B.P.JAIN (A.M) : THIS APPEAL OF THE ASSESSEE ARISES FROM THE ORDER O F THE LEARNED CIT(A)- II, DATED 18-12-2012, FOR THE ASSESSMENT YEAR 2005- 06. 2. BRIEF FACTS OF THE CASE ARE THAT THERE WAS A SEA RCH OPERATION IN THE CASE OF THE ASSESSEE, WHEREIN THE INVESTMENT MADE TOWARD S PURCHASE OF LAND AMOUNTING TO RS.2,33,920/- WAS MADE BY THE ASSESSEE . THE AR OF THE ASSESSEE CONFRONTED WITH THIS QUESTION AND ASKED AS TO WHY SUCH LAND IS NOT INCLUDED IN THE ASSET & LIABILITY STATEMENT SUBMITT ED AND TO EXPLAIN THE SOURCE OF THE SAME. THE AR OF THE ASSESSEE OPINED THAT THIS L AND IS THE PERSONAL LAND OF THE ASSESSEE AND THUS NOT INCLUDED IN THE ASSET & L IABILITY STATEMENT. THE AO DID ITA NO.129/CTK/2013 ASSESSMENT YEAR :2005-06) 2 NOT ACCEPT THE CONTENTION OF THE LD A.R. BEING THE ASSESSEE AN INDIVIDUAL. THE AR ALSO SUBMITTED THAT THE LOAN OF RS.1,35,000/- IN CASH WAS RECEIVED BY THE ASSESSEE FROM HIS WIFE AND MOTHER AND SUBMITTED WRI TTEN SUBMISSIONS FROM THE SAME. THESE EVIDENCES ARE NOT ACCEPTABLE TO THE AO AS THE CREDITWORTHINESS OF THE WIFE AND MOTHER ARE NOT ESTABLISHED AND THUS RS .1,35,000/- WAS TREATED AS UNEXPLAINED INVESTMENT. 3. IN APPEAL, THE CIT(A) CONFIRMED THE ACTION OF TH E ASSESSING OFFICER. 4. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THER E IS NO REQUIREMENT OF SUBMITTING THE BALANCE SHEET IN THE PERSONAL ACCOUN T AND SUBMITTED THE LOAN CONFIRMATION AND SOURCE TO SUBSTANTIATE ITS CLAIM B EFORE US. 5. LD. DR ON THE OTHER HAND ARGUED THAT THE FRESH E VIDENCES CANNOT BE ENTERTAINED BY THE TRIBUNAL UNLESS CALLED FOR BY TH E TRIBUNAL ITSELF AND, THEREFORE, IN THE ABSENCE OF ANY EXPLANATION OF THE SOURCE OF THE INVESTMENT BEFORE ANY OF THE AUTHORITIES BELOW AND IN THE ABSENCE OF ANY APP LICATION FOR ADMISSION OF FRESH EVIDENCE, THE APPEAL OF THE ASSESSEE IS LIABL E TO BE REJECTED. 6. WE HAVE HEARD THE RIVAL SUBMISSION OF THE PARTIE S AND PERUSED THE FACTS OF THE CASE. THE UNDISPUTED FACTS IN THE PRESENT CA SE ARE THAT THE ASSESSEE HAS NOT SUBMITTED ANY EXPLANATION WITH REGARD TO THE SO URCE OF RS.1,35,000/- BEFORE ANY OF THE AUTHORITIES BELOW. IT IS ALSO UNDISPUTED THAT THERE IS NO APPLICATION FOR ADMISSION OF FRESH EVIDENCE AND, THEREFORE, THE CON FIRMATION AND SOURCE PLACED BEFORE US IN THE ABSENCE OF ANY REQUIREMENT BY THE TRIBUNAL UNDER THE I.T.AT. ITA NO.129/CTK/2013 ASSESSMENT YEAR :2005-06) 3 RULES, THE APPEAL OF THE ASSESSEE IS NOT MAINTAINAB LE AND THE SAME IS HEREBY REJECTED. ACCORDINGLY,, THE GROUND IN THE ABSENCE OF ANY EXPLANATION WITH REGARD TO THE SOURCE IS HEREBY DISMISSED. 7. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 21 / 05/2015. SD/- SD/- ( ) (SUNIL KUMAR YADAV) ( . . ) (B.P.JAIN) / JUDICIAL MEMBER / ACCOUNTANT MEMBER CUTTACK; DATED 21 /05/2015 % . . /PKM, . / PS / / / / %( %( %( %( 2!( 2!( 2!( 2!( / COPY OF THE ORDER FORWARDED TO : / / / / / BY ORDER, 3 33 3 / 4 4 4 4 (ASSTT. REGISTRAR) , / ITAT, CUTTACK 1. '$ / THE APPELLANT : SARAT CHANDRA SAHOO, PLOT NO.2296/2297, JAYADEV VIHAR, BHUBANESWAR 2. %&'$ / THE RESPONDENT. DCIT, CIRCLE-2(2), BHUBAENSWAR 3. 5 ( ) / THE CIT(A), BHUBANESWAR 4. 5 / CIT , BHUBANESWAR 5. 6 %( , / DR, ITAT, CUTTACK 6. 8 9+ / GUARD FILE. &( %( //TRUE COPY//