The ITO, Ward-3, Gandhinagar V. Shri Mithun R.Amin, Gandhinagar

ITA 1360/AHD/2011

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 76736 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-06-2014
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 10-05-2011
• Court: TRIBUNAL
• Department Lawyers: ROOP CHAND
• Assessee Lawyers: IN PERSON WRITTEN SUBMISSION
• Keywords: Gift; Additional evidence

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD 0 00 0 0 00 0 , , , , !'# !$ !'# !$ !'# !$ !'# !$0 00 0! !! !0 00 0 %$ %$ %$ %$, , , , &' ( &' ( &' ( &' ( & & & & BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI N.S. SAINI, ACCOUNTANT MEMBER ITA NO. 1360/AHD/2011 ASSESSMENT YEAR 2007-08 INCOME TAX OFFICER, VAPI WARD-4, DAMAN. VS SHRI MITHUN R. AMIN NR. JAIN TEMPLE, PRAJAPATI VAS, AMINWADA, DAHEGAM. DIST. GANDHINAGAR. PAN: ABMPN3551C )*/ APPELLANT ,-)* / RESPONDENT REVENUE BY : SHRI ROOPCHAND, SR. DR ASSESSEE(S) BY : IN PERSON ( WRITTEN SUBMISSION ) $'. / 0'/ // / DATE OF HEARING : 26/05/2014 123 / 0' / DATE OF PRONOUNCEMENT : 06/06/2014 &4 &4 &4 &4/ // / O R D E R PER SHRI G.C. GUPTA, VICE PRESIDENT: THIS IS AN APPEAL FILED BY THE REVENUE FOR AY 200 7-08 DIRECTED AGAINST THE ORDER OF CIT(A). 2. THE ONLY GROUND OF APPEAL OF THE REVENUE IS AS UNDER: THE LEARNED CIT(A) HAS ERRED IN LAW AND ON FACT IN DELETING THE ADDITION OF RS 11,29,700/- MADE ON ACCOUNT OF UNEXP LAINED MONEY. ITA NO. 1360/AHD/2011 SHRI MITHUN R. AMIN, GANDHINAGAR. FOR A.Y. 2007-08 - 2 - 3. THE LD. DR HAS REFERRED TO THE RELEVANT PORTION S OF THE ASSESSMENT ORDER IN SUPPORT OF THE CASE OF THE REVE NUE. HE SUBMITTED THAT THERE WERE CASH DEPOSITS IN THE BANK ACCOUNT OF THE ASSESSEE AND THE SAME COULD NOT BE EXPLAINED SATISFACTORILY BY THE ASSESS EE AND THE ADDITION WAS RIGHTLY MADE IN THE HANDS OF THE ASSESSEE. HE RELI ED ON THE ORDER OF THE ASSESSING OFFICER. 4. THE ASSESSEE HAS APPEARED IN PERSON AND HAS FIL ED THE WRITTEN SUBMISSION IN SUPPORT OF HIS CASE. HE HAS BASICALL Y RELIED ON THE ORDER OF THE CIT(A). 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PE RUSED THE ORDERS OF ASSESSING OFFICER AND CIT(A). WE FIND TH AT THE CIT(A) HAS PASSED A WELL REASONED APPELLATE ORDER AND OUT OF THE TOTA L ADDITION OF RS 13,85,200/-, AN ADDITION OF RS 2,55,500/- HAS BEEN CONFIRMED AND THE BALANCE ADDITION HAS BEEN DELETED BY HIM. THE CIT( A) HAS OBSERVED THAT THE ASSESSEE HAS FILED EVIDENCES FOR EXPLAINING CRE DIT ENTRIES IN HIS BANK ACCOUNT BY FILING COPY OF THE PASSPORT OF THE STUDE NTS, CHEQUES ISSUED DIRECTLY TO SACHINAM HOLIDAYS AND LKP FOREX, TH E STATEMENTS AND AFFIDAVITS OF SOME STUDENTS, THE MIGRATION VISAS ON THE CORRESPONDING DATES, THE EVIDENCE OF ADMISSION OFFER OF UNIVERSITIES TO THE STUDENTS AND IN SOME CASES, THE MENTION OF FOREIGN CURRENCY TAKEN OUT BY THE STUDENTS OUTSIDE INDIA ESTABLISHED THAT THE AMOUNTS WERE ISSUED IN F AVOUR OF THE STUDENTS. THE CIT(A) HAS FURTHER OBSERVED THAT CONSIDERING TH AT NONE OF THE STUDENTS WAS CLOSELY RELATED TO THE ASSESSEE, UNDER NO CIRCU MSTANCES SUCH PAYMENTS COULD BE EVEN CONSIDERED GIFTS MADE BY THE ASSESSEE . THE CIT(A) HAS UPHELD THE CLAIM OF THE ASSESSEE THAT THE ASSESSEE HAS ALLOWED HIS BANK ACCOUNT TO BE USED BY THE STUDENTS OF THE COACHING CENTRE AND THE PREPONDERANCE OF HUMAN BEHAVIOUR READ WITH ALL THE EVIDENCES ESTABLISHES THIS FACT IN FAVOUR OF THE ASSESSEE. THE CIT(A) HA S RECORDED THAT THE ASSESSEE BEING IN AUSTRALIA DURING THE PERIOD WHEN ASSESSMENT PROCEEDINGS ITA NO. 1360/AHD/2011 SHRI MITHUN R. AMIN, GANDHINAGAR. FOR A.Y. 2007-08 - 3 - WERE GOING ON, HE WAS PREVENTED BY SUFFICIENT CAUSE IN PRODUCING ALL THE EVIDENCES BEFORE THE ASSESSING OFFICER AND THEREFOR E, THE ADDITIONAL EVIDENCES WERE ACCEPTED UNDER RULE 46A AND THE ADDI TIONAL EVIDENCES WERE PROVIDED TO THE ASSESSING OFFICER FOR COMMENTS. TH E AMOUNT OF OPENING BALANCE OF RS 2,55,500/- COULD NOT BE ESTABLISHED B Y THE ASSESSEE AND THEREFORE, THE ADDITION OF THE SAME WAS CONFIRMED B Y THE CIT(A) AND THE BALANCE ADDITION WAS DELETED. THERE BEING NO MISTA KE IN THE ORDER OF THE CIT(A), WHO HAS PASSED A BALANCED AND SPEAKING ORDE R AFTER CONSIDERING ALL THE EVIDENCES BROUGHT ON RECORD, WE HOLD THAT NO IN TERFERENCE IN THE ORDER OF CIT(A) IS CALLED FOR WHICH IS ACCORDINGLY CONFIRMED AND THE GROUND OF APPEAL OF THE REVENUE IS DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED IN THE COURT ON FRIDAY, THE 06 TH OF JUNE, 2014 AT AHMEDABAD. SD/- SD/- ( N.S. SAINI) ACCOUNTANT MEMBER (G.C. GUPTA) VICE PRESIDENT AHMEDABAD; DATED 06 /06/2014 GHANSHYAM MAURYA, SR. P.S. TRUE COPY &4 / ,5 6&53 &4 / ,5 6&53 &4 / ,5 6&53 &4 / ,5 6&53/ COPY OF THE ORDER FORWARDED TO : 1. )* / THE APPELLANT 2. ,-)* / THE RESPONDENT. 3. ## 7 / CONCERNED CIT 4. 7() / THE CIT(A)-III, AHMEDABAD 5. 5': ,$ , , / DR, ITAT, AHMEDABAD 6. ;< =. / GUARD FILE. &4$ &4$ &4$ &4$ / BY ORDER, / // / # # # # ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD