Adarsh Automobiles, Pune V. Income-tax Officer, Ward - 7(3), Pune

ITA 1360/PUN/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5861 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 23-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M K VERMA
• Assessee Lawyers: N O N E
• Keywords: Corroborative evidences; Onus to prove

Judgement Text

- IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE , , , BEFORE SHRI ANIL CHATURVEDI, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO . 1360 /P U N/201 8 / ASSESSMENT YEAR : 20 1 3 - 14 ADARSH AUTOMOBILES, 46/3, PUNE NAGAR ROAD, WADGAON SHERI, PUNE 411014 PAN : AABFA8949F ....... / APPELLANT / V/S. THE INCOME TAX OFFICER, WARD 7(3), PUNE / RESPONDENT ASSESSEE BY : N O N E REVENUE BY : SHRI M.K. VERMA / DATE OF HEARING : 2 4 - 01 - 2019 / DATE OF PRONOUNCEMENT : 31 - 0 1 - 201 9 / ORDER PER VIKAS AWASTHY, JM : TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 8, PUNE DATED 18 - 05 - 2018 FOR THE ASSESSMENT YEAR 2013 - 14. 2 ITA NO . 1360/PUN/2018, A.Y. 2013 - 14 THE SOLITARY ISSUE RAISED IN THE APPEAL IS AGAINST CONFIRMING ADDITION OF RS.10,00,000/ - U/S. 28 O F THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT ) . 2. THE NOTICE OF APPEAL WAS SENT TO THE ASSESSEE ON 31 - 12 - 2018 FOR 21 - 01 - 2019. THE NOTICE SENT THROUGH RPAD HAS BEEN RETURNED BACK WITH POSTAL REMARKS REFUSED. IT APPEARS THAT THE ASSESSEE IS NOT KEEN TO PURSUE AND DEFEND TH E APPEAL. UNDER SUCH CIRCUMSTANCES , WE PROCEED TO DECIDE THE APPEAL OF ASSESSEE WITH THE ASSISTANCE OF LD. DR AND THE MATERIAL AVAILABLE ON RECORD. 3. THE BRIEF FACTS OF THE CASE AS EMANATING FROM RECORDS ARE: THE ASSESSEE IS A DEALER OF PETROL, DIESEL , ETC. IN SCRUTINY ASSESSMENT PROCEEDINGS THE ASSESSING OFFICER OBSERVED THAT THE ASSESSEE HAS SHOWN UNSECURED LOANS OF RS.10,00,000/ - . THE ASSESSEE ASKED TO PRODUCE CONFIRMATION AND CREDITWORTHINESS OF THE CREDITORS. THE ASSESSEE EXPLAINED THAT THE SAI D AMOUNT HAS BEEN WRONGLY REFLECTED AS ADVANCES UNDER THE HEAD L OANS AND A DVANCES , IN FACT SAID AMOUNT IS SECURITY DEPOSIT RECEIVED FROM ONE M/S. RAJAT CONSTRUCTION PURPORTEDLY ENGAGED IN CONSTRUCTION OF ROADS ON PUNE AHMEDNAGAR HIGHWAY ON SUB CONTRACT BASIS . THE SAID PARTY HAD RUNNING ACCOUNT FOR PURCHASE OF DIESEL FOR ITS TRUCKS, CONCRETE MIXERS, JCBS, DUMPERS, ETC. HOWEVER, THE ASSESSEE COULD NOT PRODUCE ANY CONFIRMATION OR DETAILS SUCH AS ADDRESS, PAN , ETC. OF THE SAID FIRM BEFORE THE ASSESSING O FFICER. CONSEQUENTLY, THE ASSESSING OFFICER MADE ADDITION OF THE SAID AMOUNT IN THE HANDS OF THE ASSESSEE. 3 ITA NO . 1360/PUN/2018, A.Y. 2013 - 14 AGGRIEVED BY THE ADDITIONS MADE IN THE ASSESSMENT ORDER DATED 15 - 01 - 2016, THE ASSESSEE FILED APPEAL BEFORE THE COMMISSIONER OF INCOME TAX (APPEA LS). BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS), THE ASSESSEE REITERATED HIS SUBMISSIONS, HOWEVER, THE ASSESSEE FAILED TO PRODUCE ANY DOCUMENTARY EVIDENCE IN SUPPORT OF HIS CONTENTIONS OR TO PROVE THE GENUINENESS OF ALLEGED SECURITY DEPOSITS FROM M/S . RAJAT CONSTRUCTION . RESULTANTLY, THE COMMISSIONER OF INCOME TAX (APPEALS) CONFIRMED THE FINDINGS OF ASSESSING OFFICER. NOW, THE ASSESSEE IS IN SECOND APPEAL BEFORE THE TRIBUNAL. 4. SHRI M.K. VERMA REPRESENTING THE DEPARTMENT SUBMITTED THAT THE ASSES SEE HAS NOT FURNISHED ANY MATERIAL BEFORE THE ASSESSING OFFICER OR THE COMMISSIONER OF INCOME TAX (APPEALS) TO SHOW THE GENUINENESS OF PART Y. NO CONFIRMATION OF THE ALLEGED SECURITY DEPOSIT HAS BEEN FURNISHED BY THE ASSESSEE TILL DATE. THE LD. DR THUS, P RAYED FOR DISMISSING THE APPEAL OF ASSESSEE. 5. W E HAVE HEARD THE SUBMISSIONS MADE BY THE LD. DR AND HAVE PERUSED THE DOCUMENTS AVAILABLE ON RECORD. THE ADDITION OF RS.10,00,000/ - HAS BEEN MADE BY THE ASSESSING OFFICER AND CONFIRMED BY THE COMMISSIONER OF INCOME TAX (APPEALS) PRIMARILY ON THE GROUND THAT THE ASSESSEE HAS FAILED TO DISCHARGE HIS ONUS TO PROVE GENUINENESS OF PARTY FROM WHOM THE ALLEGED S ECURITY DEPOSIT HAS BEEN RECEIVED. THE ASSESSEE HAS FAILED TO FURNISH DETAILS OF PARTY SUCH AS ADDRESS, PAN, ETC. THE ASSESSEE HAS FURTHER FAILED TO FURNISH CONFIRMATION FROM M/S. RAJAT CONSTRUCTION FROM WHOM THE ASSESSEE HAS ALLEGEDLY RECEIVED AMOUNT OF 4 ITA NO . 1360/PUN/2018, A.Y. 2013 - 14 RS.10,00,000/ - AS SECURITY DEPOSIT AGAINST PURCHASE OF DIESEL, FUEL, ETC. IN THE ABSENCE OF ANY SUPPORTING EVIDENCE SUBSTANTIATING THE RECEIPT OF SECURITY DEPOSIT AND THE GENUINENESS OF THE PARTY GIVING DEPOSIT, WE DO NOT FIND ANY INFIRMITY IN THE IMPUGN ED ORDER. THEREFORE, THE SAME IS UPHELD AND THE APPEAL OF ASSESSEE IS DISMISSED BEING DEVOID OF ANY MERIT. 6. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON THURSDAY, THE 31 ST DAY OF JANUARY, 2019. SD/ - SD/ - ( / ANIL CHATURVEDI ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 31 ST JANUARY, 2019. RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 8, PUNE 4. THE PR. COMMISSIONER OF INCOME TAX - 4, PUNE 5. , , - , / DR, ITAT, SMC BENCH, PUNE. 6. / GUARD FILE. / / // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE