SHRI MOHAN EKNATH DANI, Nagpur V. ITO-WARD-8(1), Nagpur

ITA 153/NAG/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1674 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 01-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KANE
• Keywords: Unexplained cash credit

Judgement Text

1 ITA NO. 1 53 /NAG/2014 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NO. 153 /NAG/2014 ASSESSMENT YEAR: 2006 - 07 SHRI MOHAN EKNATH DANI, THE INCOME - TAX OFFICER, 136, VIVEKANANDNAGAR, V/S. WARD - 8(1), NAGPUR. NAGPUR. PAN AAWPD5021A. APPELLANT. RESPONDENT. APPELLANT BY : NONE. RESPONDENT BY : SHRI NARENDRA KANE. DATE OF HEARING : 02 - 07 - 2015 DATE OF PRONOUNCEMENT : 28 TH AUGUST, 2015 O R D E R PER MUKUL K. SHRAWAT, J.M. . THIS IS AN APPEAL FILED BY THE ASSESSEE ARISING FROM THE ORDER OF LEARNED CIT(APPEALS) - II, NAGPUR DATED 24 - 12 - 2010. THE GROUNDS RAISED ARE AS UNDER: 1. UNEXPLAINED ADVANCES TAKEN : IN THE ASSESSMENT ORDER, THE AO HAS ADDED UNEXPLAINED CREDITS TO THE TUNE OF ` . 26 LAKHS TAKEN FROM THREE DIFFERENT PARTIES. IN THE APPEAL ORDER, CREDIT OF ONE PARTY WAS ADMITTED IN FULL AND OF ONE PARTY IS PART. SO ` .13,50,000/ - WAS ADMITTED AND ` .12,50,000/ - WAS DISALLOWED. DURING THE HEARING, ASSESSEE HAS GIVEN AFFIDAVITS AND BA NK STATEMENT OF ALL THE THREE PARTIES STATING THE ADVANCES TAKEN. THE HONOURABLE CIT APPEALS - II HAS NOT CALLED THE SAID PARTIES FOR CROSS VERIFICATION. THE SAID LOANS ARE CONFIRMED AND ACTUAL. HENCE, RELIEF OF ` .12,50,000/ - IS CLAIMED. 2 ITA NO. 1 53 /NAG/2014 2. UNEXPLAINED CREDITS: IN THE ASSESSMENT ORDER, AO HAS ADDED 10% OF UNEXPLAINED CREDITS IN THE BANK ACCOUNT TO THE INCOME. IN THE APPEAL ORDER, IT IS ADMITTED THAT AMOUNT IS EXPLAINED AND ONLY ` .9,75,000/ - STANDS UNEXPLAINED. SO IN THE RECTIFICATION O RDER U/S 154, THE WHOLE AMOUNT WAS ADDED AS INCOME WHICH IS ERRONEOUSLY DONE. ALSO THE EXPLANATION FOR TOTAL ` .1,32,76,742/ - WAS PROVIDED AND NOT OF ` . 1,23,00,000/ - AS REFERRED IN APPEAL ORDER. HENCE, RELIEF OF ` .7,62,590/ - IS CLAIMED. 3. UNEXPLAINE D INVESTMENT: ASSESSEE HAS MADE AN INVESTMENT IN AGRICULTURAL LAND TO THE TUNE OF ` .5,00,000/ - . A COPY OF SALE DEED AND COPY OF BANK STATEMENT IN WHICH CHEQUE PAYMENT IS REFLECTED IS ALREADY SUBMITTED TO THE AO AND APPEAL AUTHORITY ALSO. HENCE, RELIEF OF ` .5,00,000/ - IS CLAIMED. 2. AT THE OUTSET WE HAVE BEEN INFORMED BY THE REGISTRY THAT THIS APPEAL WAS BELATEDLY FILED BY 1134 DAYS. WE HAVE ALSO NOTED THAT A NOTICE WAS ISSUED THROUGH REGISTERED A.D. BUT THE SAME WAS ALSO NOT SERVED BY THE REVENUE DEP ARTMENT AS THE PREMISES WAS FOUND LOCKED. THERE IS NO INTIMATION ON RECORD THAT THERE WAS ANY CHANGE IN ADDRESS OF THE ASSESSEE. THE NOTICE WAS ISSUED AT THE ADDRESS AS MENTIONED ON THE APPEAL MEMO. IT APPEARS THAT THE ASSESSEE IS NOT VIGILANT BECAUSE HE H AS FILED THE APPEAL BELATEDLY AND ALSO NOT PURSUING THIS APPEAL. HENCE. FOLLOWING THE DECISION IN THE CASE OF COMMISSIONER OF INCOME - TAX V/S. MULTIPLAN INDIA (P) LTD., 38 ITD 320 (DEL), THE APPEAL FILED BY THE ASSESSEE IS LIABLE TO BE DISMISSED FOR NON PR OSECUTION. 3. THE ASSESSEE, IF SO DESIRED, SHALL BE FREE TO MOVE THIS TRIBUNAL PRAYING FOR RECALLING THIS ORDER AND EXPLAINING REASONS FOR NON - COMPLIANCE ETC. THEN THIS ORDER MAY BE RECALLED. 3 ITA NO. 1 53 /NAG/2014 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED FOR NON - PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 28 TH DAY OF AUGUST, 2015. SD/ - SD/ - (SHAMIM YAHYA) (MUKUL K. SHRAWAT) (ACCOUNTANT MEMBER. JUDICIAL MEMBER NAGPUR, DATED: 2 8 T H AUGUST, 2015. COPY OF ORDER FORWARDED TO : 1. THE ASSESSEE. 2. REVENUE. 3. THE CIT(A) 4. THE CIT, NAGPUR. 5. THE D.R., ITAT, NAGPUR. 6. GUARD FILE. TRUE COPY. BY ORDER WAKODE ASSISTANT REGISTRAR, ITAT, NAGPUR