PARIMAL M. PATEL, MUMBAI V. ITO WD 26(1)(3), MUMBAI

ITA 1540/MUM/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4072 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 06-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KUMAR PADMA
• Section: 68

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JM & SHRI S . RIFAUR RAHMAN, AM ./ I.T.A. NO . 1540 / MUM/ 2017 ( / ASSESSMENT YEAR: 2011 - 12 ) PARIMAL M. PATEL, B - 402, SAFALYA, MAHAVIR NAGAR, NEAR SANKALP HOTEL, OFF. SATYA NAGAR, KANDIVALI WEST MUMBAI - 400 067 . / VS. ITO WARD 26(1)(3), PRATYAKSHAKAR BHAVAN, BANDRA EAST, MUMBAI - 400 051 ./ ./ PAN NO. AGLPP 7360 B ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENTBY : SHRI KUMAR PADMAPANI BORA , DR / DATE OF HEARING : 16 .12 .201 9 / DATE OF PRONOUNCEMENT : 26.02.2020 / O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. COMMIS S IONER OF INCOME TAX - 46 IN SHORT 2 I.T.A. NO. 1540 /MUM/201 7 PARIMAL M. PATEL REFERRED AS LD. CIT (A) , MUMBAI, DATED 29.12.16 FOR A SSESSMENT YEAR (IN SHORT A Y ) 2011 - 12 . 2 . AT THE TIME OF HEARING, WE NOTICE THAT NONE APPEARED ON BEHALF OF THE ASSESSE AFTER FILING THE PRESENT APPEAL. THE CASE WAS POSTED FOR HEARING ON 02.07.17 AND SUBSEQUENTLY ON 06.09.18, 10.10.18, 26.03.19, 21.08.19, 18.09.19 AND FINALLY ON 16.12.19, NONE APPEARED ON BEHALF OF THE ASSESSEE. WE FURTHER NOTICE THAT THAT A SSESSEE HAD NOT APPEARED BEFORE LD. CIT(A) , EVEN THOUGH LD. CIT(A) HAS GIVEN SEVERAL OPPORTUNITIES TO APPEAR BEFORE HIM, BUT ASSESSEE HAS NOT APPEARED, THEREFORE LD. CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE BY CONSIDERING TO THE CONCISE NOTE SUBMITTED B Y THE ASSESSEE. IN THE CONCISE NOTE AND ALSO BEFORE AO, ASSESSEE INFORMED THAT ITS BOOKS OF ACCOUNT CONFISCATED BY SALES TAX DEPARTMENT AND ACCORDINGLY, ASSESSEE HAS NOT SUBMITTED ANY OF THE BOOKS OF ACCOUNT AND OTHER RELEVANT INFORMATION BEFORE AO, THEREF ORE AO ESTIMATED THE GP @ 3% AND AO FURTHER NOTICE THAT ASSESSEE HAS MADE CASH DEPOSITS IN ITS BANK ACCOUNT TO THE EXTENT OF RS. 8,10,47,300/ - AS UNEXPLAINED 3 I.T.A. NO. 1540 /MUM/201 7 PARIMAL M. PATEL CASH CREDIT U/S 68 OF THE ACT AND ACCORDINGLY, AO DISALLOWED 10% OF THE ABOVE CASH DEPOSITS. 3. SI NCE ASSESSEE HAS NOT SUBMITTED ANY DOCUMENTS BEFORE LD. CIT(A), EVEN THOUGH LD. CIT(A) HAS GIVEN SEVERAL OPPORTUNITIES AND EVEN BEFORE US, ASSESSEE HAS FILED THE APPEAL, BUT FAILED TO APPEAR BEFORE US ON THE AFOREMENTIONED DATES NOR SUBMITTED ANY DOCUMENTS IN SUPPORT OF HIS APPEAL NOR APPOINTED ANY AUTHORIZED REPRESENTATIVE TO APPEAR ON HIS BEHALF. S INCE, THERE IS NO REPRESENTATION FROM ASSESSEE SIDE TO SUBSTANTIATE ITS CLAIM, WE ARE INCLINED TO ACCEPT THE FINDINGS OF TAX AUTHORITIES. 4. WE NOTICE THAT AO HAS ESTIMATED THE GP BASED ON THE EARLIER YEARS DATA AND SINCE ASSESSEE COULD NOT SUBSTANTIATE WITH PROPER DOCUMENTS TO CLAIM THAT HE HAS ACTUALLY EARNED GP LESS THAN 3 %. IN RESPECT OF HIGHER GP IN EARLIER YEARS, WE ARE INCLINED TO ACCEPT THE FINDINGS OF A O. 5. WITH REGARD TO CASH DEPOSITS, WE NOTICE THAT ASSESSEE HAS HUGE DEPOSITS IN ITS BANK ACCOUNT TO THE EXTENT OF RS. 8,10,47,300/ - AND ASSESSEE COULD NOT SUBSTANTIATE THE REASONS FOR 4 I.T.A. NO. 1540 /MUM/201 7 PARIMAL M. PATEL SUCH HUGE CASH DEP OSITS, THEREFORE AO HAS DISALLOWED @ 10% OF THE CASH DEPOSITS U/S 68 OF THE ACT. SINCE, THERE IS NO REPRESENTATION, WE ARE INCLINED TO ACCEPT THE ESTIMATION ADOPTED BY AO. ACCORDINGLY, GROUNDS RAISED BY THE ASSESSEE ARE DISMISSED. 6 . IN THE NET RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH FEB 2020. SD/ - SD/ - ( SAKTIJIT DEY ) (S. RIFAUR RAHMAN ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 26 .02 .2020 SR.PS . DHANANJAY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F I LE / BY ORDER, . / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI