Sagar Uttam Murhe, Pune V. Deputy Commissioner of Income-tax, Circle - 8, Pune

ITA 1615/PUN/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4959 (ITAT-PUNE)
• Duration Of Justice: 10 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 13-08-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 08-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VISHWAS MUNDHE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL , VICE PRESIDENT . / ITA NO. 1615 /PUN/20 18 / ASSESSMENT YEAR : 2014 - 15 SAGAR UTTAM MURHE, HOUSE NO.898, AT POST - KURULI, VILLAGE TAL : KHED, DIST. PUNE - 410501 PAN : AQLPM2140E ....... / APPELLANT / V/S. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 8, PUNE. / RESPONDENT A SSESSEE BY : NONE REVENUE BY : SHRI VISHWAS MUNDHE / DATE OF HEARING : 13 .0 8 .2019 / DATE OF PRONOUNCEMENT : 13 .08 .2019 / ORDER PER R.S. SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) - 6 , PUNE ON 20.06.2018 IN RELATION TO THE ASSESSMENT YEAR 2014 - 15 . 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST THE CONFIRMATION OF ADDITION OF RS.17,25,000/ - . 3. BRIEFLY STATED FACTS OF THE CASE ARE THAT THE ASSESSEE DEPOSITED RS.31,50,200/ - IN HIS BANK ACCOUNT ON VARIOUS DATES. 2 ITA NO. 1615 /PUN/20 18 A.Y. 2014 - 15 S OURCE OF CASH DEPOSIT WAS EXPLAINED , INTER ALIA, THAT THE ASSESSEE STATING THAT HE RECEIVED RS.17,25,000/ - FROM MR. RAHUL UTTAM MURHE IN THE FORM OF CASH ON VARIOUS DATES. IN ASSESSMENT PROCEEDING, THE ASSESSEE DID NOT PRODUCE THE SAID PERSON NOR ESTABLISHED THE CREDIBILITY OF THIS TRANSACTION TO THE SATISFACTION OF THE AO. THIS LED TO THE ADDITION OF RS.17,25,000/ - . THE LD. CIT(APPEALS) CONFIRMED THE ADDITION . 4. I HAVE HEARD THE LD. DR AND PERUSED THE RELEVANT MATERIAL ON RECORD. THERE IS NO APPEARANCE FROM THE SIDE OF THE ASSESSEE DESPITE NOTICE. IT IS SEEN THAT THE ASSESSEE COULD NOT SUBSTANTIATE OR EXPLAIN THE IDENTITY AND CREDIBILI TY OF THE RAHUL UTTAM MURHE AS WELL AS AMOUNT DEPOSITED EITHER AT THE ASSESSMENT STAGE OR BEFORE THE LD. F IRST A PPELLATE AUTHORITY . THE POSITION REMAINS S IMILAR BEFORE THE TRIBUNAL AS WELL. I THEREFORE, CONCUR WITH THE REASONS ADOPTED BY THE LD. CIT(APPEALS) AND U PHOLD THE IMPUGNED ORDER. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRO NOUNCED ON 13 TH DAY OF AUGUST , 201 9 . SD/ - R . S . SYAL / VICE - PRESIDENT / PUNE; / DATED : 13 TH AUGUST , 201 9 . SB 3 ITA NO. 1615 /PUN/20 18 A.Y. 2014 - 15 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS) - 6, PUNE. 4. THE PR. CIT - 5, PUNE. 5. , , - , / DR, ITAT, SMC BENCH, PUNE. 6. / GUARD FILE. // TRUE COPY // / BY ORDER, / PRIVATE SECRETARY , / ITAT, PUNE . 4 ITA NO. 1615 /PUN/20 18 A.Y. 2014 - 15 * DATE 1 DRAFT DICTATED ON 13.08 .201 9 SR. PS/PS 2 DRAFT PLACED BEFORE AUTHOR 13.08 .2019 SR. PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR. PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR. PS/PS 7 DATE OF UPLOADING OF ORDER SR. PS/PS 8 FILE SENT TO BENCH CLERK SR. PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER