Smt. Bhavnaben Maheshbhai Patel, Ahmedabad V. The Dy. CIT., Central Circle-1(2), Ahmedabad

ITA 1672/AHD/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 6341 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 20-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAMESH CHANDRA DANDEY
• Keywords: Corroborative evidences
• Section: 153A; 201; 69A; 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH BEFORE: SHR I RAJPAL YADAV , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SMT. BHAVNABEN MAHESHBHAI PATEL, B - 202, MARUTI TOWER, NR. SHIVRANJANI CROSS ROAD, SATELLITE AHMEDABD - 380015 PAN: AJDPP4583F (APPELLANT) VS THE DCIT , CENTRAL CIRCLE - 1(2) , AHMEDABAD (RESPONDENT) REVENUE BY : S H RI RAMESH CHANDRA DANDEY , CIT D . R. ASSESSEE BY: MS. URVASHI SHODHAN , A.R. DATE OF HEARING : 26 - 08 - 2 019 DATE OF PRONOUNCEMENT : 15 - 10 - 2 019 / ORDER P ER : AMA RJIT SINGH, ACCOUNTANT MEMBER : - THIS ASSESSEE S APPEAL FOR A.Y. 2012 - 13 , ARI SES FROM ORDER OF THE CIT(A) - 4, VADODARA DATED 21 - 06 - 2 017 , IN PROCEEDINGS UNDER SECTION 154 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE ASSESSEE HAS RAISED FOLLOW ING GROUNDS OF APPEAL: - 1. LD. CIT (A) ERRED IN LAW IN CONFIRMING ORDER OF AO FRAMING ASSESSMENT U/S 143 (3) R W S 153A OF THE ACT IN ABSENCE OF ANY INCRIMINATING MATERIAL REGARDING ANY UNDISCLOSED INCOME PERTAINING TO THE APPELLANT FOUND DURING THE COURSE OF SEARCH. LD. CIT (A) OUGHT TO HAVE QUASHED THE ORDER BEING ILLEGAL, UNLAWFUL AND THEREFORE VOID AB INITIO. IT BE SO HELD NOW. I T A NO . 1672 / A HD/20 16 A SS ESSMENT YEAR 2012 - 13 I.T.A NO. 1672 /AHD/20 16 A.Y. 2012 - 13 PAGE NO SMT. BHAVNABEN MAHESHBHAI PATEL VS. DCIT 2 2. LD. CIT (A) ERRED IN LAW AND ON FACTS IN HOLDING THAT AO GRANTED ADEQUATE OPPORTUNITY TO THE APPELLANT BY ELABO RATELY DISCUSSING GROUNDS FOR REJECTION OF THE CLAIM IN THE ORDER. LD. CIT (A) FAILED TO APPRECIATE THAT FAILURE TO ISSUE SHOW CAUSE NOTICE AS REGARDS THE CLAIMS MADE IN THE RETURN OF INCOME BEFORE ANY MODIFICATION BY AO VITIATES THE ASSESSMENT PROCEEDINGS . 3. LD. CIT (A) ERRED IN LAW IN AND ON FACTS CONFIRMING ACTION OF AO TREATING CASH FOUND FROM LOCKER DURING SEARCH AS UNEXPLAINED U/S 69A OF THE ACT. LD. CIT (A) OUGHT TO HAVE DELETED ADDITION APPRECIATING THE STATEMENT OF APPELLANT AT THE TIME OF SEARCH CATEGORICALLY STATING THAT CASH BELONGED TO & INCOME DISCLOSED BY M/S MARUTI REALTORS, AN ASSOCIATE CONCERN. 4. LD. CIT (A) ERRED IN LAW AND ON FACTS IN CONFIRMING ADDITION MADE BY AO WITHOUT EXAMINING ANY PARTNERS OF THE FIRM TO WHOM CASH WAS STATED TO BE BELONGING BY THE APPELLANT. LD. CIT (A) OUGHT TO HAVE DELETED ADDITION IN ABSENCE OF ANY BUSINESS OR SOURCE OF INCOME TO EARN UNACCOUNTED CASH. 5. WITHOUT PREJUDICE TO THE ABOVE AND IN THE ALTERNATIVE, ID. CIT (A) OUGHT TO HAVE ADJUDICA TED & ALLOWED TELESCOPING CREDIT OF THE ADDITIONS MADE IN THE GROUP CASES AND THEREBY REDUCED / DELETED ADDITION IN THE PRESENT CASE. 6. LEVY OF INTEREST U/S 234A, 234B, 234C & 234D OF THE ACT IS UNJUSTIFIED. 7. INITIATION OF PENALTY PROCEEDIN GS U/S 271AAA OF THE ACT IS UNJUSTIFIED. 3. THE FACT IN BRIEF IS THAT A SEARCH ACTION WAS CONDUCTED IN THE CASE OF SAVVY GROUP ON 27 TH APRIL, 2011. THE CASE OF THE ASSESSEE WAS ALSO COVERED DURING THE AFORESAID SEARCH ACTION. DURING THE COURSE OF SEARC H AT LOCKER NO. 972 IN THE NAME OF THE ASSESSEE HELD WITH NARODA NAGRIK CO - OPERATIVE BANK ON 3 RD JUNE, 2011 CASH AGGREGATING TO RS. 7 LACS WAS FOUND AND SEIZED. DURING THE COURSE OF SEARCH A STATEMENT OF THE ASSESSEE WAS RECORDED U/S. 132(4) OF THE ACT RE GARDING SOURCE OF THE IMPUGNED CASH SEIZED FROM THE LOCKER STANDING IN HER NAME AND THE ASSESSEE EXPLAINED THE AFORESAID CASH BELONGED TO M/S. MARUTI BUILDCON OR ITS ASSOCIATE. HOWEVER, DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSEE HAS FAILED TO FILE ANY CONFIRMATION OR ANY EVIDENCE THAT THE SEIZED CASH WAS BELONGED TO M/S MARUTI BUILDCON , THEREFORE, THE ASSESSING OFFICER HAS ADDED THE AMOUNT OF RS. 7 LACS TO THE TOTAL INCOME OF THE ASSESSEE. 4. AGGRIEVED ASSESSEE HAS FILED APPEAL BEFORE THE LD. CIT(A). T HE LD. CIT(A) HAS DISMISSED THE APPEAL OF THE ASSESSEE. 5. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD CAREFULLY. IT I S UNDISPUTED FACT THAT CASH OF R S. 7 LCAS WAS FOUND AND SEIZED ON 3 RD JUNE, 2011 DURING THE COURSE OF SEARCH FROM LOCKER MAINTAINED IN THE I.T.A NO. 1672 /AHD/20 16 A.Y. 2012 - 13 PAGE NO SMT. BHAVNABEN MAHESHBHAI PATEL VS. DCIT 3 NAME OF THE ASSESSEE WITH NARODA NAGRIK CO - OPERATIVE BANK. DURING THE COURSES OF ASSESSMENT PROCEEDINGS AND APPELLATE PROCEEDINGS, THE ASSESSEE HAS FAILED TO FURNISH ANY SUPPORTING EVIDENCES TO SUBSTANTIATE HER CO NTENTION THAT THE IMPUGNED CASH WAS BELONGED TO MARUTI REALTORS. CONSIDERING THE ABOVE FACTS AND CIRCUMSTANCES, WE OBSERVED THAT ASSESSEE HAS FAILED TO SUBSTANTIATE THAT THE SEIZED CASH BELONGED TO MARUTI REALTORS, THEREFORE, WE DO NOT FIND ANY INFIRMITY IN THE DECISION OF LD. CIT(A). ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 15 - 10 - 201 9 SD/ - SD/ - ( RAJPAL YADAV ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 15 /10 /2019 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,