Sunil Kumar, Hapur UP V. ITO, Ward-3(5), Hapur UP

ITA 1690/DEL/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 0934 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 10-10-2022
• Assessment Year: 2009-2010
• Appeal Filed On: 27-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, NEW DELHI BEFORE SH. N.K. BILLAIYA, ACCOUNTANT MEMBER ITA No.1690/Del/2019 Assessment Year: 2009-10 Sunil Kumar 120, Chijarsi, Kulich Nagarm Delhi Road, Pilakhuwa, Hapur PAN No.BKOPK1109D Vs ITO Ward- 3 (5) Hapur (APPELLANT) (RESPONDENT) Appellant None Respondent Sh. Om Parkash, Sr. DR Date of hearing: 11/10/2022 Date of Pronouncement: 13/10/2022 ORDER PER N.K. BILLAIYA, AM: This appeal by the assessee is preferred against the order of the CIT(A), Muzaffarnagar dated 31.12.2018 pertaining to A.Y. 2009-10. 2. The solitary grievance of the assessee is that the CIT(A) erred in confirming the addition of Rs.40.35 lacs made by the AO. The contention of the assessee is that he should not be held 2 responsible for the cash deposit of Rs.40.35 lacs made by his father. 3. None attended on behalf of the assessee inspite of several notices issued since 22.10.2019, therefore, I decided to proceed exparte. 4. The DR was heard at length. Case records carefully perused. 5. Briefly stated the facts of the case are that as per AIR information available with the department, it came to the notices that the assessee has deposited cash amounting to Rs.40.35 lacs with Punjab and Sindh Bank in his Savings Bank account. Since the assessee Sh. Vikram Singh was deceased son Sunil Kumar as legal heir of the assessee replied to the notice of the AO. In his reply the legal heir contended that his deceased father has sold some land and the cash has been deposit out of the share from the sold land. On perusal of the details the AO found that the total sale consideration was Rs. 40.80 lacs and the share of the assessee works out to Rs. 10.20 lacs. The AO further found that most of the payment was received from banking channels mainly in the nature of cheques and drafts, therefore, finding no merit on the explanation of the assessee the AO made the addition of Rs.40.35 lacs u/s. 68 of the Act. 3 6. Assessee agitated the matter before the CIT(A) but without any success. 7. I have carefully perused the orders of the authorities below. There is no dispute that cash was found deposited in the bank account of the assessee it is also not in dispute that the source explained by the assessee was out of his share in the sale consideration of the sale of agricultural land. However, it is also not in dispute that the share of the assessee comes to only Rs.10.20 lacs and that to the transactions through banking channels, therefore, I do not find any reason to interfere with the findings of the CIT(A). The appeal filed by the assessee is accordingly dismissed. Order pronounced in the open court on 13.10.2022. Sd/- (N. K. BILLAIYA) ACCOUNTANT MEMBER *NEHA, Sr. Private Secretary* Date:- .10.2022 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 Date of dictation 11.10.2022 Date on which the typed draft is placed before the dictating Member 12.10.2022 Date on which the typed draft is placed before the Other member 13.10.2022 Date on which the approved draft comes to the Sr.PS/PS 13.10.2022 Date on which the fair order is placed before the Dictating Member for Pronouncement 13.10.2022 Date on which the fair order comes back to the Sr. PS/ PS 14.10.2022 Date on which the final order is uploaded on the website of ITAT 17.10.2022 Date on which the file goes to the Bench Clerk 17.10.2022 Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order