Ashok Kumar , Bokaro V. ITO WARD-3(1), BOKARO

ITA 212/RAN/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9513 (ITAT-RANCHI)
• Duration Of Justice: 2 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 01-09-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NISHA SINGHMARR J
• Keywords: Unexplained cash credit; Onus to prove
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: RANCHI BENCH, RANCHI BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A NO.212/RAN/2017 ASSESSMENT YEAR: 2013-14 ASHOK KUMAR, BOKARO PURULIA ROAD, CHAS, BOKARO, JHARKHAN-827013. VS. ITO, WD-3(1), BOKARO PAN/GIR NO. : AIQPK5881K ( APPELL ANT ) .. (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SMT. NISHA SINGHMARR, JCIT(DR) DATE OF HEARING 03.03.2020 DATE OF PRONOUNCEMENT 03.03.2020 O R D E R S. S. GODARA(ORAL): THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2013-14 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS), HAZARIBAG, JHARKHAND DATED 15.06.2017 PASSED IN CASE NO.10046/2016-17 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). CASE CALLED TWICE. NONE APPEARS AT ASSESSEES BEHEST. THE REGISTRY HAS ALREADY SENT A RPAD TO THE ASSESSEE DATED 11.02.20 . I ACCORDINGLY PROCEED EX PARTE. 2. I NOTICE DURING THE COURSE OF HEARING WITH THE ABLE ASSISTANCE OF LEARNED DEPARTMENTAL REPRESENTATIVE THAT BOTH THE LOWER AUTHORITIES HAVE TREATED THE SUM IN QUESTION OF RS.25 LAKHS DEPOSITED IN THE BANK ACCOUNT(S) AS UNEXPLAINED CASH CREDITS. THE ASSESSEE APPEARS TO HAVE EXPLAINED THAT THE SAME CAME FROM SIX PARTIES. HE ALSO FILED SAID SIX PARTIES CONFIRMATIONS AND BANK ACCOUNTS BEFORE THE ASSESSING OFFICER WHO DECLINED THE SAME AFTER HOLDING THAT MERE FILING SUCH CONFIRMATIONS AND DOCUMENTARY EVIDENCE DOES NOT SATISFACTORILY DISCHARGE THE TAXPAYERS ONUS TO PROVE IDENTITY, GENUINENESS AND CREDITWORTHINESS THEREOF. THE VERY FACTUAL POSITION CONTINUES BEFORE THE CIT(A) AND TRIBUNAL AS WELL WHEREIN THERE IS NO REBUTTAL TO THIS EFFECT FROM THE ASSESSEES SIDE. I THEREFORE AFFIRM THE IMPUGNED ADDITION OF RS.25 LAKHS. I.T.A NO.212/RAN/2017 ASHOK KUMAR, BOKARO 2 3. COMING TO THE LATTER ISSUE OF AD HOC DISALLOWANCE OF 15% OF THE GENERAL EXPENSES COMING TO RS.14,407/-, LEARNED DEPARTMENTAL REPRESENTATIVE IS FAIR ENOUGH THAT THE SAME IS NOT BASED ON ANY DISCREPANCY ON RECORD. THE ASSESSEE SUCCEEDS IN HIS INSTANT SECOND SUBSTANTIVE GRIEVANCE THEREFORE. 4. THIS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOVE TERMS. ORDER IS PRONOUNCED IN THE OPEN COURT ON 03.03.2020. SD/- (S. S. GODARA) JUDICIAL MEMBER DATED: 03.03.2020. RS COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) - 5. THE DR, ITAT, RANCHI 6. GUARD FILE BY ORDER SR. P.S., ITAT, RANCHI (ON TOUR)