Shri Ashoke Kumar Ghosh, Kolkata V. ITO, Ward - 43(3), Kolkata

ITA 2259/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 1430 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 02-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C J SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH : KOLKATA [BEFORE HONBLE SHRI S.S. GODARA, JM] I.T.A NO. 2259/KOL/20 18 ASSESSMENT YEAR : 2014-1 5 SHRI ASHOKE KUMAR GHOSH VS- ACIT, CIRCLE- 3, KOLKATA [PAN: AJDPG 5435 D] (APPELLANT) ( RESPONDENT) FOR THE APPELLANT : NONE FOR THE RESPONDENT : SHRI C.J. SINGH, JC IT, SR. DR DATE OF HEARING : 04.03.2019 DATE OF PRONOUNCEMENT : 22.03.2019 ORDER 1. THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2014- 15 IS DIRECTED AGAINST THE CIT(A)- 13, KOLKATAS ORDER DATED 29.08.2018 PASSED IN CAS E NO. 658355221190618/CIT(A)- 13/W-45(3)/KOL/2018-19 INVOLVING PROCEEDINGS U/S 14 3(3) OF THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT). HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. NONE APPEARS AT THE ASSESSEES BEHEST. THE REGIS TRY HAS ALREADY SENT AN RPAD NOTICE DATED 16.11.2018. I THEREFORE PROCEED TO DEAL THE A SSESSEES CASE ON MERITS. 3. THE ASSESSEES SOLE SUBSTANTIVE GROUND SEEKS TO REVERSE BOTH THE LOWER AUTHORITIES ACTION ADDING OF RS. 8 LACS AS INCOME FROM OTHER SOURCES. THE CIT(A)S DETAILED DISCUSSION TO THIS EFFECT READS AS UNDER: 2 ITA NO.2259/KOL/2018 SHRI ASHOKE KUMAR GHOSH A.YR. 2014-15 2 GROUND NO.03 OF THE APPEAL RELATES TO THE ADDITION OF RS.8,00,000/-. THE AO MADE ADDITION WITH THE FOLLOWING OBSERVATIONS:- 'IN RELATION TO SHOW CAUSE DATED 17-10-2016 WHEREBY THE ASSESSEE WAS ASKED TO RECONCILE THE DIFFERENCE IN THE SUNDRY DEBTOR AS PE R BALANCE SHEET BEING RS.9,56,835/- COMPRISING OF (I) JIBAN BASU RS.19,83 0/- (II) SHITAL ENTERPRISES RS.89,655/- AND (III) BANKURA BIRI SILPI CO-OP SOCI ETY LTD RS.8,47,350/- AND TOTAL SUNDRY DEBTOR OF RS.44,76,630/- INCLUSIVE OF RS.35,19,795/- BEING THE BALANCE AS PER LEDGER OF M/S. LAXMI BIRI WORKS MAIN TAINED IN THE BOOKS OF M/S. G S & CO THE ASSESSEE VIDE REPLY DATED 30-11-2016 S TATED AS UNDER:- ....... I HAD RS.8,00,000/- IN MY HAND AND THIS AMO UNT I INTRODUCED IN MY BUSINESS BUT THE T RECORDED IN BOOKS OF ACCOUNTS. I HEREBY V OLUNTARILY AND SUO-MOTO OFFER RS.8,00,000/- FOR TAXATION FOR FY 2013-14. I USED T HIS AMOUNT OF RS.8,00,000/- FOR LOCAL PURCHASE FROM TIME TO TIME DURING THE FY 2013-14 THE CORRESPONDING SALES OF RS.35,19,79/- WAS ALSO NOT REFLECTED IN MY BOOKS OF ACCOUNTS THUS THE SALES OF RS.35,19,795/- IS UNDISCLOSED SALES AND I BEG TO YOUR KINDNESS TO APPLYING GP RATE ON SUCH UNDISCLOSED SALE. AS EVIDENT FROM THE SUBMISSION OF THE ASSESSEE STAT ED VERBATIM ABOVE, THE ASSESSEE HAD ACCUMULATED FIND AMOUNTING TO RS.8,00, 000/- WHICH WAS INTRODUCED AS CAPITAL BUT NOT RECORDED IN THE BOOKS OF ACCOUNTS.' IN THIS REGARD THE APPELLANT HAS SUBMITTED THAT THE APPELLANT WAS HAVING CASH IN HAND AND HE INTRODUCED THE SAME INTO HIS BUSINESS OUT OF PAST SAVINGS. AS THE APPELLANT WAS RUNNING BUSINESS HE ALWAYS REQUIRES FUND AND HE HAD MAINTAINED BANK ACCOUNT TOO. THE REASON FOR HAVING CASH IN HAND WAS NOT SUBSTANTIATE D BY THE CORROBORATING EVIDENCES. EVEN THE UTILIZATION OF WITHDRAWAL FOR DOMESTIC PUR POSES AS NOT BEEN SUBSTANTIATED AND HOW THIS SURPLUS ACCUMULATED HAS NOT BEEN SUBSTANTI ATED. THE LINKAGE OF PAST WITHDRAWALS, TOTAL WITHDRAWALS, -PERSONAL EXPENDITU RE WITH MATERIAL FACTS HAS NOT BEEN ESTABLISHED THEREFORE THE PLEA OF CASH DEPOSIT FROM PAST SAVING KEPT IN HIS PERSONAL CAPACITY IS MERELY A CONCOCTED STORY OF THE APPELLA NT IN ORDER TO GET AWAY WITH HIS TAX LIABILITY THEREFORE, THE PLEA OF THE APPELLANT IS N OT ACCEPTED THEREFORE THE ACTION OF THE AO IS HEREBY UPHELD AND THE GROUND OF APPEAL IS DIS MISSED. 4. I FIND DURING THE COURSE OF HEARING THAT THE ASS ESSEE HAS NOT BEEN ABLE TO EXPLAIN SOURCE OF THE IMPUGNED SUM AMOUNTING TO RS. 8 LACS. THE FACT ALSO REMAINS THAT THE ASSESSEE HIMSELF OFFERED ASSESSMENT THEREOF AS PER HIS STATEMENT DATED 30.11.2016 SUBMITTED DURING THE COURSE OF SCRUTINY. THERE IS N O REBUTTAL TO THIS CONCUSSION EITHER IN 3 ITA NO.2259/KOL/2018 SHRI ASHOKE KUMAR GHOSH A.YR. 2014-15 3 FORM NO. 35 OR IN FORM NO. 36 OF THE CASE FILE. I T HEREFORE FIND NO MERIT IN THE ASSESSEES SOLE SUBSTANTIVE GROUND. 5. THIS ASSESSEES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 22.03.2019 SD/- [ S.S.GODARA ] JUDICIAL MEMBER DATED : 22.03.2019 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. SHRI ASHOKE KUMAR GHOSH, 97/A, SOUTH SINTHEE ROA D, KOLKATA-700030 2. ITO, WARD-43(3), KOLKATA. 3..C.I.T(A).- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOL KATA BENCHES