Shri Vijaybhai M.Vimawala, Surat V. The ACIT.,Cent.Circle-3, Surat

ITA 2371/AHD/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 0112 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-09-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2000-2001
• Appeal Filed On: 22-07-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHTRI HARDIK VORA
• Assessee Lawyers: K M MAHESH
• Keywords: Source of fund; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH AHMEDABAD (BEFORE S/SHRI BHAVNESH SAINI, JM AND D. C. AGRAWAL , AM) ITA NO.2371, 2372, 2373, 2374, 2375, 2376 AND 2377/ AHD/2010 A.Y.: 2000-01, 2001-02, 2002-03, 2003-04, 2004-05, 2005-06AND 2006-07 SHRI VIJAY M. VIMAWAL, 88, SOMESHWARA ENCLAVE, UDHNA MAGDHALLA ROAD, SURAT VS THE A. C. I. T., CENTRAL CIRCLE-3, AAYAKAR BHAVAN, MAJURA GATE, AHMEDABAD PA NO. ADTPV 4980 A (APPELLANT) (RESPONDENT) APPELLANT BY SHTRI HARDIK VORA, AR ASSESSEE BY SHRI K. M. MAHESH, DR O R D E R PER BHAVNESH SAINI: ALL THE APPEALS BY THE ASSESSEE ARE DIRECTED AGAINST COMMON ORDERS OF THE LEARNED CIT(A )-II, AHMEDABAD DATED 26-05-2010 FOR ASSESSMENT YEARS 2000-01 TO 20 06-07, CHALLENGING THE ADDITION OF RS.26,956/-, RS.43,740/-, RS.61,150 /-, RS.82,620/-, RS.75,360/-, RS.90,060/- AND RS.89,760/- RESPECTIVE LY IN ALL THE ASSESSMENT YEARS FOR LAW WITHDRAWAL FOR HOUSEHOLD E XPENSES. 2. WE HAVE HEARD LEARNED REPRESENTATIVES OF BOTH TH E PARTIES, PERUSED THE FINDINGS OF THE AUTHORITIES BELOW AND CONSIDERE D THE MATERIAL ON RECORD. 3. IN THE ORIGINAL ASSESSMENT PROCEEDINGS, THE AO E STIMATED THE HOUSEHOLD EXPENSES AND MADE THE ADDITION FOR LOW WI THDRAWALS FOR THE AMOUNT OF RS.72,000/-, RS.84,000/-, RS.96,000/-, RS .1,08,000/-, ITA NO. 2371, 2372, 2373, 2374, 2375, 2376 AND 2377 /AHD/2007 SHRI VIJAY M. VIMAWAL VS ACIT, CIR-3, SURAT 2 RS.1,20,000/-, RS.1,32,000/- AND RS.1,50,000/- FOR ALL THE ASSESSMENT YEARS UNDER APPEAL. THE ASSESSEE PREFERRED APPEAL B EFORE THE TRIBUNAL AND THE TRIBUNAL VIDE ORDER DATED 22-08-2008 HAS AL LOWED THE APPEALS OF THE ASSESSEE PARTLY AND BENEFIT TO THE EXTENT OF RE TURNED INCOME WAS GRANTED AND FOR THE BALANCE QUANTUM OF ADDITION, T HE MATTER WAS RESTORED BACK TO THE FILE OF THE AO WHICH IS NOW UN DER APPEAL AND THE AO HAS HELD THAT THE ASSESSEE HAS NOT PRODUCED THE EVI DENCE EXPLAINING THE SOURCE OF THE BALANCE AMOUNT AND CONFIRMED THE ABOV E ADDITIONS OF WHICH THE ABOVE APPEALS HAVE BEEN FILED. THE ADDITI ONS WERE CHALLENGED BEFORE THE LEARNED CIT(A) AND IT WAS SUBMITTED THAT THE ASSESSEE HAS SOLD THE LAND FOR RS.93,72,555/- IN ASSESSMENT YEAR 1999 -2000 AND SHOWN THE CAPITAL GAIN IN THE RETURN FILED FOR ASSESSMENT YEAR 1999-2000 DURING THE PROCEEDINGS U/S 153 C OF THE IT ACT. THE MONEY WAS AVAILABLE TO THE ASSESSEE. HENCE, NO ADDITION SHOULD BE MADE. THE LE ARNED CIT(A) DID NOT ACCEPT THE CONTENTION OF THE ASSESSEE BECAUSE THE A SSESSEE HAS NOT SHOWN SALE OF LAND IN THE ASSESSMENT YEAR 1999-2000 VOLUNTARILY AND THAT THE LATER ASSESSMENT YEARS, THE ASSESSEE HAS N OT SHOWN ANY AMOUNT AVAILABLE WITH HIM IN THE BALANCE SHEET FOR ANY OF THE ASSESSMENT YEAR. NO MONEY WAS FOUND TO BE DEPOSITED IN THE BANK ACCO UNT AND NO EVIDENCE WAS FILED OR PRODUCED THAT THE MONEY WAS A VAILABLE FOR HOUSEHOLD EXPENSES. THE LEARNED CIT(A) NOTED THAT I T IS BEST KNOWN TO THE ASSESSEE ONLY WHETHER HE SPENT ALL THE MONEY IN THAT YEAR ONLY OR INVESTED THE SAME IN SOME OTHER ASSETS NOT DISCLOSE D TO THE REVENUE DEPARTMENT IN THE LATER ASSESSMENT YEARS. IN THE AB SENCE OF ANY EVIDENCE AVAILABLE ON RECORD, THE LEARNED CIT(A) CONFIRMED A LL THE ABOVE ADDITIONS AND DISMISSED ALL THE APPEALS OF THE ASSESSEE. 4. ON CONSIDERATION OF THE RIVAL SUBMISSIONS WE ARE OF THE VIEW THAT NO INTERFERENCE IS CALLED FOR IN THE MATTER. THE AO IN THE SET ASIDE PROCEEDINGS HAS NOTED THAT THE ASSESSEE HAS NOT PRO DUCED ANY EVIDENCE SUCH AS BANK PASS BOOK OR OTHER EVIDENCE FROM WHERE HE HAS MADE THE ITA NO. 2371, 2372, 2373, 2374, 2375, 2376 AND 2377 /AHD/2007 SHRI VIJAY M. VIMAWAL VS ACIT, CIR-3, SURAT 3 HOUSEHOLD EXPENSES DURING THE YEAR. NO BANK PASS BO OK OF ENTRY OF RS.93,72,555/- WAS FILED. THE ASSESSEE HAS THUS FAI LED TO PROVE THAT HE HAS SPENT THE HOUSEHOLD EXPENSES FROM KNOWN SOURCES OF INCOME. SIMILAR WAS THE POSITION BEFORE THE LEARNED CIT(A) AS NO EVIDENCE IN SUPPORT OF THE CONTENTION WAS FILED. IN THE ABSENCE OF ANY EVIDENCE, THE LEARNED CIT(A) ALSO CONFIRMED THE ADDITIONS. THE LE ARNED COUNSEL FOR THE ASSESSEE MERELY REITERATED THE SUBMISSIONS MADE BEF ORE THE AUTHORITIES BELOW BUT WAS NOT ABLE TO SATISFY THAT THE AMOUNT O F RS.93,72,555/- WAS AVAILABLE TO THE ASSESSEE. THE WORKING OF THE CAPIT AL GAIN WOULD NOT SERVE ANY PURPOSE IN EARLIER YEAR BECAUSE THE ASSESSEE FA ILED TO EXPLAIN THE ISSUE BEFORE THE AUTHORITIES BELOW. ACCORDING TO TH E LEARNED COUNSEL FOR THE ASSESSEE, THE ASSESSEE IS A RETIRED PERSON AND IS NOT CARRYING ON ANY BUSINESS. THEREFORE, THERE WAS NO OBLIGATION TO MAI NTAIN BOOKS OF ACCOUNT. HE HAS SUBMITTED THAT THE INCOME SHOWN IN THE RETURN OF INCOME WAS AVAILABLE WITH THE ASSESSEE ALONG WITH T HE SALE PROCEEDS OF THE LAND FOR WHICH TELESCOPING BENEFIT SHOULD BE GI VEN TO THE ASSESSEE. THE TRIBUNAL, IN THE EARLIER ORDER HAS ALREADY GIVE N BENEFIT TO THE ASSESSEE BY REDUCING ADDITION BY THE RETURNED INCOM E. THEREFORE, NO FURTHER BENEFIT COULD BE GIVEN TO THE ASSESSEE. FOR THE REMAINING ADDITION, THE ASSESSEE HAS NOT PRODUCED ANY EVIDENC E OR SOURCES TO SPEND THE HOUSEHOLD EXPENSES. THEREFORE, ADDITION H AVE RIGHTLY BEEN CONFIRMED BY THE LEARNED CIT(A). IN THIS VIEW OF TH E MATTER, NO FURTHER TELESCOPING BENEFIT COULD BE GIVEN TO THE ASSESSEE. NO FURTHER EVIDENCE IS FILED BEFORE US ALSO TO SUBSTANTIATE THE CONTENTION RAISED BEFORE THE AUTHORITIES BELOW. THERE IS THUS NO MERIT IN ALL TH E APPEALS OF THE ASSESSEE. SAME ARE ACCORDINGLY DISMISSED. ITA NO. 2371, 2372, 2373, 2374, 2375, 2376 AND 2377 /AHD/2007 SHRI VIJAY M. VIMAWAL VS ACIT, CIR-3, SURAT 4 5. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE A RE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1-09-2010 SD/- SD/- (D. C. AGRAWAL) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER DATE : 1-09-2010 LAKSHMIKANT/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER DY. REGISTRAR, ITAT, AHMEDABAD