SHRI RAMCHANDRA SONI, Shajapur V. THE ITO, Shajapur

ITA 243/IND/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 5654 (ITAT-INDORE)
• Duration Of Justice: 1 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-11-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 04-10-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 13-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MOHD JAVED
• Assessee Lawyers: NITIN GARUD
• Keywords: Loose papers
• Section: 143(3); 133A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE .., .., % BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND SHRI O.P. MEENA, ACCOUNTANT MEMBER SHRI RAMCHANDRA SONI, HATPURA ROAD, AGAR, DISTT. SHAJAPUR .. ./ PAN: AJVPS6840G VS. INCOME-TAX OFFICER, SHAJAPUR. / APPELLANT / RESPONDENT / APPELLANT BY SHRI NITIN GARUD, C. A. / RESPONDENT BY SHRI MOHD. JAVED, SR. DR DATE OF HEARING 04.10.2016 DATE OF PRONOUNCEMENT 07.11.2016 / O R D E R PER O.P. MEENA, ACCOUTANT MEMEBR. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF LD. COMMISSIONER OF INCOME-TAX (APPEALS), UJJAIN [H EREINAFTER .. . / I.T.A. NO.243/IND/2015 %' ' / ASSESSMENT YEAR: 2005-06 I.T.A.NO. 243/IND/2015-A.Y.2005-06 SHRI RAMCHANDRA SONI, SHAJAPUR PAGE 2 OF 5 REFERRED TO AS THE CIT(A)] DATED 27.01.2015 AND PER TAINS TO ASSESSMENT YEAR 2005-06 AS AGAINST APPEAL DECIDED I N ASSESSMENT ORDER PASSED U/S 143(3) OF THE ACT DATE D 14.11.2007 OF ITO, SHAJAPUR, [HEREINAFTER REFERRED TO AS THE AO]. 2. GROUND NO. 1 RELATES TO SUSTAINING THE ADDITION OF RS. 91,676/- MADE BY THE AO UNDER LOOSE PAPERS FOUND AT THE BUSINESS PREMISES OF THE ASSESSEE DURING THE COURSE OF SURVEY. 3. BRIEFLY STATED THE FACTS ARE THAT A SURVEY U/S 133A WAS CONDUCTED AT THE BUSINESS PREMISES OF THE ASSESS EE ON 27.02.2005, WHEREIN LOOSE PAPERS WERE FOUND, WHICH WERE INVENTORIZED FROM SERIAL NOS. 1 TO 41 AS ANNEXURE B S-5. THE LOOSE PAPER SERIAL NO. 3 38, 39 & 40 WERE SHOWING PU RCHASES AMOUNTING TO RS. 91,676/-. HOWEVER, THE ASSESSEE W AS NOT ABLE TO FILE COGENT EXPLANATION OF THE SAME AND SIM PLY STATED THAT THESE ARE NOT RELATED TO HIM. THEREFORE, THE S AME WERE ADDED BY THE AO. 4. BEFORE THE LD. CIT(A), IT WAS CLAIMED THAT THESE PAP ERS DO NOT BEAR THE DETAILS OF TRANSACTION AND CONTAINS ONLY I.T.A.NO. 243/IND/2015-A.Y.2005-06 SHRI RAMCHANDRA SONI, SHAJAPUR PAGE 3 OF 5 NUMERICAL VALUE . HOWEVER, THE LD. CIT(A) HAS CONF IRMED THE ADDITION BY OBSERVING THAT THE ASSESSEE FAILED TO D ISCHARGE THE ONUS CAST UPON HIM AND HIS EXPLANATION CANNOT BE AC CEPTED. THEREFORE, THE SAME WAS CONFIRMED. 5. BEFORE US, IT WAS CLAIMED THAT THE ASSESSEE HAS OFFE RED ADDITIONAL INCOME ON THIS ISSUE IN THE RETURN OF IN COME. THEREFORE, NO ADDITION SHOULD HAVE BEEN MADE. HOWEVE R, THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THI S AMOUNT DOES NOT FIGURE IN THE ADDITIONAL INCOME DECLARED B Y THE ASSESSEE FOR WHICH THE LD. AUTHORIZED REPRESENTATIVE OF THE ASSESSEE HAS NO EXPLANATION. IN VIEW OF THESE FACTS, WE ARE OF THE CONSIDERED ,OPINION THAT THE LOWER AUTHORITIES A RE JUSTIFIED IN MAKING THE ADDITION ON THIS ACCOUNT. THIS GROUND IS, THEREFORE, DISMISSED. 6. GROUND NO. 2 RELATES TO SUSTAINING THE ADDITION MAD E AT RS. 6,080/- MADE BY THE AO ON ACCOUNT OF DIFFERE NCE IN PURCHASE VALUE WITHOUT APPRECIATING THE CORRECT FACT S OF THE CASE. I.T.A.NO. 243/IND/2015-A.Y.2005-06 SHRI RAMCHANDRA SONI, SHAJAPUR PAGE 4 OF 5 7. NO EXPLANATION WAS FILED. ACCORDINGLY THIS GROUND IS DISMISSED. 8. GROUND NO. 3 RELATES TO SUSTAINING THE ADDITION ON ACCOUNT OF PERSONAL USE OF VEHICLE WITHOUT APPRECIAT ING THE CORRECTNESS OF EXPENSES DEBITED TO THE BOOKS OF ACC OUNTS. 9. THE ASSESSEE CHALLENGED THE ADDITION OF RS. 17,525/ - ON ACCOUNT OF VEHICLE EXPENSES. THE AO DISALLOWED T HE EXPENSES @ 25%, WHICH THE LD. CIT(A) RESTRICTED @ 10 % AND ADDITION OF RS. 7010/- WAS CONFIRMED. THE RELIEF OF RS. 10,515/- WAS GIVEN. 10. WE HAVE HEARD THE RIVAL SUBMISSIONS AND HAVE PERUSED THE MATERIAL AVAILABLE ON RECORD. THE PERSO NAL USE OF MOTOR CAR CANNOT BE RULED. WE UPHOLD THE ACTION OF THE LD. CIT(A). THIS GROUND IS ALSO DISMISSED. I.T.A.NO. 243/IND/2015-A.Y.2005-06 SHRI RAMCHANDRA SONI, SHAJAPUR PAGE 5 OF 5 11. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMIS SED. THE ORDER HAS BEEN PRONOUNCED IN OPEN COURT ON THE 7 TH NOVEMBER, 2016. SD/- (..) (D.T.GARASIA) JUDICIAL MEMBER SD/- (..) (O.P.MEENA) ACCOUNTANT MEMBER * / DATED : 7 TH NOVEMBER,2016. CPU*