Shri Janakbhai Sevantilal Bhojak, Ahmedabad V. The Income Tax Officer, Ward-1(3), Bhavnagar

ITA 250/AHD/2014

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 9125 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 22-02-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 24-01-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92; 250; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ITA NO.250/AHD/14 (ASSESSMENT YEAR: 2008-2009) JANAKBHAI SEVANTILAL BHOJAK PLOT NO.2062/C, KAILASH MANSAROVAR, NEAR DR. BALANI HOSPITAL, SANSKAR MANDAL, BHAVNAGAR APPELLANT VS. THE INCOME-TAX OFFICER, WARD-1(3), BHAVNAGAR RESPONDENT PAN: ACTPB8218J & ITA NO. 251/AHD/14 (ASSESSMENT YEAR: 2008-2009) KUNAL JANAKKUMAR BHOJAK PLOT NO.2062/C, KAILASH MANSAROVAR, NEAR DR. BALANI HOSPITAL, SANSKAR MANDAL, BHAVNAGAR APPELLANT VS. THE INCOME-TAX OFFICER, WARD-1(4), BHAVNAGAR RESPONDENT PAN: AKMPB8892R ITA NOS. 250 & 251/AHD/2014 (JANAKBHAI S. BHOJAK & KUNAL J. BHOJAK VS. ITO) A.Y. 2008-09 - 2 - /BY ASSESSEE : NONE /BY REVENUE : MR. DHARMVIR YADAV, SR. D.R. /DATE OF HEARING : 22.02.2017 /DATE OF PRONOUNCEMENT : 22.02.2017 ORDER PER S. S. GODARA, JUDICIAL MEMBER THESE TWO ASSESSEES HAVE FILED THEIR INSTANT SEPARA TE APPEALS FOR ASSESSMENT YEAR 2008-09 AGAINST CIT(A)-XX & CIT(A)- I, AHMEDABADS ORDER DATED 23.12.2013 & 13.12.2013 IN APPEAL NOS. CIT(A)-XX/541/10-11 & CIT(A)-I/WD.1(4)/BVN/119/2013-14, UPHOLDING ASSES SING OFFICERS ACTION MAKING SECTION 68 UNDISCLOSED INCOME ADDITIO NS OF RS.10.32 LACS AND RS.23,35,060/-LACS; RESPECTIVELY, IN PROCEEDINGS U/ S.143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. CASES CALLED TWICE. NONE APPEARS AT ASSESSEES BEHEST. CASE FILE REVEALS THAT WE HAD ADJOURNED THESE APPEALS FROM YE STERDAY FOR TODAYS HEARING ON LEARNED COUNSELS REQUEST. WE THEREFORE FIND NO REASON TO FURTHER POSTPONE HEARING OF THESE CASES ANY MORE. IT IS TH EREFORE CLEAR THAT THESE ASSESSEES ARE NOT INTERESTED IN PROSECUTING THEIR R ESPECTIVE APPEALS. WE ACCORDINGLY FOLLOW THIS TRIBUNALS DECISION IN MULT IPLAN (INDIA) PVT. LTD. 38 ITD 320 (DELHI) TO DISMISS THESE TWO APPEALS FOR NO N PROSECUTION. 3. ON MERITS AS WELL, WE FIND THAT THE THESE TWO AS SESSEES HAD MADE CASH DEPOSITS OF RS.10.32LACS AND RS.10,15,100/-; RESPEC TIVELY. FORMER ASSESSEE PLEADED THAT HIS SON I.E. THE LATTER ASSESSEE WAS S ALES EXECUTIVE WITH M/S. KOTAK MAHINDRA BANK. HE WAS STATED TO HAVE GOT INS URANCE POLICIES FOR HIS CLIENTS AFTER TAKING CASH SUMS FROM THEM FOLLOWED B Y CREDIT OF THESE AMOUNTS ITA NOS. 250 & 251/AHD/2014 (JANAKBHAI S. BHOJAK & KUNAL J. BHOJAK VS. ITO) A.Y. 2008-09 - 3 - IN THE RELEVANT BANK ACCOUNT WHICH WAS WITHDRAWN LA TER BY WAY OF DEMAND DRAFTS. THE LATTER ASSESSEE ADMITTEDLY COULD NOT E XPLAIN SOURCE OF THE SAID DEPOSITS AS PER ASSESSMENT ORDER DATED 31.12.2010. THIS MADE THE ASSESSING OFFICER TO INVOKE SECTION 68 OF THE ACT QUA THE TWO DEPOSITS IN QUESTION PERTAINING TO THESE ASSESSEES. THE CIT(A) CONFIRMS THE SAME. THE VERY FACTUAL POSITION CONTINUES HEREIN AS WELL THE ASSES SEES HAVE NOT FILED ANY EVIDENCE TO REBUT ABOVE STATED FINDINGS OF THE LOWE R APPELLATE AUTHORITIES. WE THUS SEE NO REASON AT THIS STAGE AS WELL TO INTERFE RE WITH WELL REASONED LOWER AUTHORITIES ORDERS UNDER CHALLENGE. WE ACCORDINGL Y CONFIRM SECTION 68 ADDITIONS IN BOTH THESE APPEALS ON MERITS AS WELL. 4. THESE TWO APPEALS ARE DISMISSED FOR NON PROSECUT ION AS WELL AS ON MERITS. [PRONOUNCED IN THE OPEN COURT ON THIS THE 22 ND DAY OF FEBRUARY, 2017.] SD/- SD/- ( PRADIP KUMAR KEDIA ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 22/02/2017 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 / GUARD FILE. BY ORDER / . // . /0