Debendra Kumar Bal, Bhubaneswar V. ITO, Bhubaneswar

ITA 27/CTK/2015

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 7257 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 11 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 11-01-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 14-01-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Business income

Judgement Text

2 ITA NO.27/CTK/2015 ASSESSMENT YEAR :2005 - 06 ASSESSEE FILED THE RETURN OF INCOME ON 20.2.2006 SHOWING TOTAL INCOME OF RS.98,480/ - , WHICH WAS PROCESSED U/S.143 (1) OF THE ACT. THEREAFTER, THE CASE WAS REOPENED U/S.147 BY ISSUE OF NOTICE U/S.148 DATED 26.8.2009. THERE WAS NO COMPLIANCE BY THE ASSESSEE TO THE NOTICE U/S.148. SUBSEQUENTLY, NOTICE U/S.142(1) WAS ISSUED ON 17.9.2010 ALONGWITH QUESTIONNAIRE SEEKING PRODUCTION OF BOOKS OF ACCOUNT AND OTHER DOCUMENT AND SERVED ON THE ASSESSEE FIXING THE CASE FOR HE A RING ON 21.10.2010. AGAIN THERE WAS NO COMPLIANCE BY THE ASSESSEE. ON 26/30/11/2010, A LETTER GIVING FINAL OPPORTUNITY OF HEARING ON 6.12.2010 WAS ISSUED TO THE ASSESSEE. IN RESPONSE TO THIS LETTER, THE ASSESSEE APPEARED WITH A TIME PETITION SEEKING 90 DAYS OF TIME TO APPEAR. HE WAS INTIMATED THAT THIS WAS A TIME BARRING CASE AND IS TO BE COMPLETED BY 31.12.2010 AND THEREFORE, HE SHOULD APPEAR/PRODUCE THE DOCUMENTS CALLED FOR IN THE NOTICE U/S.142(1) VIDE LETTER DATED 9.12.2010 . H E WAS GIVEN FINAL OPPORTUNITY TO PRODUCE THE DOCUMENTS/EVIDENCES BUT THERE WAS NO RESPONSE. ON 16.12.2010, A LETTER WAS ISSUED TO THE ASSESSEE REQUIRING HIM TO SHOW CAUSE AS TO WHY THE CASH DEPOSIT OF RS.14,11,990/ - IN IDBI, BHUBANESWAR IN HIS SAVING BANK ACCOUNT SHOULD NOT BE TREATED AS HIS UNEXPLAINED INCOME AND ADDED BACK TO THIS TOTAL INCOME. STILL THERE WAS NO RESPONSE BY THE ASSESSEE. ACCORDINGLY, ASSESSMENT WAS MADE U/S.14 4 OF THE I.T.ACT. ON 30.12.2010 ADDING RS.14,11,990/ - AS UNEXPLAINED INCOME OF THE ASSESSEE AND TOTAL INCOME WAS DETERMINED AT RS.15,10,470/ - . 4 ITA NO.27/CTK/2015 ASSESSMENT YEAR :2005 - 06 IN SB ACCOUNT MAINTAINED WITH IDBI BANK WAS OUT OF RECEIPTS FROM TRANSPORTATION BUSINESS OF THE ASSESSEE AND, THEREFORE, THE ENTIRE AMOUNT CANNOT BE TREATED AS INCOME OF THE ASSESSEE. HE SUBMITTED THAT THE ASSESSEE HAS DISCLOSED INCOME OF RS.98,480/ - AS INCOME FROM TRANSPORTATION RECEIPTS DEPOSITED IN THE BANK ACCOUNT BY THE ASSESSEE. HENCE, HE PRAYED THAT THE ADDITION SH OULD BE DELETED. 7. ON THE OTHER HAND, LD D.R. SUPPORTED THE ORDERS OF LOWER AUTHORITIES. 8. ON A QUERY BY THE BENCH THAT WHAT IS THE EVIDENCE TO SHOW THAT THE CASH DEPOSIT OF RS.14,11,990/ - MADE IN SB ACCOUNT WITH IDBI BANK DURING THE YEAR UNDER APPEAL AR E THE PROCEEDS FROM BUSINESS OF TRANSPORTATION OF THE ASSESSEE, LD A.R. OF THE ASSESSEE EXPRESSED HIS INABILITY TO FILE ANY EVIDENCE TO SHOW THAT RS.14,11,990/ - ARE THE BUSINESS RECEIPTS OF THE ASSESSEE OUT OF TRANSPORTATION BUSINESS. I FIND FROM THE ORDE RS OF THE LOWER AUTHORITIES THAT THE ADDITION HAS BEEN MADE ON THE GROUND THAT NO EVIDENCE COULD BE PRODUCED IN SUPPORT OF THE CLAIM THAT CASH DEPOSITS WERE MADE OUT OF TRANSPORTATION BUSINESS RECEIPTS OF THE ASSESSEE IN SB ACCOUNT WITH IDBI BANK. AS NO S UCH EVIDENCE HAS BEEN PRODUCED BEFORE ME, I DO NOT FIND ANY GOOD AND JUSTIFIABLE REASON TO INTERFERE WITH THE ORDER OF LD CIT(A), WHICH IS HEREBY CONFIRMED AND GROUND OF APPEAL OF THE ASSESSEE IS DISMISSED.