LATE SHRI VINAYAK PADHMBNABH PAI, MUMBAI V. ITO 19(1)(2), MUMBAI

ITA 3051/MUM/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 84275 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2014
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 02-05-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: RAVI DASIJA SHRI NEI

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI . . , BEFORE SHRI I.P. BANSAL, JM ./ I.T.A. NO.3051/MUM/2014 ( / ASSESSMENT YEAR : 2005-06 LATE SHRI VINAYAK PADHMBNABH PAI (BY HIS LEAL HEIR MR. MAYA V. PAI) 143 C BLOCK NO.1, OLD CST ROAD, KALINA, SANTACRUZ (E), MUMBAI 400029 / VS. THE ITO 19(1)-2, 3 RD FLOOR, PIRAMAL CHAMBERS, LALBAUG, MUMBAI 400 012. ! ./ '# ./ PAN/GIR NO. : AANPP9237F ( $ / APPELLANT ) .. ( %& $ / RESPONDENT ) APPELLANT BY S/ SHRI KIRAN MEHTA & RAVI DASIJA RESPONDENT BY SHRI NEIL PHILIP ' ()! / DATE OF HEARING : 24/11/2014 *+ ' ()! / DATE OF PRONOUNCEMENT : 24/11/2014 , / O R D E R THIS IS AN APPEAL FILED BY THE ASSESSEE AND IT IS DIRECTED AGAINST ORDER PASSED BY LD. CIT(A)-22, MUMBAI DATED 19/02/2014 FO R ASSESSMENT YEAR 2005- 06. 2. THE SOLE GRIEVANCE OF THE ASSESSEE EXPRESSED DUR ING THE COURSE OF HEARING IS AGAINST SUSTENANCE OF ADDITION ON UNEXPLAINED EX PENDITURE INCURRED IN RESPECT OF CREDIT CARD PAYMENT. LD. AR RESTRICTED THE GRIE VANCE OF THE ASSESSEE ONLY TO THE PAYMENTS MADE THROUGH BHARAT CO-OPERATIVE BANK, WHICH FOR THE SAKE OF CONVENIENCE ARE CALLED AS APPORTIONED PAYMENTS MA DE IN RESPECT OF CREDIT CARD THROUGH THE SAID BANK AND FOR THIS PURPOSE LD. AR HAS FILED DETAILS IN A LIST ATTACHED WITH PAPER BOOK. LD. AR SUBMITTED THAT T HIS VERY GRIEVANCE WAS ALSO ./ I.T.A. NO.3051/MUM/2014 ( / ASSESSMENT YEAR : 2005-06 2 EXPRESSED BY THE ASSESSEE BEFORE LD. CIT(A) VIDE SU BMISSIONS DATED 14/09/2013 WHICH ARE RECORDED BY LD. CIT(A) IN PARA 2.7 OF THE IMPUGNED ORDER. FOR THE SAKE OF CLARITY OF FACTS THE SAME IS REPRODUCED BELOW: 2.7 THE AR IN ITS SUBMISSION DATED 14.09.2013 HAD MENTIONED THAT APPORTIONMENT PAYMENT OF RS. 1,40,177/- CANNOT BE ADDED U/S. 69C, SINCE HAVE BEEN MADE THROUGH OTHER CREDIT CARDS OR THROUGH CASH WITHDRAW N AGAINST THE SAME CREDIT CARD OR CREDIT BALANCE ROLLED OVER. IT WAS HIS CONTENTIO N THAT THE SOURCES ARE EXPLAINED HENCE, NO ADDITION CAN BE MADE. THE AR HAD ALSO TRI ED TO TALLY THE PAYMENTS MADE THROUGH STATE BANK OF HYDERABAD AND BHARAT CO-OPERA TIVE BANK AMOUNTING TO RS.43,127/- AND RS.97,054/- TO EXPLAIN THE APPORTIO NED PAYMENT. IN THE ABSENCE OF THE STATEMENT OF ACCOUNTS FROM THE RELEVANT BANKS A ND AS THERE WAS NO SPECIFIC MENTION IN THE CREDIT CAR STATEMENT THAT THE PAYMEN TS HAVE BEEN RECEIVED FROM THE STATE BANK OF HYDERABAD OR BHARAT CO-OPERATIVE BANK , I DO NOT AGREE WITH THIS CONTENTION OF THE APPELLANT. IN VIEW OF THE ABOVE D ISCUSSION, THE ADDITION MADE TO THE EXTENT OF RS.2,41,567 (RS.3,33,663 - RS.92,096 ) IS HEREBY CONFIRMED. THE GROUND OF APPEAL IS PARTLY ALLOWED. 2.2 LD. AR FURTHER SUBMITTED THAT SO FAR AS IT RELA TES TO PAYMENT MADE THROUGH STATE BANK OF HYDERABAD THE AO HIMSELF HAS GRANTED THE RELIEF SO THE GRIEVANCE OF THE ASSESSEE DOES NOT SURVIVE TO THAT EXTENT AND THE ONLY GRIEVANCE OF THE ASSESSEE IN THE PRESENT APPEAL IS AGAINST NON-DELET ION OF AMOUNTS PAID THROUGH BHARAT CO-OPERATIVE BANK AND THE AMOUNT IN AGITATIO N WOULD BE A SUM OF RS.88,200/-. IT WAS SUBMITTED THAT THE MATTER MAY BE RESTORED BACK TO THE FILE OF AO FOR PROPER VERIFICATION OF THIS CLAIM OF TH E ASSESSEE AND AO MAY BE DIRECTED TO ALLOW SUCH RELIEF AFTER VERIFICATION. 3. ON THE OTHER HAND, LD. DR RELIED UPON THE ORDER PASSED BY LD. CIT(A). 4. I HAVE HEARD BOTH THE PARTIES AND THEIR CONTENTI ONS HAVE CAREFULLY BEEN CONSIDERED. THOUGH THE GROUNDS OF APPEAL FILED BY THE ASSESSEE ARE LENGTHY AND NARRATIVE BUT AT THE TIME OF HEARING LD. AR HAS RE STRICTED THE GRIEVANCE OF THE ASSESSEE TO A SUM OF RS.88,200/- I.E. ONLY WITH RE SPECT TO PAYMENT OF CREDIT CARD MADE THROUGH BHARAT CO-OPERATIVE BANK. LD. CI T(A) HAS UPHELD THE DISALLOWANCE ONLY ON THE GROUND THAT THERE IS NO S PECIFIC MENTION IN THE CREDIT CARD STATEMENT THAT THE PAYMENTS HAVE BEEN RECEIVED FROM BHARAT CO-OPERATIVE BANK. IN VIEW OF THE DETAILS FILED BY THE ASSESSEE IN THE PAPER BOOK, I AM OF THE OPINION THAT IT WOULD MEET THE INTEREST OF JUSTICE IF THE ABOVE CLAIM OF THE ASSESSEE WITH REGARD TO PAYMENTS MADE THROUGH BHARA T CO-OPERATIVE BANK ./ I.T.A. NO.3051/MUM/2014 ( / ASSESSMENT YEAR : 2005-06 3 ACCOUNT IS ACCEPTED AND RESTORE BACK TO THE FILE O F AO FOR NECESSARY VERIFICATION. AFTER CONDUCTING SUCH VERIFICATION THE AO SHALL ALL OW APPROPRIATE RELIEF ADMISSIBLE AS PER LAW. I DIRECT ACCORDINGLY. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS CONSIDERED TO BE PARTLY ALLOWED FOR STATISTICAL PURPOSES IN THE MANNER AFOR ESAID. SD/- . . (I.P.BANSAL) /JUDICIAL MEMBER MUMBAI; - DATED 24/11/2014 , , , , ' '' ' %(. %(. %(. %(. /.( /.( /.( /.( / COPY OF THE ORDER FORWARDED TO : 1. $ / THE APPELLANT 2. %& $ / THE RESPONDENT. 3. 0 ( ) / THE CIT(A)- 4. 0 / CIT 5. .12 %( , , / DR, ITAT, MUMBAI 6. 23 4 / GUARD FILE. , , , , / BY ORDER, &.( %( //TRUE COPY// 5 55 5 / 6 6 6 6 ' ' ' ' (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI . . .VM , SR. PS