Vijaybhai Popatbhai Kapuria, Rajkot V. Income Tax Officer, Ward-2(2)(3), Rajkot

ITA 395/RJT/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0781 (ITAT-RAJKOT)
• Duration Of Justice: 4 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 13-11-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरणआयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, राजकोट 瀈यायपीठ 瀈यायपीठ瀈यायपीठ 瀈यायपीठ, , , , राजकोट IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (Conducted Through Virtual Court) ] ] BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND T.R. SENTHIL KUMAR, JUDICIAL MEMBER ITA No.395/RJT/2017 Asst. Year : 2013-2014 Shri Vijaybhai Popatbhai Kapuria ‘Chitrakut’ 4 Karan Park Opp: Vidyut Nagar Society Rajkot. Vs ITO, Ward-2(2)(3) Rajkot. अपीलाथ / (Appellant) यथ / (Respondent) Assessee by : None Revenue by : Shri B.D. Gupta, Sr.DR स ु नवाई क तार ख/Date of Hearing : 23/05/2022 घोषणा क तार ख /Date of Pronouncement: 30/05/2022 आदेश/O R D E R PER T.R. SENTHIL KUMAR, JUDICIAL MEMBER: This appeal is filed by the assessee against order dated 24.8.2017 passed by the ld.CIT(A)-2, Rajkot arising out of order of the Assessing Officer passed under section 143(3) Income Tax Act, 1961 ("the Act" for short) relating to the Asstt.Year 2011-12. 2. Brief facts of the case is that the assessee is an individual and a salaried person. For the Asst.Year 2011-12, the assessee filed his return of income declaring total income at Rs.3,54,500/- on 5.3.2014. The case was selected for scrutiny assessment and notices were being issued on the assessee. During the course of assessment the assessee was found to be deposited cash of Rs.36.82 lakhs in his saving bank account held with Oriental Bank of Commerce during the financial year 2012-13. The assessee was ITA No.395/RJT/2017 2 requested to explain the cash deposits. On verification of the cash deposits, it is seen that the assessee has credited cash of Rs.4,15,000/- on account of sale of motor car to one Shri Prakasbhai on 15.2.2013. The assessee was requested to explain the same. It was explained by the assessee that Shri Prakasbhai was a car broker and he sold old car to him and did not have any further information of the transaction. The assessee has not submitted any details about the car and its registration details. In the absence of the same, the AO added the amount of Rs.4,15,000/- to the income of the assessee. Similarly, the assessee claimed that a loan of Rs.1,00,000/- given to Shri Rameshbhai was received back in cash. This loan transaction also could not be proved during the assessment proceedings, and therefore, the AO added the same to the income of the assessee. Thus, the AO made the above two additions and determined total income at Rs.10,05,120/- and demanded tax thereon. 3. Aggrieved against the same, the assessee filed appeal before the ld.CIT(A). The ld.CIT(A) has observed that the assessee claimed Rs.4,15,000/- as sale consideration on sale of old car. Despite ample opportunity given by the AO, the assessee has not produced any evidence as to the date of sale, details of buyer, and the actual consideration received etc. Further the assessee has not produced any evidence that the car belonged to him, and from whom the payment was received. In the absence of satisfaction explanation, the contention of the assessee are not tenable, hence this ground of the appeal of the assessee was rejected. Similar is the situation in respect of loan amount of received back of Rs.1.00 lakhs, which was intended to be given for purchase of car. No confirmation from the said Shri Rameshbhai has been produced. It is not known whether ITA No.395/RJT/2017 3 Shri Rameshbhai at any stage sold the car, and whether there was any agreement for purchase of car from Rameshbhai. The contentions of the assessee are without any iota of evidence, and therefore the explanation of the assessee was not tenable, and additions made by the AO are to be sustained. Thus, ld.CIT(A) dismissed the appeal filed by the assessee. 4. Aggrieved against the order of the ld.CIT(A), the assessee is now before the Tribunal raising the following ground. 1. The Leaned CIT(A)-2, Rajkot erred in law and not justified in confirming addition on account sale of car in cash of Rs. 4,15,000/- made by the assessing officer on the facts and circumstances of the case. 2. The Leaned CIT(A)-2, Rajkot erred in law and not justified in confirming addition on account of excess cash of opening balance which received back in earlier year from Shri Rameshbhai of Rs. 1,00,000/- made by the assessing officer on the facts and circumstances of the case.” 5. Today is 14 th hearing of the above appeal. Notice has been sent to the assessee by RPAD, and the acknowledgment has been placed on record. However, none appeared on behalf of the assessee. Perusal of the record shows that none appeared on behalf of the assessee for the past eight hearings. This fact shows that the assessee is not serious to pursue the matter further. Therefore, with the assistance of the ld.DR, we proceed to dispose of the appeal of the assessee ex parte. 6. The ld.DR submitted that there was no relevant material placed either before the lower authorities or before Tribunal to substantiate the claim of the assessee. Therefore, the additions made by the AO are justified and to be sustained on both the counts. ITA No.395/RJT/2017 4 7. We have given our thoughtful consideration to the facts of the case and perused the material available on record. The assessee could not produce any details before the lower authorities as well as before this Tribunal. In the absence of any documents, we cannot find fault in the order passed by the lower authorities. Therefore, the grounds raised by the assessee are hereby rejected. 8. In the result, appeal of the assessee is dismissed. Order pronounced in the Court on 30 th May, 2022 at Ahmedabad. Sd/- Sd/- (WASEEM AHMED) ACCOUNTANT MEMBER (T.R. SENTHIL KUMAR) JUDICIAL MEMBER Ahmedabad, dated 30/05/2022 vk*