DHEERAJ GOYAL, Kota V. ITO, Kota

ITA 439/JPR/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 1897 (ITAT-JAIPUR)
• Duration Of Justice: 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-11-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 26-05-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: POONAM ROY DCIT DHK
• Assessee Lawyers: SAURABH HARSHADV
• Keywords: Unexplained cash credit
• Section: 68

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH HKKXPAN] YS[KK LNL; ] DS LE{K BEFORE: SHRI BHAGCHAND, ACCOUNTANT MEMBER VK;DJ VIHY LA-@ ITA NO. 439/JP/2017 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2012-13 DHEERAJ GOYAL, MAINA MANSION, A-27, VALLABH NAGAR, KOTA. CUKE VS. INCOME TAX OFFICER, WARD 1(1), KOTA. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AGYPG 1854 C VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI SAURABH HARSH(ADV) JKTLO DH VKSJ LS@ REVENUE BY : SMT. POONAM ROY (DCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 22/11/2017 MN?KKS'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 23/11/2017 VKNS'K@ ORDER PER: BHAGCHAND, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE EMANATES F ROM THE ORDER OF THE LD. CIT(A),KOTA DATED 16/03/2017 FOR THE A.Y. 2 012-13. THE ONLY ISSUE INVOLVED IN THE APPEAL IS SUSTAINING THE ADDITION O F RS. 2,85,000/- ON ACCOUNT OF UNEXPLAINED CASH CREDIT U/S 68 OF THE IN COME TAX ACT, 1961 (IN SHORT THE ACT). 2. THE ASSESSEE DERIVES INCOME FROM DEALER OF VARIOU S KINDS OF AGRICULTURAL PRODUCE, GENERAL KIRANA ITEMS AND SERV ICE PROVIDER OF HDFC ITA 439/JP/2017_ DHEERAJ GOYAL VS. ITO 2 BANK. DURING THE YEAR UNDER CONSIDERATION, THE ASSE SSEE HAS SHOWN RECEIPT OF RS. 85,000/- FROM SMT. ASHA JAIN AND RS. 2,00,000/- FROM SHRI RAJU. THE ASSESSING OFFICER OBSERVED THAT THE INFOR MATION SUBMITTED REGARDING THE LENDERS WAS NOT SUFFICIENT, THEREFORE, THE ASSESSEE WAS NOT ABLE TO DISCHARGE THE ONUS CASTED UPON HIM TO ESTAB LISH THE IDENTITY OF THE PERSONS, CREDITWORTHINESS AND GENUINENESS OF THE TRA NSACTIONS. IT WAS ALSO NOTED BY THE A.O. THAT SOME UNVERIFIABLE INFOR MATION WAS FILED IN THE CASE OF SHRI RAJU RATHORE AND A LEDGER IN THE NAME OF RAJU KELWARA WAS SHOWN AS CONFIRMATION. THE ASSESSING OFFICER OBSERVED THE VERACITY AND CAPACITY OF THE LENDER REMAINED DOUBTFUL. 3. THE LD. CIT(A) HAS CONFIRMED THE ACTION OF THE ASS ESSING OFFICER BY HOLDING THAT THE APPELLANT HAS NOT FULLY DISCHARGED HIS INITIAL BURDEN OF PROVING THE GENUINENESS OF THE CREDITS. 4. NOW THE ASSESSEE IS IN APPEAL BEFORE THE ITAT. WHI LE PLEADING ON BEHALF OF THE ASSESSEE, THE LD AR HAS SUBMITTED THA T CONFIRMATION FROM SHRI RAJU ALONGWITH PAN BUT THE AUTHORITIES BELOW HAS NOT CONSIDERED THE SAME. HE ALSO SUBMITTED THAT SMT. ASHA JAIN IS ABSC ONDING WITH HER HUSBAND AND OTHER FAMILY MEMBERS IN BAPAWAR CASE, WHE REIN THE ASSESSEE HAS ALSO BEEN FALSELY IMPLICATED BY POLICE INVESTIGATION TEAM WITHOUT THERE BEING ANY EVIDENCE WHATSOEVER. THEREFORE , THE PAN OF SMT. ASHA JAIN COULD NOT BE FILED. LD. AR FURTHER SUBMIT TED THAT THE ITA 439/JP/2017_ DHEERAJ GOYAL VS. ITO 3 CONFIRMATION OF SHRI RAJU RATHORE WAS FURNISHED TO T HE ASSESSING OFFICER ALONGWITH PAN. HE ALSO PLEADED THAT M/S SETH ML GOYA L & SONS IS PROPRIETORY CONCERN OF DHEERAJ GOYAL, WHICH IS EVIDE NT FROM THE SUBMISSIONS MADE BEFORE THE LD. CIT(A) WHEREIN IT H AS BEEN CLEARLY MENTIONED THAT M/S SETH ML GOYAL & SONS IS PROPRIET ORY CONCERN OF DHEERAJ GOYAL. 5. ON THE OTHER HAND, THE LD DR HAS RELIED ON THE O RDERS OF THE AUTHORITIES BELOW. 6. I HAVE HEARD BOTH THE SIDES ON THIS ISSUE. THE AS SESSEE HAS SUBMITTED COPY OF LEDGER ACCOUNT OF SHRI RAJU KELWAR A IN THE BOOKS OF M/S SETH ML GOYAL & SONS (KALWARA BRANCH), WHICH IS A BRA NCH OF PROPRIETORY CONCERN OF DHEERAJ GOYAL (ASSESSEE), WHEREIN THE CR EDIT HAS BEEN SHOWN FROM G.R.K. FEEDS THROUGH THE JOURNAL ENTRY WHICH HA S BEEN ALSO TRANSFERRED THROUGH JOURNAL TO M/S SETH M.L. GOYAL & SONS (H.O.) (EVIDENT FROM PAGE NO. 5.) IN THE HEAD OF LEDGER ACCOUNT, T HIS AMOUNT HAS BEEN CREDITED IN THE NAME OF RAJU KALWARA AND PAYMENTS HA VE BEEN MADE THROUGH HDFC BANK ACCOUNT NO. 1672640000175 BY CHEQ UE NO. 0222217 ON 03/9/2011. THUS THE ACCOUNT WAS SQUIRED UP DURING THE RELEVANT FINANCIAL YEAR. THE PAN NUMBER GIVEN IN CONFIRMATION IS BEHPR 8841A. MR. RAJU RATHORE HAS CONFIRMED THAT HE HAD RECEIVED THE AMOUNT BACK ON 03/9/2011. THE REVENUE AUTHORITIES HAVE NOT UNDERST OOD THE ENTRIES IN ITA 439/JP/2017_ DHEERAJ GOYAL VS. ITO 4 RIGHT PERSPECTIVE. THEREFORE, CONSIDERING ALL THESE ASPECTS, I AM OF THE VIEW THAT THE ASSESSEE WAS ABLE TO DISCHARGE THE ONUS WITH REGARD TO THIS AMOUNT. HOWEVER, THE ASSESSEE HAS NOT SUBMITTED ANY DOCUMENT IN SUPPORT OF CREDIT OF RS. 85,000/- IN THE NAME OF SM T. ASHA JAIN, THEREFORE, THE ADDITION IS SUSTAINED TO THAT EXTENT. THE ASSES SEE GETS RELIEF OF RS. 2,00,000/-. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 23/11/2017. SD/- HKKXPAN (BHAGCHAND) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 23 RD NOVEMBER, 2017 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- SHRI DHEERAJ GOYAL, KOTA. 2. IZR;FKHZ @ THE RESPONDENT- THE ITO, WARD 1(1), KOTA. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 439/JP/2017) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR