SABINA JAFAR ALI SAYED, MUMBAI V. ITO 19(1)(4), MUMBAI

ITA 4397/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1631 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 5 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 07-11-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 31-05-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AKHILENDRA YADAV
• Keywords: Corroborative evidences
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AN D SHRI C.N. PRASAD, JUDICIAL MEMBER ITA NO.4397/M/2013 ASSESSMENT YEAR: 2009-10 SMT. SABINA JAFAR ALI SAYED, FLAT NO.501, BABLU BIJU APT., CORPORATION BANK, KALINA SANTACRUZ (E), MUMBAI 400 023 PAN: AWHPS 1181R VS. I.T.O. WARD 19(1)(4), MUMBAI (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : NONE REVENUE BY : SHRI AKHILENDRA YADAV, D.R. DATE OF HEARING : 07.11.2016 DATE OF PRONOUNCEMENT : 30.11.2016 O R D E R PER C.N. PRASAD, JUDICIAL MEMBER: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-30, MUMBAI [(H EREINAFTER REFERRED TO AS THE CIT(A)] DATED 07.03.2013 FOR THE ASSESSMENT YEAR 2009-10 ARISING OUT OF THE ASSESSMENT ORDER PASSED UNDER SECTION 143(3) RE AD OF THE ACT. 2. IN THE APPEAL, THE ASSESSEE IS CHALLENGING THE O RDER OF THE LD. CIT(A) IN CONFIRMING THE ADDITION OF RS.25,20,000/- ON ACCOUN T OF UNEXPLAINED CASH DEPOSITS INTO BANK ACCOUNT. IN SPITE OF ISSUE OF S EVERAL NOTICES TO THE ASSESSEE NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJ OURNMENT PETITION HAS BEEN FILED. AS SEVERAL OPPORTUNITIES WERE GIVEN TO THE ASSESSEE BUT NO ONE APPEARED ON BEHALF OF THE ASSESSEE, THE APPEAL IS DISPOSED O F ON HEARING THE LD. D.R. ON MERITS. ITA NO.4397/M/2013 SMT. SABINA JAFAR ALI SAYED 2 3. THE LD. D.R. SUBMITS THAT AS PER AIR INFORMATION IT CAME TO LIGHT THAT THE ASSESSEE HAS DEPOSITED CASH AMOUNTING TO RS.25, 20,000/- IN SAVINGS BANK ACCOUNT IN CORPORATION BANK, WAJID HOUSE, SANTACRUZ (E). THE LD. D.R. SUBMITS THAT THE ASSESSING OFFICER OBTAINED A BANK STATEMENT FROM THE BANK FOR THE PERIOD FROM 01.04.2008 TO 31.03.2009 AND FURTHE R NOTICED THAT THE ASSESSEE HAS NOT SHOWN THIS BANK ACCOUNT IN HER RETURN OF IN COME. IN THE COURSE OF ASSESSMENT PROCEEDINGS ASSESSEE WAS REQUIRED TO EXP LAIN THE SOURCE OF CASH DEPOSITS ALONG WITH SUPPORTING EVIDENCES BUT NOBODY APPEARED AND NO DETAILS HAVE BEEN FURNISHED BEFORE THE ASSESSING OFFICER. THE LD. D.R. SUBMITS THAT IN THE ABSENCE OF ANY EXPLANATION OR INFORMATION CO MING FORTH FROM THE ASSESSEE, ASSESSING OFFICER ADDED THE SAID CASH DEP OSITS OF RS.25,20,000/- ALONG WITH INTEREST AMOUNTING TO RS.25,40,313/- TO THE INCOME OF THE ASSESSEE. 4. THE LD. D.R. SUBMITS THAT ON APPEAL, THE LD. CIT (A) CONFIRMED THE ADDITION OBSERVING THAT ASSESSEE IS NOT IN A POSITI ON TO EXPLAIN THE CASH DEPOSITS IN THE BANK ACCOUNT. THE LD. D.R. SUBMITS THAT LD. CIT(A) ALSO REJECTED THE EXPLANATION OF THE ASSESSEE THAT THE CASH DEPOSITS WERE MADE INTO HER ACCOUNT WITH SALE PROCEEDS OF AGRICULTURAL LAND IS ALSO NOT CORRECT. THE LD. D.R. SUBMITS THAT THE LD. CIT(A) OBSERVED THAT THE AGREE MENT ENTERED INTO BY THE ASSESSEE IS ONLY AGREEMENT TO SELL AGRICULTURAL LAN D AND IT IS IMPROBABLE THAT THE ASSESSEE MIGHT HAVE RECEIVED SUCH A HUGE AMOUNT AT THE TIME OF ENTERING INTO AGREEMENT FOR SALE OF AGRICULTURAL LAND, AS NORMALL Y WHILE ENTERING INTO SALE AGREEMENT A TOKEN OF ADVANCE ONLY WILL BE GIVEN. T HE LD. D.R. FURTHER SUBMITS THAT IT WAS ALSO THE OBSERVATION OF THE LD. CIT(A) THAT THE ASSESSEE HAS KEPT SUCH HUGE AMOUNT WITH HER EVEN AFTER FIVE MONT HS FROM THE DATE OF TRANSACTION AND DEPOSITED ONLY IN THE MONTH OF JUNE 2009 WHEN THE AGREEMENT TOOK PLACE IN AUGUST 2008. THE LD. D.R. SUBMITS TH AT THE LD. CIT(A) ON ANALYZING ALL THESE FACTS CONCLUDED THAT THE EXPLAN ATION GIVEN BY THE ASSESSEE IS NOT GENUINE. THEREFORE THE LD. D.R. SUBMITS THAT T HE ORDER OF THE LD. CIT(A) BE CONFIRMED. ITA NO.4397/M/2013 SMT. SABINA JAFAR ALI SAYED 3 5. WE HAVE HEARD THE LD. D.R. AND PERUSED THE ORDER S OF THE AUTHORITIES BELOW. IN SPITE OF SEVERAL NOTICES ISSUED NONE APP EARED ON BEHALF OF THE ASSESSEE. THE SUBMISSIONS OF THE LD. D.R. AND THE AVERMENTS OF THE LD. CIT(A) HAVE NOT BEEN CONTROVERTED BY THE ASSESSEE. IN THE CIRCUMSTANCES, WE UPHELD THE ORDER OF THE LD. CIT(A) AND REJECT THE G ROUNDS OF ASSESSEE. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 30.11.2016. SD/- SD/- (D. KARUNAKARA RAO) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 30.11.2016. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.