GUNEET SINGH WALIA, MUMBAI V. ACIT CEN CIR 24 & 26, MUMBAI

ITA 4500/MUM/2013

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 2100 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 04-11-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 05-06-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Gift
• Section: 68

Judgement Text

GUNEET SINGH WALIA ITA NO. 4500 /MUM/20 1 3 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G , MUMBAI , , BEFORE SHRI AMIT SHUKLA , JUDICIAL MEMBER AND SHRI RAMIT KOCHAR , ACCOUNTAN T MEMBER ITA NO. : 4 500 /MUM/20 1 3 ( ASSESSMENT YEAR: 200 9 - 1 0 ) GUNEET SINGH WALIA , DELPHI, 4 TH FLOOR, 73H, NARGIS DUTT ROAD, PALI HILL BANDRA (WEST), MUMBAI - 400 050 .: PAN: A A BP W 8244 M VS ASST COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE 24 & 2 6 , R. NO. 403, AAYAKAR BHAVAN, MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI RAJESH OJHA /DATE OF HEARING : 04 - 11 - 201 5 / DATE O F PRONOUNCEMENT : 30 - 11 - 201 5 ORDER , . . : PER AMIT SHUKLA, J M : THE AFORESAID APPEAL HA S BEEN FILED BY THE ASSESSEE AGAINST IMPUGNED ORDER DATED 31 .0 3 .2013 , PASSED BY CIT(A) - 39 , MUMBAI IN RELATION TO THE QUANTUM OF AS SESSMENT PASSED U/S 14 3(3) OF THE ACT FOR THE ASSESSMENT YEAR 200 9 - 1 0 . THE GROUND S RAISED BY THE ASSESSEE READS A S UNDER : - 1. THE LEARNED COMMISSIONER OF INCOME TAX (A) - 39, MUMBAI ERRED IN CONFIRMING SUM OF THE ADDITIONS MADE BY THE LD. AO, THE RETURNED INCOME OF RS. 72,038/ - . 2. THE LEARNED COMMISSIONER OF INCOME TAX (A) - 39, MUMBAI ERRED IN CONFIRMING THE ADDITION MADE BY THE LD. AO OF A SUM OF RS. 4,26,700/ - BEING GIFT RECEIVED BY THE APPELLANT U/S 68 OF INCOME TAX ACT, 1961. THE APPELLANT RESPECTFULL Y SUBMITS THAT THE DISALLOWANCE OF THIS SUM MAY KINDLY BE DELETED. 2. DESPITE SERVICE OF NOTICE THROUGH RPAD , NONE APPEARED ON BEHALF OF THE APPELLANT - ASSESSEE , NEITHER ANY ADJOURNMENT LETTER GUNEET SINGH WALIA ITA NO. 4500 /MUM/20 1 3 2 HAS BEEN FILED , HENCE, WE PROCEED TO DECIDE THE APPEAL EX - PART E ON MERITS AS PER THE MATERIAL AVAILABLE ON RECORD AND AFTER HEARING LD. DR. 3. ON THE ISSUE OF GIFT AS RAISED VIDE GROUND NO. 2, THE LD. CIT(A) HAS NOTED THAT THE ASSESSEE COULD NOT PRODUCE ANY CONFIRMATION OR BANK STATEMENT OF THE DONOR FOR RECEIVING OF THE GIFT IN FOREIGN CURRENCY FROM ONE, SHRI PERRY SINGH WALIA BEFORE THE AO. E VEN DURING THE COURSE OF FIRST APPELLATE PROCEEDINGS, NO DIRECT EVIDENCE S WERE FILED. ACCORDINGLY, THE ADDITION OF RS. 4,26,700/ - ON ACCOUNT OF GIFT HA S BEEN CONFIRMED BY HIM . 4. EVEN BEFORE US, IN ABSENCE OF ANY REBUTTAL FROM THE SIDE OF THE ASSESSEE BY WAY OF ANY EVIDENCE , SUCH A FINDING OF CIT(A) STANDS AFFIRMED AND GROUND NO. 2 S TANDS DISMISSED. 5. GROUND NO. 1 APPEARS TO BE GENERAL IN NATURE AND HENCE NO ADJUDICATIO N IS CALLED FOR , ACCORDINGLY , THE SAME IS DISMISSED. 6. IN THE RESULT, APPEAL OF THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH NOVEMBER , 2015. SD/ - SD/ - ( ) ( ) (RAMIT KOCHAR ) ( AMIT SHUKLA ) ACCOUNTANT MEMBER JUDICIAL M EMBER MUMBAI, DATE: 30 TH NOVEMBER , 2015 / COPY TO: - 1 ) / THE APPELLANT. 2 ) / THE RESPONDENT. 3) THE CIT (A) - 39 , MUMBAI. 4 ) THE CIT CENTRAL - II , MUMBAI. 5 ) , , / THE D.R. G BENCH, MUMBAI. GUNEET SINGH WALIA ITA NO. 4500 /MUM/20 1 3 3 6 ) \ COPY TO GUARD FILE. / BY ORDER / / TRUE COPY / / / , DY. / ASSTT. REGISTRAR I.T.A.T., MUMBAI * . . *CHAVAN, SR.PS