SUKHRAJ H BAFNA, MUMBAI V. ITO 16(2)(4),

ITA 4840/MUM/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100542 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 22-07-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Onus to prove
• Section: 68

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE S/SHRI B.R.BASKARAN ,AM AND LALIT KUMAR, JM ./ I.T.A. NO 4840 / MUM/20 14 ( / ASSESSMENT YEAR : 20 0 9 - 10 ) SHRI SUKHRAJ H BAFNA, C - 8, PARVATI MANSION, DR. D B MARG, GRANT ROAD, MUMBAI - 400007 / VS. INCOME TAX OFFICER, 16( 2 )( 4 ), MUMBAI . ( / APPELLANT ) .. ( / RESPONDENT ) ./ ./PAN/GIR NO. : ALRPB2053N / APPELLANT BY NONE / RSPONDENT BY SHRI MOURYA PRATAP / DATE OF HEARING : 13 .8 . 201 5 / DATE OF PRONOUNCEMENT : 13 . 8. 201 5 / O R D E R PER B.R.BASKARAN , AM: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 27.3.2014 PASSED BY THE LD. CIT(A) - 2 7 , MUMBAI AND IT RELATES TO THE ASSESSMENT YEAR 200 9 - 10 . 2. THE ADDITION OF RS.7,11,000/ - MADE BY THE ASSESSING OFFICER, HAVING BEEN CONFIRMED BY THE LD.CIT(A), THE ASSESSEE HAS FILED THIS APPEAL BEFORE THE TRIBUNAL. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE EVEN THOUGH THE CASE WAS ADJOURNED TODAY I.E. 13.8.2015 , AT THE REQUEST MADE BY THE ASSESSEE ON ITA NO. 4 840 / MUM/20 14 2 THE PREVIOUS DATE OF HEARING . HENCE, WE PRO CEED TO DISPOSE OF THE APPEAL EX - PARTE, WITHOUT PRESENCE OF ASSESSEE . 4 . WE HEARD THE LD. DR AND ALSO PERUSED THE RECORD. WE NOTICE THAT THE AO HAS RECEIVED AIR INFORMATION TO THE EFFECT THAT THE ASSESSEE HAS DEPOSITED A CASH TO THE TUNE OF RS.15,15,000 / - IN HIS BANK ACCOUNT MAINTAINED WITH THE BHARAT C O - OPERATIVE BANK (MUMBAI) LTD. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE AO ASKED THE ASSESSEE TO EXPLAIN THE SOURCE S THEREOF. THE ASSESSEE FURNISHED FINANCIAL STATEMENT S, FROM WHICH IT WAS NOTIC ED THAT THE ASSESSEE HAS AVAILED CASH LOANS TO THE TUNE OF RS.8,04,000/ - . H ENCE THE AO GAVE SET OFF OF RS.8,04,000/ - AGAINST THE AGGREGATE CASH DEPOSIT S OF RS.15,15,000/ - AND ASSESSED BALANCE AMOUNT OF RS.7,11,000/ - AS INCOME OF THE ASSESSEE FROM UNDI SCLOSED SOURCE OF INCOME. THE LD. CIT(A) ALSO CONFIRMED THE SAME. HENCE, THE ASSESSEE HAS FILED THIS APPEAL BEFORE THIS TRIBUNAL. 5 . ON CAREFUL PERUSAL OF THE ORDERS PASSED BY THE TAX AUTHORITIES, WE NOTICE THAT THE ASSESSEE HAS NOT FURNISHED ANY EXPLAN ATION/DOCUMENTARY EVID ENCE WITH REGARD TO THE BALANCE AMOUNT OF DEPOSIT OF RS.7,11,000 / - , REFERRED ABOVE. BE FORE US ALSO , T HE ASSESSEE HAS NOT FILED ANY EXPLANATION OR EVIDENCE TO PROVE THE SOURCES . THERE SHOULD NOT BE ANY DISPUTE THAT THE PRIMARY BURD EN OF PROOF IS PLACED UPON THE ASSESSEE U/S 68 OF THE ACT TO PROVE THE SOURCES OF CASH CREDITS/DEPOSITS. IN THE INSTANT CASE, WE NOTICE THAT THE ASSESSEE HAS FAILED TO DISCHARGE THE INITIAL BURDEN OF PROOF PLACED UPON HIM BY THE STATUTE. UNDER THESE SET OF FACTS, WE HAVE NO OTHER OPTION BUT TO CONFIRM THE ORDER PASSED BY THE LD. CIT(A) . ITA NO. 4 840 / MUM/20 14 3 6 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED PRONOUNCED ACCORDINGLY ON 13TH AUGUST 2015. 13 TH AUGUST, 2015 SD SD ( LALI T KUMAR) ( B.R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 13TH AUG , 2015 . . . ./ SRL , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - CONCERNED 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI CONCE RNED 6. / GUARD FILE. / BY ORDER, TRUE COPY (ASSTT. REGISTRAR) , /ITAT, MUMBAI