BHEEK SINGH RATHORE, MUMBAI V. ASST CIT CEN CIR 13, MUMBAI

ITA 5043/MUM/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 92700 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-06-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 12-11-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 07-08-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PREMANAND J
• Assessee Lawyers: DR K SHIVRAM MS NEELAM JADHAV
• Section: 68

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI N.K . BILLAIYA, A CCOUNTANT M EMBER / I .T.A. NO . 504 3 & 5044 /MUM/2012 ( / ASSESSMENT YEAR : 2006 - 07 & 2008 - 09 SHRI BHEEK SINGH RATHORE, FLAT NO. 28, 1 ST FLOOR, SATRUNJAY APARTMENTS, 28, SINDHI LANE, N.D. ROAD, MUMBAI - 400 004 / VS. THE ACIT CENTRAL CIRCLE - 13 , MUMBAI ./ ./ PAN/GIR NO. : AGVPR 9872J ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY: DR. K. SHIVRAM MS. NEELAM JADHAV / RESPONDENT BY : SHRI PREMANAND J. / DATE OF HEARING : 0 2 . 0 6 .2015 / DATE OF PRONOUNCEMENT : 0 2 .0 6 .2015 / O R D E R PER N.K. BILLAIYA, AM: TH ESE TWO APPEALS BY THE ASSESSEE PREFERRED AGAINST THE VERY SAME ORDER OF THE LD. CIT(A) - 37 , MUMBAI DT. 3 0.4.2012 PERTAINING TO ASSESSMENT YEAR 200 6 - 0 7 AND 2008 - 09 . ITA. NO S . 5043 & 5044/M/2012 2 2. THE SOLE GRIEVANCE OF THE ASSESSEE IN BOTH THE YEARS IS THAT THE LD. CIT(A) ERRED IN CONFIRMING THE LEVY OF PENALTY MADE U/S. 271(1)(C) OF THE ACT AMOUNTING TO RS. 10,404/ - AND RS. 46,968/ - RESPECTIVELY. THE APPEAL FOR BOTH THE YEARS IS LATE BY 3 DAYS. THE DELAY IS CONDONED. 3. FIRST WE WILL TAKE UP ITA NO. 5043/M/12 F OR A.Y. 2006 - 07. WHILE SCRUTINIZING THE RETURN OF INCOME IN THE YEAR UNDER CONSIDERATION, THE ASSESSING OFFICER NOTICED THAT THE ASSESSEE HAS BORROWED MONEY FROM SHRI MAHENDRA SING RS. 18,000/ - AND SHRI MAHAVEER SINGH RS. 16,000/ - . THE ASSESSEE WAS ASKE D TO FILE CONFIRMATIONS AND ALSO ESTABLISH THE GENUINENESS OF THE TRANSACTION WITHIN THE LIGHT OF SEC. 68 OF THE ACT. THE ASSESSEE FILED CONFIRMATIONS BUT FAILED TO FURNISH THE COPIES OF BALANCE SHEET/BANK PASS BOOK/COPY OF IT RETURNS. ACCORDING TO THE AO , AS THE ASSESSEE HAS FAILED TO PROVE THE IDENTITY, SOURCE AND CREDITWORTHINESS, THE AMOUNT OF RS. 34,000/ - WAS ADDED U/S. 68 OF THE ACT. PENALTY PROCEEDINGS WERE SEPARATELY INITIATED. SIMILARLY IN A.Y 2008 - 09, LOANS FROM FOLLOWING PARTIES : 1) ACCURATE IN DUSTRIES RS. 1,00,000/ - 2) MAHAVEER SINGH RS. 18,000/ - 3) JEETU KHETRI RS. 18,000/ - 4) BAGSINGH RS. 17,000/ - 5) JANAK SINGH RS. 15,000/ - -------------------- RS. 1,52,000/ - ---------------------- 3.1. THE ASSESSEE ADDED AS INCOME OF THE ASSESSEE U/S. 68 OF THE ACT. PENALTY U/S. 271(1)(C) HAS BEEN LEVIED IN RESPECT OF THE ADDITIONS MADE U/S. 68 OF THE ACT. ITA. NO S . 5043 & 5044/M/2012 3 4. AGGRIEVED, THE ASSESSEE CARRIED THE MATTER FOR BOTH THE YEARS BEFORE THE LD. CIT(A) BUT WITHOUT ANY SUCCESS. 5. BEFORE US, THE LD. COUNSEL FOR THE ASSESSEE STATED THAT THE ASSESSEE HAD FILED CONFIRMATIONS FROM THE IMPUGNED PARTIES THEREFORE IT CANNOT BE SAID THAT THE ASSESSEE HAS FILED INACCURATE PARTICULARS OR CONCEALED THE PARTICULARS OF INCOME. 6. THE LD. DEPARTMENTAL REPRESENTATIVE RELIED UPON THE ORDER OF THE LD. CIT(A). 7. WE HAVE GIVEN A THOUGHTFUL CONSIDERATION TO THE ORDERS OF THE AUTHORITIES BELOW. UNDISPUTEDLY, THE ADDITI ONS HAVE BEEN MADE U/S. 68 OF THE ACT FOR NOT DISCHARGING THE ONUS CAST UPON THE ASSESSEE BY VIRTUE OF SEC. 68 OF THE ACT. EVEN IN THE PENALTY PROCEEDINGS, THE ASSESSEE COULD NOT DISCHARGE THE ONUS CAST UPON IT BY SEC. 68 OF THE ACT NOR BEFORE US THE ASS ESSEE COULD BRING ANY EVIDENCE IN SUPPORT OF THE GENUINENESS OF THE CLAIM. WE, THEREFORE, DECLINE TO INTERFERE WITH THE FINDINGS OF THE LD. CIT(A). 8. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. OR DER PRONOUNCED IN THE OPEN COUR T AT THE TIME OF HEARING ON 2 ND JUNE , 2015 ( JOGINDER SING H ) (N.K. BILLAIYA) /JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 2 ND JUNE , 2015 . . ./ RJ , SR. PS ITA. NO S . 5043 & 5044/M/2012 4 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI