Atul Sadanand Mungase, Pune V. Income-tax Officer, Ward - 3(2), Pune

ITA 510/PUN/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0263 (ITAT-PUNE)
• Duration Of Justice: 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 21-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ARISES OUT OF PASSED
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.510/PUN/2018 / ASSESSMENT YEAR : 2009-10 SHRI ATUL SADANAND MUNGASE, MURLIDHAR TEA HOUSE, SHOP NO.1, NEELSADAN APARTMENT, 1426, SADASHIV PETH, PUNE 411 030 PAN : AGUPM0969N VS. ITO, WARD-3(2), PUNE (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSE D BY THE CIT(A)-5, PUNE ON 24-11-2017 IN RELATION TO THE ASSESSMENT YEAR 2009-10. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST THE CONFIRMATION OF DISALLOWANCE OF RS.14,08,500/- MADE BY THE ASSESSING OFFICER (AO) ON ACCOUNT OF FAILURE OF THE ASSE SSEE TO EXPLAIN THE SOURCES OF CASH DEPOSITED IN HIS BANK ACCOU NT. APPELLANT BY NONE RESPONDENT BY SHRI M.K. VERMA DATE OF HEARING 05-12-2018 DATE OF PRONOUNCEMENT 05 -12-2018 ITA NO.510/PUN/2018 ATUL SADANAND MUNGASE 2 3. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT THE AO GOT AIR INFORMATION ABOUT THE ASSESSEE HAVING DEPOSITED CASH OF RS.14,08,500/- IN HIS BANK ACCOUNT. THE AO CALLED UPON THE ASSESSEE TO FURNISH THE SOURCE OF DEPOSIT, WHICH THE ASSE SSEE FAILED TO DO IN AS MUCH AS HE DID NOT AT ALL APPEAR BEFORE THE AO. THIS LED TO MAKING OF AN ADDITION OF RS.14,08,500/- IN THE ASSESSMENT COMPLETED U/S. 144 OF THE INCOME-TAX ACT, 1961. THE ASSESSEE FAILED TO SATISFY THE LD. CIT(A) AS TO THE GENUINENESS OF THE SOURCE OF THE DEPOSIT WHICH LED TO THE CONFIRMATION OF THE ABOVE ADDITION. 4. I HAVE HEARD THE LD. DR AND PERUSED THE RELEVANT MATE RIAL ON RECORD. THERE WAS NO APPEARANCE FROM THE SIDE OF THE ASSESSEE. A NOTICE WAS SENT TO THE ASSESSEE THROUGH REGIS TERED POST, WHICH HAS BEEN RETURNED BY THE POSTAL AUTHORITIES WITH THE REMARKS NOT CLAIMED. IN VIEW OF THE FACTUAL POSITION STATED ABOVE, IT IS CLEAR THAT THE ASSESSEE COULD NOT SUCCESSF ULLY EXPLAIN THE SOURCE OF DEPOSIT IN THE BANK ACCOUNT EITHER BEF ORE THE AUTHORITIES OR THE TRIBUNAL. I, THEREFORE, UPHOLD THE ADDITION SUSTAINED IN THE FIRST APPEAL. ITA NO.510/PUN/2018 ATUL SADANAND MUNGASE 3 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH DECEMBER, 2018. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 05 TH DECEMBER, 2018 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-5, PUNE 4. / THE PR. CIT-4, PUNE 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO.510/PUN/2018 ATUL SADANAND MUNGASE 4 DATE 1. DRAFT DICTATED ON 05-12-18 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 05-12-18 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *