Ravi Maheshwari, Meerut V. DCIT, Circle- 2, Meerut

ITA 52/DEL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2400 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 03-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 147

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI SMC BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER ITA NO. 5 2 /DEL/201 8 [ASSESSMENT YEAR: 2 0 09 - 10] SHRI RAVI MAHESHWARI VS. THE D.C. I.T. 210, WEST END ROAD CIRCLE 2 MEERUT MEERUT PAN: AATPM 3043 N [APPELLANT] [RESPONDENT] DATE OF HEARING : 0 5 . 11 .201 8 DATE OF PRONOUNCEMENT : 1 2 . 1 1 .2018 ASSESSEE BY : SHRI ROHIT AGARWAL , C A REVENUE BY : MS. AASHNA PAUL , SR. DR ORDER PER N .K. BILLAIYA, ACCOUNTANT MEMBER: T HIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX [APPEALS] , MEERUT DATED 22 . 1 2 .201 7 PERTAINING TO ASSESSMENT YEAR 20 09 - 10 . 2 2. THE SOLITARY GRIEVANCE OF THE ASSESSEE IS THAT THE LD. CIT(A) ERRED IN CONFIRMING THE PENALTY LEVIED U/S 271(1)(C) OF THE INCOME - TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT'] ON SURRENDER OF INCOME OF RS. 2 LAKHS. 3. ROOTS FOR LEVY OF PENALTY LIE IN THE ASSESSMENT ORDER DATED 17.11.2016 FRAMED U/S 147 R.W.S 143(3) OF THE ACT. 4. THE COMPLETED ASSESSMENT WAS REOPENED TO EXAMINE THE SOURCE OF CASH DEPOSIT OF RS. 2 LAKHS IN THE BANK ACCOUNT. VIDE SUBMISSION DATED 03.11.2016, THE ASSESSEE SURRENDERED RS. 2 LAKHS AS INCOME OF THE ASSESSEE ON ACCOUNT OF UNDISCLOSED INCOME. ASSESSMENT WAS COMPLETE ON SUCH CONCESSION AND RS. 2 LAKHS WAS ADDED. PENALTY PROCEEDINGS WERE SEPARATELY INITIATED. 5. DURING THE COURSE OF PENALTY PROCEEDINGS, THE ASSESSEE STRONGLY CONTENDED THAT HE SURRENDERED RS. 2 LAKHS BECAUSE HE COULD NOT LAY HIS HANDS ON THE BANK STATEMENT TO EXPLAIN THE SOURCE OF CASH DEPOSITED IN THE BANK. IT WAS CLAIMED THAT THE SURRENDER WAS TO PURCHASE PEACE OF MIND AND TO 3 AVOID UNNECESSARY LITIGATION. THE ASSESSING OFFICER WAS NOT CONVINCED WITH THE CONTENTION OF THE ASSESSEE AND LEVIED PENALTY U/S 271(1)(C) OF THE ACT AMOUNTING TO RS. 62,000/ - . THE ASSESSEE CARRIED THE MATTER BEFORE THE LD. CIT(A), BUT WITHOUT ANY SUCCESS. 6. THE CIT(A) CONFIRMED THE LEVY OF PENALTY BY DRAWING SUPPORT FROM THE JUDGMENT OF THE HON'BLE SUPREME COURT IN THE CASE OF MAX DATA PVT LT D IN CIVIL APPEAL NO. 9792/2013. 7. BEFORE ME, THE LD. COUNSEL FOR THE ASSESSEE REITERATED WHAT HAS BEEN STATED BEFORE THE LOWER AUTHORITIES. THE LD. AR DREW MY ATTENTION TO THE CASH BOOK FILED BEFORE ME. IT IS THE SAY OF THE LD. AR THAT IF THE SAID CASH BOOK IS EXAMINED, THEN THE SOURCES OF CASH DEPOSIT WOULD BE PROVED. 8 . THE LD. DR STRONGLY SUPPO RTED THE FINDINGS OF THE FIRST APPELLATE AUTHORITY. 8. I HAVE CAREFULLY CONSIDERED THE ORDERS OF THE AUTHORITIES BELOW. THERE IS NO QUARREL THAT THE ASSESSEE HAS VOLUNTARILY AND WILFULLY OFFERED RS. 2 LAKHS FOR TAXATION. FOR THE FIRST 4 TIME BEFORE ME, THE LD. AR HAS COME UP WITH THE PLEA THAT NECESSARY ENTRIES CAN BE FOUND FROM THE CASH BOOK. I FAIL TO UNDERSTAND WHY THE CASH BOOK WAS NOT PRODUCED DURING THE COURSE OF ASSESSMENT PROCEEDINGS/PENALTY PROCEEDINGS AND WHY THE SAME WERE NOT PRODUCED BEFORE THE CIT(A) DURING THE APPELLATE PROCEEDINGS AND DURING THE APPELLATE PROCEEDINGS RELATING TO PENALTY. IT CAN BE SAFELY CONCLUDED THAT THE CASH BOOK WAS PREPARED AFTERWARDS AND, THEREFORE, HAS NO EVIDENTIARY VALUE. CONSIDERING THE FACTS OF THE CASE IN HAND IN TOTALITY, I DO NOT FIND ANY REASON TO INTERFERE WITH THE FINDINGS OF THE CIT(A). 9 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IN ITA NO. 5 2 /DEL/201 8 IS DISMISSED . THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 1 2 . 1 1 .2018. S D / - [N.K. BILLAIYA] ACCOUNTANT MEMBER DATED: 1 2 T H NOVEMBER , 2018 VL/ 5 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) ASST. REGISTRAR, 5. DR ITAT, NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER