ANU RAM AGGARWAL, MUMBAI V. DCIT RG 26(2), MUMBAI

ITA 5497/MUM/2014

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0237 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 3 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 01-09-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ASHISH KUMAR LD
• Section: 143(3)

Judgement Text

ITA NO. 5497/MUM/2014 ANU RAM AGGARWAL ASSESSMENT YEAR-2010-11 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.5497/MUM/2014 ( / ASSESSMENT YEAR: 2010-11) ANU RAM AGGARWAL 11, TOSCANO MANUEL GONSALVES ROAD BANDRA (WEST) MUMBAI 400 050 / VS. DEPUTY COMMISSIONER OF INCOME TAX-26(2) AYURVED PRACHAR SANSTHA BUILDING CHARNI ROAD, MUMBAI 400 002 ./PAN : AAHPA-2196-A ( /APPELLANT ) : ( ! / RESPONDENT ) A SSESSEE BY : NONE RE VENUE BY : ASHISH KUMAR, LD. DR / DATE OF HEARING : 27/11/2018 / DATE OF PRONOUNCEMENT : 05/12/2018 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [AY] 2010-11 CONTEST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) 28, ITA NO. 5497/MUM/2014 ANU RAM AGGARWAL ASSESSMENT YEAR-2010-11 2 MUMBAI, [CIT(A)], APPEAL NO.28/DCIT-26(2)/306/13-14 DATED 07/07/2014 QUA CONFIRMATION OF CERTAIN ADDITIONS OF RS.26 LACS. NO NE HAS APPEARED FOR ASSESSEE DESPITE NOTICE AND NO VAL ID ADJOURNMENT APPLICATION IS ON RECORD. THE ASSESSEE HAS REMAINED NEGLIGENT IN ATTENDING THE HEARING ON VARIOUS OCCASIONS. FINDING NO REASON TO KEEP THE APPEAL PENDING, WE DISPOSE-OFF THE SAME ON THE BASIS OF MATERIAL AVAILABLE ON RECORD AND AFTER HEARING LD. DEPARTMEN TAL REPRESENTATIVE [DR] WHO HAS JUSTIFIED THE STAND OF LOWER AUTHORITI ES. 2.1 FACTS LEADING TO THE SAME ARE THAT THE ASSESSEE BEING RESIDENT INDIVIDUAL WAS ASSESSED IN SCRUTINY ASSESSMENT U/S 143(3) ON 28/03/2013 BY LD. DEPUTY COMMISSIONER OF INCOME TAX -26(2), MUMBAI [AO] WHEREIN THE INCOME OF THE ASSESSEE HAS BEEN AS SESSED AT RS.86.82 LACS AFTER CERTAIN ADDITIONS OF RS.26 LACS AGAINST RETURNED INCOME OF RS.60.82 LACS FILED BY THE ASSESSEE ON 29 /07/2010. 2.2 PURSUANT TO AIR INFORMATION, IT TRANSPIRED THAT THE ASSESSEE DEPOSITED CASH OF RS.26.93 LACS IN HER OWN BANK ACC OUNT AS WELL AS IN THE ACCOUNT OF TWO MINOR DAUGHTERS HELD WITH CITIBANK. THE ASSESSEE SUBMITTED THAT CASH DEPOSITS WERE MADE OUT OF EARLI ER WITHDRAWALS, HOWEVER, FAILED TO SUBSTANTIATE THE SAME. SUBSEQUEN TLY, THE ASSESSEE SUBMITTED THAT THE CASH WAS DEPOSITED OUT OF SALE P ROCEEDS OF JEWELLERY INHERITED FROM HER GRANDMOTHER, HOWEVER, AGAIN FAIL ED TO SUBMIT THE DOCUMENTARY EVIDENCES. RESULTANTLY, THE AMOUNT OF R S.26 LACS WAS ADDED TO HER INCOME. 3. AGGRIEVED, THE ASSESSEE CONTESTED THE SAME WITHO UT ANY SUCCESS BEFORE LD. CIT(A) VIDE IMPUGNED ORDER DATED 07/07/2014 WHEREIN THE ASSESSEE AGAIN FAILED TO SUBSTANTIATE THE CASH DEPO SIT AND FILE THE ITA NO. 5497/MUM/2014 ANU RAM AGGARWAL ASSESSMENT YEAR-2010-11 3 REQUISITE DOCUMENTARY EVIDENCES. AGGRIEVED, THE ASS ESSEE IS IN FURTHER APPEAL BEFORE US. 4. UPON CAREFUL CONSIDERATION OF FACTUAL MATRIX, WE FIND NO REASON TO DEVIATE FROM THE STAND OF LOWER AUTHORITIES SINCE T HE COMPLETE ONUS TO SUBSTANTIATE THE CASH DEPOSITS WAS ON ASSESSEE AND THE SAME HAS REMAINED UN-DISCHARGED. NOTHING ON RECORD CONTROVER TS OR REBUTS THE FINDINGS OF BOTH THE LOWER AUTHORITIES. RESULTANTLY , WE HAVE NO OTHER OPTION BUT TO CONFIRM THE FINDINGS OF LD. FIRST APP ELLATE AUTHORITY. WE ORDER SO. 5. THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH DECEMBER, 2018 SD/- SD/- (MAHAVIR SINGH) (M ANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 05/12/2018 SR.PS:-JAISY VARGHESE ! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. ! / THE RESPONDENT 3. ( ( ) / THE CIT(A) 4. ( / CIT CONCERNED 5. )* #+ , + , / DR, ITAT, MUMBAI 6. *,-. / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI