Prabha Chandraseksar, Chennai V. ITO, NCW 2(5), Chennai

ITA 598/CHNY/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 7964 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 08-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANATH KUMAR RAHA

Judgement Text

, / , IN THE INCOME TAX APPELLATE TRIBUNAL C SMC BENCH, CHENNAI ... , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER ./ ITA NO.598/CHNY/2019 ' #$' / ASSESSMENT YEAR : 2008-09 SMT. PRABHA CHANDRASEKAR, C/O DR. S. VIJAYAKUMAR, NO.25/21, RANJIT ROAD, KOTTURPURAM, CHENNAI. PAN : AAAPC 2284 J V. THE INCOME TAX OFFICER, NON CORPORATE WARD - 2(5), CHENNAI - 600 034. (&'/ APPELLANT) (()&'/ RESPONDENT) &' * + / APPELLANT BY : NONE ()&' * + / RESPONDENT BY : SHRI SANATH KUMAR RAHA, JCIT , # * -. / DATE OF HEARING :02.07.2019 /0$ * -. / DATE OF PRONOUNCEMENT : 04.07.2019 / O R D E R THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -2, CHENNA I, DATED 19.02.2018 AND PERTAINS TO ASSESSMENT YEAR 2008-09. 2. THERE WAS A DELAY OF 300 DAYS IN FILING THIS APP EAL BY THE ASSESSEE. I HAVE GONE THROUGH THE PETITION FOR CON DONATION OF DELAY 2 I.T.A. NO.598/CHNY/19 FILED BY THE ASSESSEE. I FIND THAT THERE WAS SUFFI CIENT CAUSE FOR NOT FILING THE APPEAL BEFORE THE STIPULATED TIME. THER EFORE, I CONDONE THE DELAY AND ADMIT THE APPEAL. 3. THE NOTICE OF HEARING WAS SERVED ON THE ASSESSEE BY RPAD. THE REGISTRY HAS PLACED ON RECORD THE POSTAL ACKNOW LEDGEMENT AS PROOF OF SERVICE OF NOTICE ON THE ASSESSEE. EVEN A FTER THE RECEIPT OF NOTICE, THE ASSESSEE CHOSE TO REMAIN ABSENT WHEN TH E APPEAL WAS TAKEN UP FOR HEARING. THEREFORE, I HEARD THE LD. D EPARTMENTAL REPRESENTATIVE AND PROCEEDED TO DISPOSE THE APPEAL ON MERIT. 4. SHRI SANATH KUMAR RAHA, THE LD. D.R. SUBMITTED T HAT THE ASSESSEE CLAIMED CAPITAL GAIN OF 2,02,160/- ON SALE OF JEWELLERY. ACCORDING TO THE LD. D.R., THE ASSESSING OFFICER ON EXAMINATION, FOUND THAT THERE WAS CASH DEPOSIT TO THE EXTENT OF 12.60 LAKHS IN THE ACCOUNT MAINTAINED BY THE ASSESSEE WITH KOTAK M AHINDRA BANK. THE ASSESSEE EXPLAINED BEFORE THE ASSESSING OFFICER THAT THE SOURCE FOR BANK DEPOSIT WAS SALE CONSIDERATION OF 1 000 GRAMS OF 24 CARAT GOLD COINS. HOWEVER, THE ASSESSEE COULD NOT PRODUCE ANY MATERIAL EVIDENCE IN SUPPORT OF THE CLAIM. ACCOR DING TO THE LD. D.R., ON EXAMINATION OF PURCHASER M/S ANGAMUTHU JEW ELLERS, THEY CONFIRMED THAT THEY HAVE NOT PURCHASED ANY GOLD COI NS / GOLD 3 I.T.A. NO.598/CHNY/19 JEWELLERY FROM THE ASSESSEE. THEREFORE, ACCORDING TO THE LD. D.R., THE ASSESSING OFFICER MADE ADDITION OF 12.60 LAKHS AS INCOME FROM OTHER SOURCES BY TREATING THE SAME AS UNEXPLAINED D EPOSIT IN THE BANK ACCOUNT. ON APPEAL BY THE ASSESSEE, THE CIT(A PPEALS) ALSO CONFIRMED THE ADDITION. 5. I HAVE CAREFULLY GONE THROUGH THE ORDERS OF THE ASSESSING OFFICER AND THE CIT(APPEALS). THE ASSESSEE CLAIMED BEFORE THE ASSESSING OFFICER THAT THE SOURCE FOR 12.60 LAKHS IS THE SALE OF 1000 GRAMS OF 24 CARAT GOLD COINS TO M/S ANGAMUTHU JEWELLERS. HOWEVER, M/S ANGAMUTHU JEWELLERS DENIED THE PURCHAS E FROM THE ASSESSEE. M/S ANGAMUTHU JEWELLERS HAD ALSO GONE TO THE EXTENT OF STATING BEFORE THE ASSESSING OFFICER THAT THEY DO N OT KNOW THE ASSESSEE AT ALL. IN VIEW OF THE ABOVE STATEMENT, I T IS FOR THE ASSESSEE TO EXPLAIN THE SOURCE OF DEPOSIT OF 12.60 LAKHS. THE ASSESSEE HAS NOT PRODUCED ANY SALE INVOICE OR PURCH ASE BILL ISSUED BY M/S ANGAMUTHU JEWELLERS. IN THOSE CIRCUMSTANCES , THIS TRIBUNAL DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE LOWER AUTHORITY AND ACCORDINGLY THE SAME IS CONFIRMED. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. 4 I.T.A. NO.598/CHNY/19 ORDER PRONOUNCED IN THE COURT ON 4 TH JULY, 2019 AT CHENNAI. SD/- ( ... ) (N.R.S. GANESAN) /JUDICIAL MEMBER /CHENNAI, 2 /DATED, THE 4 TH JULY, 2019 KRI. * (-34 54$- /COPY TO: 1. &' /APPELLANT 2. ()&' /RESPONDENT 3. , 6- () /CIT(A)-2, CHENNAI-34 4. PRINCIPAL CIT, CHENNAI-1, CHENNAI 5. 4#7 (- /DR 6. 8' 9 /GF.