Mritunjay Kumar Singh, Ranchi V. ITO,Ward-2(1), Ranchi

ITA 61/RAN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8290 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 11-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NISHA SINGHMARR J
• Assessee Lawyers: R K PANDEY
• Keywords: Unexplained expenditure
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: RANCHI BENCH, RANCHI BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A NO.61/RAN/2019 ASSESSMENT YEAR: 2009-10 MRITUNJAY KR. SINGH, RANCHI MANSI NIKETAN, OPP.PRATHIBA APARTMENT, SOUTH OFFICE PARA, DORANDA-834002, JHARKHAND. VS. ITO, WARD-2(1), RANCHI PAN/GIR NO. : AKPPS1707H ( APPELL ANT ) .. (RESPONDENT) & I.T.A NO.183/RAN/2018 ASSESSMENT YEAR: 2010-11 MRITUNJAY KR. SINGH, RANCHI MANSI NIKETAN, OPP.PRATHIBA APARTMENT, SOUTH OFFICE PARA, DORANDA-834002, JHARKHAND. VS. ITO, WARD-2(1), RANCHI PAN/GIR NO. : AKPPS1707H ( APPELL ANT ) .. (RESPONDENT) APPELLANT BY SHRI R. K. PANDEY, ADV. RESPONDENT BY SMT. NISHA SINGHMARR, JCIT(DR) DATE OF HEARING 05.03.2020 DATE OF PRONOUNCEMENT 05.03.2020 O R D E R S. S. GODARA(ORAL): THESE ASSESSEES TWO APPEALS FOR ASSESSMENT YEARS 2009-10 & 2010-11 ARISE AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS), RANCHI DATED 16.11.2018 & 19.12.2017 PASSED IN CASE NO.CIT(A), RANCHI/10028/2017-18 & CIT(A), RANCHI/10067/2016-17 INVOLVING PROCEEDINGS U/S 143(3)/148 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). HEARD BOTH THE PARTIES. CASE FILES PERUSED. I.T.A NO.61/RAN/2019 & I.T.A NO.183/RAN/2018 MRITUNJAY KR. SINGH, RANCHI 2 2. COMING TO FORMER ASSESSMENT YEAR 2009-10, I NOTICE THAT THE CIT(A)S ORDER HAS NOT CONDONED THE 60 DAYS DELAY IN FILING E-APPEAL WHEREAS THE ASSESSEE HAD ALSO FILED HARD-COPY OF THE APPEAL. THE APPEAL WAS ADMITTEDLY FILED WITHIN THE TIME LIMIT PERIOD. I THEREFORE OF THE VIEW THAT THE ASSESSEES FOREGOING DELAY IN FILING OF THE E-APPEAL WAS NEITHER INTENTIONAL NOR DELIBERATE. THE SAME IS DIRECTED TO BE CONDONED. 3. NEXT COMES THE SOLE ISSUE ON MERITS IN THE INSTANT FORMER ASSESSMENT YEAR CHALLENGING BOTH THE LOWER AUTHORITIES ACTION TREATING CASH DEPOSITS OF RS.10,13,142/- AS UNEXPLAINED U/S 68 OF THE ACT. THE ASSESSEE APPEARS TO HAVE ATTRIBUTED SOURCE OF RS.5,00,000/- FROM HIS MOTHER AND CASH COMING FROM OTHER PARTIES. THERE IS NO COGENT EVIDENCE WHATSOEVER IN SUPPORT OF ASSESSEES EXPLANATION. I MAKE IT CLEAR THAT IN FACT ALL THE SAID PARTIES ARE NOT ASSESSED TO TAX. THEIR CASH BOOK STATEMENTS, CASH FLOW STATEMENT OR OTHER EVIDENCES HAVE NOT AT ALL BEEN FILED IN SUPPORT OF THE FOREGOING PLEA. I ACCORDINGLY FIND NO FORCE IN ASSESSEES SOLE SUBSTANTIVE GRIEVANCE ON MERITS. THE IMPUGNED ADDITION OF RS.11,13,142 IN ASSESSMENT YEAR 2009-10 FORMING SUBJECT MATTER OF APPEAL ITA NO.61/RAN/2019 IS CONFIRMED. THIS ASSESSEES FORMER APPEAL IS DISMISSED. 4. NEXT COMES ASSESSMENT YEAR 2010-11 INVOLVING ITA 183/RAN/2018. LEARNED COUNSEL SUBMITTED THAT OUT OF CASH CREDITS IN QUESTION AMOUNTING TO RS.24,84,491/-, A SUM OF RS.15,04,000/- CAME FROM MAHARANI FUELS WHICH WAS PROVED BACK BY WAY OF RECONCILIATION. BOTH THE LEARNED REPRESENTATIVES ARE AD IDEM THAT LEARNED ASSESSING OFFICER NEEDS TO RE- EXAMINE THIS CLINCHING RECONCILIATION ASPECT AFRESH AS PER LAW. I THEREFORE RESTORE THE INSTANT ISSUE BACK TO ASSESSING OFFICER. 5. NEXT COMES REMAINING UNEXPLAINED SUM OF RS.21,73,838/- TREATED AS UNEXPLAINED EXPENDITURE. I MAKE IT CLEAR THAT I HAVE ALREADY CONFIRMED ADDITION OF RS.10,13,142/- IN FORMER ASSESSMENT YEAR IN PRECEDING PARAGRAPHS. THE ASSESSING OFFICER THEREFORE IS DIRECTED TO GIVE TELESCOPIC BENEFIT THEREOF IN THE IMPUGNED ASSESSMENT YEAR. NECESSARY COMPUTATION INCLUDING THAT OF INTEREST SHALL FOLLOW AS PER LAW. THIS LATTER APPEAL ITA NO.183/RAN/2018 IS PARTLY ALLOWED IN FOREGOING TERMS. I ORDER ACCORDINGLY. I.T.A NO.61/RAN/2019 & I.T.A NO.183/RAN/2018 MRITUNJAY KR. SINGH, RANCHI 3 6. TO SUM UP, THIS ASSESSEES FORMER APPEAL ITA NO.61/RAN/2018 IS DISMISSED AND LATTER APPEAL ITA NO.183/RAN/2018 IS PARTLY ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 05.03.2020. SD/- (S. S. GODARA) JUDICIAL MEMBER DATED: 05.03.2020. RS COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) - 5. THE DR, ITAT, RANCHI 6. GUARD FILE BY ORDER SR. P.S., ITAT, RANCHI (ON TOUR)