NITIN KUMAR RELA, Jaipur V. ITO, Dausa

ITA 648/JPR/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5370 (ITAT-JAIPUR)
• Duration Of Justice: 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-04-2016
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 16-07-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: RAJ MEHRA J DHK
• Keywords: Salary income; Opportunity of being heard; Additional evidence; Corroborative evidences
• Section: 133(6); 68

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JUDICIAL MEMBER VK;DJ VIHY LA-@ ITA NO. 648/JP/2015 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2010-11 SHRI NITIN KUMAR RELA PROP. M/S. RELA ENTERPRISES OPP. POONAM TALKIES, LALSOTH ROAD, DAUSA CUKE VS. THE ITO WARD-DAUSA DAUSA LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: ALGPR 4548 H VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI P.C. PARWAL , CA FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI RAJ MEHRA, JCIT-DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 26/02/2016 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 21 /04/2016 VKNS'K@ ORDER PER R.P. TOLANI, JM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A), ALWAR, DATED 1-05-2015 FOR THE ASSESSMENT Y EAR 2010-11 WHEREIN THE ASSESSEE HAS RAISED FOLLOWING GROUNDS IN HIS A PPEAL. (1) THE LD. CIT(A) HAS ERRED ON FACTS AND IN LAW IN CONFIRMING THE ADDITION OF RS. 7,00,000/- BY TREAT ING THE LOAN TAKEN FROM SMT. MAYA DEVI OF RS. 5.00 LACS AND FROM SHRI MOHAN LAL GUPTA OF RS. 2.00 LACS AS UNEXPLAINE D CASH CREDIT U/S 68 OF THE I.T. ACT. HE HAS FURTHER ERRED IN DISALLOWING RS. 8,260/- ON ACCOUNT OF INTEREST PAI D TO SHRI MOHAN LAL GUPTA. ITA NO.648/JP/2015 SHRI NITIN KUMAR RELA VS. ITO,WARD - DAUSA . 2 (2) THE LD. CIT(A) HAS ERRED ON FACTS AND IN LAW IN UPHOLDING THE REJECTION OF BOOKS OF ACCOUNT BY APPL YING PROVISIONS OF SECTION 145(3). (2.1) THE LD. CIT(A) HAS ERRED ON FACTS AND IN LAW IN CONFIRMING LUMP SUM TRADING ADDITION OF RS. 30,000/ - TO THE TRADING RESULT DECLARED BY THE ASSESSEE. 2.1 BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE W AS FOUND TO HAVE TAKEN CASH CREDITS OF RS. 7.00 LACS AS UNDER:- (I) SMT. MAYA DEVI DURING THE YEAR UNDER CONSIDERATION THE ASSESSEE HA S TAKEN LOAN OF RS. 5.00 LACS VIDE CHEQUE NO. 12588 O N 13-01- 2010. THE ASSESSEE WAS ASKED TO PROVE CREDITWORTHIN ESS AND GENUINENESS OF LOAN ALONG WITH COMPLETE IDENTITY OF PERSON VIDE QUESTIONNAIRE DATED 27-12-2011. IN RESPONSE, T HE ASSESSEE FILED COPY OF ACCOUNT STATEMENT OF SMT. MA YA DEVI, SIGNED THE ASSESSEE WHEREIN REMARKS ARE MENTIONED A S THIS PERSON IS DIED. SUBSEQUENTLY, THE ASSESSEE FILED COPY OF BANK STATEMENT BUT THE ASSESSEE COULD NOT PRODUCE T HE CONFIRMATION OR ANY SUPPORTING DOCUMENTS TO PROVE T HE CREDITWORTHINESS OF THE PARTY AND GENUINENESS OF LO AN. THEREFORE, THE ASSESSEE WAS SPECIFICALLY ASKED TO P ROVE CREDITWORTHINESS ALONG WITH COMPLETE IDENTITY OF PE RSON VIDE SHOW CAUSE NOTICE/ NOTE SHEET ENTRY DATED 20-12-201 2. IN RESPONSE, THE A.R. OF THE ASSESSEE STATED THAT THE LADY IS PRESENTLY LIVING IN SOUTH AFRICA AND SHOWS INABILIT Y TO PRODUCE CONFIRMATION AS WELL AS PARTY FOR FURTHER EXAMINATION. ON VERIFICATION, IT WAS OBSERVED THAT SMT. MAYA DEVI IS NOT FILING HER INCOME-TAX RETURN IN IN DIA AS PER AST / COMPUTER SYSTEM OF DEPARTMENT. FURTHER, NO D ETAILS OF INCOME EARNING ACTIVITIES AS WELL AS BANK ACCOUN T TRANSACTION WERE EXPLAINED DURING THE COURSE OF ASS ESSMENT PROCEEDINGS. THUS, IT IS VERY MUCH CLEAR THAT CREDITWORTHINESS OF SMT. MAYA DEVI IS NOT PROVED. I T IS RELEVANT TO MENTION HERE THAT MERE FILING OF BANK S TATEMENT IS NOT SUFFICIENT TO PROVE THE CREDITWORTHINESS AND GE NUINENESS ITA NO.648/JP/2015 SHRI NITIN KUMAR RELA VS. ITO,WARD - DAUSA . 3 OF LOAN WHEN THE PERSON IS NOT LIVING IN INDIA AND SHE IS NOT ASSESSED TO TAX IN INDIA AND SOURCE OF INCOME EARNI NG ACTIVITIES WAS NOT EXPLAINED. MOREOVER, SMT. MAYA D EVI IS LIVING IN SOUTH AFRICA AND IT WAS NOT PROPERLY EXPL AINED THAT HOW THE LOAN OF RS. 5.00 LACS WAS OBTAINED BY THE A SSESSEE WHEN BOTH OF THEM ARE NOT KNOWN TO EACH OTHER. FURT HER IT IS HELD IN VARIOUS ENQUIRIES CONDUCTED BY THE DEPARTME NT THAT MOST OF THE AMOUNT RECEIVED FROM FOREIGN COUNTRY PE RSONS IS ROUTED THOUGH BANK ACCOUNT JUST TO INTRODUCE UNDISC LOSED INCOME. LOOKING TO THE ABOVE FACTS, CREDITWORTHINESS OF SMT . MAYA DEVI IS NOT PROVED AND THE CASH CREDITOR OF RS . 5.00 LACS REMAINS UNEXPLAINED AS PER PROVISIONS OF SECTI ON 68 OF THE I.T. ACT ,1961. THEREFORE, AMOUNT OF RS. 5,00,0 00/- IS ADDED TO THE TOTAL INCOME OF THE ASSESSEE. THIS WOU LD RESULT IN ADDITION OF RS. 5,00,000/- (II) SHRI MOHAN LAL GUPTA DURING THE YEAR UNDER CONSIDERATION THE ASSESSEE H AS TAKEN LOAN OF RS. 2,00,000/- ON 20-07-2009 AND CLAI MED TO HAVE PAID INTEREST OF RS. 8,260/- AS PER ACCOUNT ST ATEMENT. THUS THE ASSESSEE HAS SHOWN OUTSTANDING LOAN OF RS. 2,08,260/- AS ON 31-03-2010. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSEE WAS ASKED TO P ROVE CREDITWORTHINESS, GENUINENESS OF LOAN ALONGWITH COM PLETE IDENTITY OF PERSON VIDE QUESTIONNAIRE DATED 27-12-2 011. THE ASSESSEE FILED CONFIRMATION OF LOAN, WHICH WAS EXAM INED U/S 133(6) OF THE I.T. ACT, 1961 FROM THE CONCERNED PER SON REQUIRING TO PRODUCE THE SUPPORTING EVIDENCE TO PRO VE HIS CREDITWORTHINESS VIDE THIS OFFICE LETTER DATED 20-1 2-2012. IN RESPONSE, THE A.R. OF THE ASSESSEE FILED REPLY ON 2 6-12-2012 STATING THAT THE ASSESSEE IS AN EMPLOYEE OF PVT. CO MPANY AND FILED COPY OF ITR, BANK STATEMENT ALONGWITH FORM NO . 16. ON VERIFICATION, IT WAS NOTICED THAT CASH OF RS. 49 ,000/- WAS DEPOSITED ON 20-07-2009 AND FURTHER CASH WAS ALSO D EPOSITED ON 21-07-2009 IN THE BANK ACCOUNT SHRI MOHAN LAL GU PTA AND THEREAFTER, ISSUED CHEQUE OF RS. 2.00 KACS TOTA L INCOME THE ASSESSEE IB 22-07-2009. MOREOVER, THE ASSESSEE HAS ITA NO.648/JP/2015 SHRI NITIN KUMAR RELA VS. ITO,WARD - DAUSA . 4 DEBITED INTEREST OF RS. 8,260/- IN HIS BOOKS OF ACC OUNT WHEREAS SHRI MOHAN LAL GUPTA HAS NOT SHOWN ANY INTE REST INCOME RECEIVED FROM THE ASSESSEE. THEREFORE, THE A .R. OF THE ASSESSEE WAS ASKED TO CLEAR THE DISCREPANCIES A ND TO EXPLAIN THE SOURCE OF CASH DEPOSITED IN THE BANK AC COUNT OF SHRI MOHAN LAL GUPTA TO PROVE CASH AVAILABILITY AND JUSTIFICATION OF LOAN TAKEN BY THE ASSESSEE. IN RES PONSE, NO SATISFACTORY EXPLANATION WAS FURNISHED. FROM THE AB OVE, IT IS VERY MUCH CLEAR THAT THE TRANSACTION WAS JUST ROUTE D THROUGH THE BANKING CHANNEL JUST TO INTRODUCE UNDISCLOSED I NCOME OF THE ASSESSEE. FURTHER BANK INTEREST OF RS. 8,260/- IS ALSO NOT GENUINE AS CLAIMED IN THE ABSENCE OF GENUINENESS OF LOAN AND SAME IS SEPARATELY DISALLOWED UNDER THE HEAD DISAL LOWANCE OF INTEREST. LOOKING TO THE ABOVE FACTS, CREDITWORTHINESS OF SHR I MOHAN LAL GUPTA IS NOT PROVED AND THE CASH CREDITOR OF RS. 2,00,000/- ALSO REMAINS UNEXPLAINED AS PER PROVISIO NS OF SECTION 68 OF THE I.T. ACT, 1961. THIS WOULD RESULT IN ADDITION OF RS. 2,00,000/- THEREFORE, TOTAL ADDITION OF RS. 7,00,000/- (RS. 5,00,000 + RS. 2,00,000/-) IS MADE U/S 68 OF THE I. T. ACT, 1961. THE ASSESSEE'S BOOKS OF ACCOUNT WERE REJECTED AS IT WAS FOUND THAT NO STOCK REGISTER FOR VERIFICATION OF QUANTITY/ITEM WI SE DETAILS WERE FURNISHED. IT WAS FOUND THAT MOST OF THE BILLS DID NOT CONTAIN QUALITY AND SPECIFICATION OF THE STOCK INVENTORY. THE ASSESSEE FILED THE REPLY WHICH ACCORDING TO THE AO WAS NOT SATISFACTORY. THUS THE BOOKS OF ACCOUNT OF THE ASSESSEE WERE REJECTED AND TRADING ADDITION WAS MADE BY FOLLOWING OBSERVATIONS. ITA NO.648/JP/2015 SHRI NITIN KUMAR RELA VS. ITO,WARD - DAUSA . 5 THE REPLY OF THE A.R. OF THE ASSESSEE HAS BEEN CO NSIDERED CAREFULLY AND NOT FOUND IT CONVINCING. IT CANNOT BE A VALID REASON THAT MAINTENANCE OF ITEMWISE RECORDS IS NOT POSSIBL E. MOREOVER, IT IS EVIDENT THAT THE ASSESSEE DID NOT MAINTAIN COMPL ETE DETAILS OF ITEMWISE DISCOUNT/ SCHEME ON MOBILE PHONE AND CLOSI NG STOCK IN VERIFIABLE MANNER. FURTHER, IT WAS NOTICED THAT ASS ESSEE CREDITED PARTIES ACCOUNT ON ACCOUNT OF DISCOUNT AND INCENTI VES, HOWEVER, SAME WAS NOT CONFIRMED BY MOST OF THE PARTIES IN CO MPLIANCE TO NOTICE U/S 133(6) ISSUED FOR VERIFICATION. MOREOVER , ON BEING ASKED, THE ASSESSEE FAILED TO PRODUCE SATISFACTORY EXPLAN ATION OR CONFIRMATION OF CONCERNED PARTIES. IT SHOWS THAT TH E ASSESSEE CREDITED ACCOUNT OF SOME OF THE PARTIES WITHOUT TRA NSFERRING THE SCHEME RECEIVED FROM M/S. DELTA PRIME MARKETING (P) LTD., JAIPUR WHO IS DISTRIBUTOR OF SPICE MOBILE PHONE. LOOKING T O THE OVERALL DEFECTS IN ACCOUNTING OF THE ASSESSEE AND IN VIEW O F THE FACTS DISCUSSED ABOVE, THE TRADING RESULTS DECLARED BY TH E ASSESSEE ARE NOT SUBJECT TO VERIFICATION. HENCE, THE ASSESSEE'S BOOKS OF ACCOUNT CANNOT BE ACCEPTED AS COMPLETE AND CORRECT AND THER EFORE, THE TRUE PROFITS OF THE ASSESSEE'S BUSINESS CANNOT BE DEDUCE D AND HENCE PROVISIONS OF SECTION 145(3) OF THE I.T. ACT, 1961 ARE CLEARLY APPLICABLE IN THE CASE OF THE ASSESSEE. 2.2 IN FIRST APPEAL, THE ADDITION IN RESPECT OF CA SH CREDIT WAS CONFIRMED BY THE LD. CIT(A) BY FOLLOWING OBSERVATIONS. 4.4 THE APPELLANT HAS STATED THAT A LOAN OF RS. 5.00LCS WAS RECEIVED FROM SMT. MAYA DEVI VIDE CHEQU E NO. 12588 ON 13-01-2010. IT IS SUBMITTED THAT CONFIRMAT ION FROM THE CREDITORS COULD NOT BE FILED AS SHE IS A NON-RE SIDENT INDIAN (NRI). IT IS STATED THAT SHE IS NOT AN ASSES SEE TO TAX. HOWEVER, A COPY OF HER BANK ACCOUNT HAS BEEN FILED BUT NO DETAILS OF SOURCE OF HER INCOME COULD BE FILED. IN THE COURSE OF APPELLATE PROCEEDINGS, AN AFFIDAVIT FROM THE CRE DITOR SMT. MAYA DEVI ALONGIWTH A COPY OF PASSPORT WAS ALSO FIL ED. 4.5 IT IS SUBMITTED THAT A LOAN OF RS. 2.00 LACS WA S TAKEN BY CHEQUE FROM SHRI MOHAN LAL GUPTA ON 20-07- 2007 AND A COPY OF FORM 16 ALONGWITH COPY OF ITR FILED A ND BANK ITA NO.648/JP/2015 SHRI NITIN KUMAR RELA VS. ITO,WARD - DAUSA . 6 STATEMENT WAS FILED WITH THE AO. AO HAD MADE THE AD DITION AS SHRI M.L. GUPTA EARNS A SALARY INCOME OF RS. 2.4 0 LACS PER ANNUM AND DOES NOT HAVE THE CAPACITY TO GIVE LO AN TO THE APPELLANT. FURTHER, CASH DEPOSITS OF RS. 49,900/- H AVE BEEN MADE TWICE IN THE ACCOUNT OF THE CREDITOR BEFORE TH E ISSUE OF CHEQUE. 4.6 I HAVE CAREFULLY EXAMINED THE MATERIAL AVAILABLE ON RECORD AND FIND THAT THE APPELLANT HAS FAILED TO BRING ON RECORD ANY OTHER EVIDENCE TO CONTROVERT TH E FINDING GIVEN BY THE AO. APPELLANT HAS ONLY AN AFFIDAVIT FR OM THE CREDITOR SMT. MAYA DEVI AND NO OTHER INFORMATION RE GARDING THE CREDITWORTHINESS OF THE CREDITOR AND ALSO AS RE GARDS THE SOURCE OF DEPOSITS IN HER BANK ACCOUNT COULD BE FIL ED. THE APPELLANT HAS ALSO FAILED TO FILE ANY INFORMATION R EGARDING THE SOURCES OF HER INCOME. THUS, I HOLD THAT APPELL ANT HAS FAILED TO DISCHARGE THE ONUS WHICH IS PLACED UPON H IM U/S 68 OF THE IT ACT. THE MERE FACT THAT AMOUNT OF LOAN HA S BEEN RECEIVED THROUGH CHEQUE DOES NOT LEAD TO THE CONCLU SION THAT LOAN TRANSACTION IS GENUINE IN THE ABSENCE OF ANY E VIDENCE TO PROVE THE CREDITWORTHINESS OF THE CREDITOR AND GENU INENESS OF THE TRANSACTION. 4.7 FURTHER, AS REGARDS THE CREDITS FROM SHRI MOHAN LAL GUPTA ARE CONCERNED, THE SAME POSITION LI ES IN THAT CASE AS WELL. APPELLANT HAS FAILED TO ADDUCE S UFFICIENT EVIDENCE TO PROVE THE CREDITWORTHINESS OF THE CREDI TOR AS HE IS A SALARIED EMPLOYEE HAVING AN INCOME OF RS. 2.40 LACS AND NO CAPACITY TO LEND MONEY OF RS. 2.00 LACS. FURTHER , AO HAS FOUND OUT THAT THERE ARE CASH DEPOSITS OF RS. 49,90 0/- IN THE BANK ACCOUNT OF THE CREDITOR BEFORE ISSUE OF CHEQUE S. THE CASH DEPOSIT HAS BEEN MADE TWICE IN THE BANK ACCOUN T AND AN AMOUNT OF RS. 49,900/- HAS BEEN CHOSEN WITH A VI EW TO AVOID FURNISHING OF PAN IN THE BANK ACCOUNT AS CASH DEPOSITS OF RS. 50,000/- REQUIRE THE SAME. THUS, CL EARLY THE WHOLE TRANSACTION APPEARS TO HAVE BEEN ENTERED WITH A VIEW TO DEFEAT THE PROVISIONS OF LAW. 4.8 FURTHER, I FIND THAT VARIOUS COURTS HAVE HELD THAT IT IS INCUMBENT UPON THE ASSESSEE TO PRODUCE T HE ITA NO.648/JP/2015 SHRI NITIN KUMAR RELA VS. ITO,WARD - DAUSA . 7 NECESSARY EVIDENCE AS REQUIRED U/S 68 OF THE I.T. A CT AND PLACE RELIANCE ON THE FOLLOWING JUDGEMENTS (I) H ON'BLE PUNJAB & HARYANA HIGH COURT HAS HELD IN THE CASE OF PAPNEJA TRADERS VS. CIT REPORTED IN 337 ITR 172 (P&H)(2011) THAT ADDITION MADE ON ACCOUNT OF CASH DEPOSITS HELD TO BE JUSTIFIED AS THE ASSESSEE FAILE D TO PROVE THE CAPACITY OF THE CREDITOR AND GENUINENESS OF THE TRANSACTION. (II) HON'BLE SUPREME COURT IN THE CAS E OF VIJAY KUMARTALWAR VS. CIT REPORTED IN 330 ITR 1 (SC)(2010 ) HAS HELD THAT WHERE ASSESSEE DID NOT PRODUCE ANY EVIDEN CE TO REBUT THE PRESUMPTION DRAWN AGAINST HIM U/S 68 OF T HE I.T. ACT , THE ADDITION MADE BASED ON AMOUNTS CREDITED I N THE ACCOUNT U/S 68 WAS HELD TO BE VALID, IN THE ABSENCE OF ANY COGENT EVIDENCE. 4.9 IN VIEW OF THE ABOVE FACTS, I HOLD THAT APPELLA NT HAS NOT BEEN ABLE TO DISCHARGE THE ONUS AS REQUIRED UU68 OF THE I.T. ACT. THEREFORE, I CONFIRM THE ADDITION OF RS. 7.00 LACS MADE BY THE AO UNDER THIS HEAD 2.3 DURING THE COURSE OF HEARING, THE LD. AR OF THE ASSESSEE CONTENDS THAT THE ASSESSEE HAS DISCHARGED HIS BURDEN IN TERM S OF SECTION 68 OF THE ACT BY PROVIDING NECESSARY DOCUMENTS. 2.4 THE LD. DR ON THE OTHER HAND VEHEMENTLY CONTEND S THAT BEFORE AO THE ASSESSEE GAVE CONTRADICTORY STATEMENT FIRSTLY B Y FILING COPY OF ACCOUNT OF SMT. MAYA DEVI WITH THE REMARKS THAT SMT. MAYA D EVI IS DEAD AND THEREAFTER FILED A CLAIM THAT SHE WAS ALIVE AND NOT RETURNING IN INDIA BUT SHE WAS LIVING IN SOUTH AFRICA. SIMILARLY, AN AFFID AVIT WAS FILED AT THE STAGE OF LD. CIT(A) WHICH HAS NOT BEEN RELIED ON AN D NO SUPPORTING EVIDENCE IN THIS BEHALF WAS PRODUCED. THEREFORE, IT EMERGES FROM THE ITA NO.648/JP/2015 SHRI NITIN KUMAR RELA VS. ITO,WARD - DAUSA . 8 RECORDS THAT THE ASSESSEE HAS FAILED TO DISCHARGE H IS ONUS IN THIS BEHALF. SAME IS THE CASE WITH SHRI MOHAN LAL GUPTA. THE ASS ESSEE HAS FAILED TO DEMONSTRATE THAT SHRI MOHAN LAL GUPTA HAD CAPACITY TO LEND MONEY OF RS. 2.00 LACS BESIDES TRANSACTIONS HAVE BEEN DELIBE RATELY CALIBRATED AT RS. 49,900/- JUST SHORT OF RS. 50,000/- TO AVOID ANY CO MPUTER ENQUIRY AND SHRI MOHAN LAL GUPTA HAS NOT SHOWN TO HAVE OFFERED THE ALLEGED INTEREST HELD BY HIM. THUS ENTIRE TRANSACTION IS SHROUDED MY STERY. THEREFORE, THE ADDITION HAS BEEN RIGHTLY MADE BY THE AO. 2.5 APROPOS TRADING ADDITION, IT IS CONTENDED THAT ASSESSEE'S MAINTENANCE BOOKS OF ACCOUNT WAS NOT PROPER. THEREF ORE, ESTIMATE WAS INEVITABLE AND THE ADDITION HAS RIGHTLY BEEN MADE. 2.6 I HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. IT IS OBSERVED THAT WHEN THE A FFIDAVIT WAS FILED BY THE ASSESSEE BEFORE THE LD. CIT(A) THEN SAME BECOMES AN ADDITIONAL EVIDENCE AND THUS THE LD. CIT(A) SHOULD HAVE EITHER ACCEPTED OR REJECTED THE SAME. IT IS EMERGES FROM THE RECORD THAT THE ASSESSEE HAS BEEN TAKING INCONSISTENT PLEA I.E. FIRST CLAIMING THE CREDITOR TO BE DEAD AND THEN CLAIMING THE CREDITOR THAT SHE IS RESIDING IN SOUTH AFRICA. SIMILARLY, IN THE CASE OF ONE SHRI MOHAN LAL GUPTA, THERE SEEMS TO BE VARIOUS DISCREPANCIES WHICH NEEDS TO BE CLARIFIED. THUS BY CONSIDERING THE FACTS ITA NO.648/JP/2015 SHRI NITIN KUMAR RELA VS. ITO,WARD - DAUSA . 9 AND PECULIAR CIRCUMSTANCES OF THE CASE AND ALSO IN THE INTEREST OF JUSTICE THE ISSUE OF CASH CREDIT AMOUNTING TO RS. 7.00 LACS IS SET ASIDE AND RESTORED BACK TO THE FILE OF THE AO TO DECIDE IT AF RESH BY PROVIDING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESS EE. HENCE, THE GROUND NO. 1 OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PU RPOSES. 3.1 APROPOS GROUND NO. 2 AND 2.1, I SEE NO INFIRMIT Y IN THE ORDER OF THE LD. CIT(A) WHICH IS SUSTAINED. THUS GROUND NO. 2 AND 2.1 OF THE ASSESSEE ARE DISMISSED. 4.0 IN THE RESULT, APPEAL OF THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 21/04/2016. SD/- VKJ-IH-RKSYKUH (R.P.TOLANI) U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 21 /04/ 2016 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO:- 1. VIHYKFKHZ@ THE APPELLANT- SHRI NITIN KUMAR RELA, DAUSA 2. IZR;FKHZ@ THE RESPONDENT- THE ITO, WARD-DAUSA 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 648/JP/2015) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR