MOUSUMI MANUH VISWASH, MUMBAI V. ITO 7(1)(4), MUMBAI

ITA 6518/MUM/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 0344 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-08-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-03-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 27-10-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T A KHAN LD
• Keywords: Gift; Condonation of delay
• Section: 143(3); 68

Judgement Text

ITA NO.6518/M/2014 MOUSUMI MANUH VISWASH ASSESSMENT YEAR-2009-10 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE SHRI JOGINDER SINGH, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.6518/MUM/2014 ( / ASSESSMENT YEAR: 2009-10) MOUSUMI MANUH VISWASH 1105,11 TH FLOOR GODS GIFT TOWER NEXT TO ESIC BHAVAN N.M.JOSHI MARG LOWER PAREL(W),MUMBAI-400 013 / VS. INCOME TAX OFFICER 7(1)(4) ROOM NO.665,6 TH FLOOR AAYKAR BHAVAN M.K.ROAD MUMBAI -400 020 ! ./ ./PAN/GIR NO. ABZPV-1239-J ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) A SSESSEE BY : NONE RE VENUE BY : T.A.KHAN, LD. DR / DATE OF HEARING : 02/08/2017 / DATE OF PRONOUNCEMENT : 16 /08/2017 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE CAPTIONED APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [AY] 2009-10 ASSAILS THE ORDER OF LD. COMMISSIONER OF IN COME TAX (APPEALS)- 21 [CIT(A)], MUMBAI DATED 26/03/2013. NONE HAS APPE ARED ON BEHALF OF ASSESSEE DESPITE BEING PROVIDED WITH SEVERAL OPPORT UNITIES OF BEING ITA NO.6518/M/2014 MOUSUMI MANUH VISWASH ASSESSMENT YEAR-2009-10 2 HEARD AS PER ORDER SHEET ENTRIES AND NO ADJOURNMENT PETITION IS ON RECORD. THEREFORE, LEFT WITH NO OPTION, WE PROCEED TO DECIDE THE SAME ON THE BASIS OF MATERIAL AVAILABLE ON RECORD AND AFTER HEARING LD. DEPARTMENTAL REPRESENTATIVE. 2. THE REGISTRY HAS NOTED THAT THE APPEAL HAS BEEN FILED WITH A DELAY OF 490 DAYS. THE ASSESSEE HAS FILED A REQUEST FOR C ONDONATION OF DELAY AND ATTRIBUTED THE DELAY TO LABOR PROBLEM AND ADVER SE BUSINESS CONDITIONS BEING FACED BY THE ASSESSEE. HOWEVER, TH E SAME IN NOT SUPPORTED WITH ANY DOCUMENTARY EVIDENCES / AFFIDAVI T ETC. 3. FACTS IN BRIEF ARE THAT THE ASSESSEE, BEING RESI DENT INDIVIDUAL AND DIRECTOR OF A CONCERN NAMELY PRINTAGE STATIONERY PRIVATE LTD. , HAS BEEN ASSESSED FOR IMPUGNED AY U/S 143(3) ON 20/12/2011 A T RS.70,87,090/- AFTER CERTAIN ADDITIONS / DISALLOWANCES AS AGAINST RETURNED INCOME OF RS.1,67,080/- FILED BY THE ASSESSEE ON 29/09/2009. 4. DURING ASSESSMENT PROCEEDINGS, IT WAS NOTED THAT THE ASSESSEE DEPOSITED A SUM OF RS.68,06,950/- IN CASH IN SAVING BANK ACCOUNT NO. 45059 HELD WITH APNA SAHAKARI BANK LTD., LOWER PAREL BRANCH, MUMBAI AGAINST WHICH NO EXPLANATION COULD BE FURNISHED AND ACCORDINGLY, THE SAME WAS TREATED AS CASH CREDIT U/S 68 AND ADDED TO THE INCOME OF THE ASSESSEE. SIMILARLY, THE ASSESSEE DEPOSITED CHEQUES FOR RS.1,13,000/- IN THE SAME BANK ACCOUNT, WHICH WERE STATED TO BE L OAN RECEIVED FROM TWO CONCERNS BUT NO CONFIRMATION ETC. WAS FILED AGA INST THE SAME AND CONSEQUENTLY, ADDED TO THE INCOME OF THE ASSESSEE A S CASH CREDIT U/S 68. ITA NO.6518/M/2014 MOUSUMI MANUH VISWASH ASSESSMENT YEAR-2009-10 3 5. AGGRIEVED, THE ASSESSEE CONTESTED THE ADDITIONS WITHOUT ANY SUCCESS BEFORE LD. CIT(A) VIDE IMPUGNED ORDER DATED 26/03/2013 WHERE NO SUBMISSIONS / EVIDENCES WERE FILED BY THE ASSESS EE TO CONTEST THE ADDITIONS AND RESULTANTLY, THE STAND OF LD. AO WAS CONFIRMED. AGGRIEVED, THE ASSESSEE IS IN FURTHER APPEAL BEFORE US. 6. THE LD. DEPARTMENTAL REPRESENTATIVE [DR] CONTEND ED THAT THE CIRCUMSTANCES DO NOT JUSTIFY CONDONATION OF DELAY A ND DREW OUR ATTENTION TO THE FACT THAT THE ASSESSEE COULD NOT CONTEST THE ADDITION IN ANY MANNER BEFORE LOWER AUTHORITIES AND THEREFORE, THER E IS NO SUBSTANCE IN ASSESSEES APPEAL. 7. AFTER HEARING THE CONTENTIONS AND PERUSING RELEV ANT MATERIAL ON RECORD, WE CONCUR WITH THE STAND OF LD. DR SINCE TH E ASSESSEE HAS NEGLECTED TO CONTEST THE ADDITION IN ANY MANNER BEF ORE THE LOWER AUTHORITIES. EVEN THE REQUEST FOR CONDONATION OF DE LAY BEFORE US IS NOT PROPER AND LACK DOCUMENTARY EVIDENCES. HENCE, WE DO NOT FIND ANY SUBSTANCE IN ASSESSEES APPEAL. 8. RESULTANTLY, THE APPEAL FILED BY THE ASSESSEE ST ANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH AUGUST, 2017. SD/- SD/- (JOGINDER SINGH) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 16 .08.2017 SR.PS:- THIRUMALESH ITA NO.6518/M/2014 MOUSUMI MANUH VISWASH ASSESSMENT YEAR-2009-10 4 / 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