Smt. DAMYANTI S. SHREYAN, MUMBAI V. ITO Wd. 25(1)(1), MUMBAI

ITA 6795/MUM/2007

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 9295 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 23-11-2009
• Assessment Year: 2002-2003
• Appeal Filed On: 08-11-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NAVEEN GUPTA
• Assessee Lawyers: SHYAM C AGARWAL
• Keywords: Income from undisclosed sources; Additional evidence
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, D, MUMBAI BEFORE SHRI R V EASWAR, SENIOR VICE PRESIDENT AND SHRI P M JAGTAP, ACCOUNTANT MEMBER I T A NO: 6795/MUM/2007 (ASSESSMENT YEAR: 2002-03) MRS DAMYANTI S SHREYAN, MUMBAI APPELLANT (PAN: BBFPS6810K) VS INCOME TAX OFFICER 25(1)(1), MUMBAI RESPONDENT APPELLANT BY: SHRI SHYAM C AGARWAL RESPONDENT BY: SHRI NAVEEN GUPTA O R D E R R V EASWAR, SENIOR VICE PRESIDENT: THE ASSESSEE IN THIS APPEAL IS AN INDIVIDUAL. THE APPEAL RELATES TO THE ASSESSMENT YEAR 2002-03. 2. WHILE COMPLETING THE ASSESSMENT UNDER SECTION 14 3(3) READ WITH SECTION 147 OF THE INCOME TAX ACT, THE ASSESSING OFFICER DI D NOT ACCEPT THE CLAIM OF THE ASSESSEE THAT SHE RECEIVED THE FOLLOWING AMOUNTS WH ICH WERE INVESTED IN ACQUIRING A HOUSE PROPERTY: - (I) RS.1,00,000/- RECEIVED ON SALE OF ROOM (II) SALE OF JEWELLERY FOR RS.3,25,000/- (III) SALE OF KISAN VIKAS PATRA FOR RS.60,000/- THE ASSESSING OFFICER ACCORDINGLY BROUGHT THE AFORE SAID AMOUNTS TO TAX AS INCOME FROM UNDISCLOSED SOURCES. 3. THE ASSESSING OFFICER ALSO MADE AN ADDITION OF R S.1,95,000/- BEING UNEXPLAINED CASH DEPOSITS IN THE ASSESSEES BANK AC COUNT. IN DOING SO, HE REJECTED THE ASSESSEES PLEA THAT THE CASH DEPOSIT TO THE EXTENT OF RS.1,78,000/- 2 WAS MADE OUT OF SELF-WITHDRAWALS AND TO THE EXTENT OF RS.17,000/- CAME OUT OF THE ASSESSEES SAVINGS. 4. THE ABOVE ADDITIONS HAVING BEEN CONFIRMED BY THE CIT(A), THE ASSESSEE IS IN FURTHER APPEAL BEFORE THE TRIBUNAL. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE DEPARTMENTAL AUTHORITIES. AS REGARDS THE SALE OF R OOM FOR RS.1,00,000/- AND SALE OF JEWELLERY FOR RS.3,25,000/-, THE ASSESSEE COULD NOT FURNISH ANY MATERIAL OR EVIDENCE TO PROVE THE SALES BEFORE THE INCOME TAX A UTHORITIES. BEFORE US ALSO THE ASSESSEE WAS NOT ABLE TO ADDUCE ANY EVIDENCE FO R THE SALE OF THE ROOM. HOWEVER, FOR THE SALE OF THE JEWELLERY, THE ASSESSE E SUBMITTED FOUR BILLS, STATED TO HAVE BEEN ISSUED BY SIDDHI VINAYAK JEWELLERS OF SHI EKH MEMON STREET, MUMBAI, IN THE MONTHS OF MARCH, APRIL AND MAY 2001, SHOWING PURCHASE OF JEWELLERY FROM THE ASSESSEE. THESE BILLS WERE SOUGHT TO BE INTROD UCED AS ADDITIONAL EVIDENCE UNDER RULE 29 OF THE ITAT RULES. HOWEVER, NO REASO NS WERE ADVANCED ON BEHALF OF THE ASSESSEE AS TO WHY THIS EVIDENCE COUL D NOT BE ADDUCED BEFORE THE DEPARTMENTAL AUTHORITIES. THE REASONS STATED IN TH E ASSESSEES APPLICATION THAT SHE COULD NOT VISIT HER PARENTS DUE TO SOME REASON AND COLLECT THE BILLS FROM THEIR HOUSE APPEARS TO US TO BE VAGUE. WE, THEREFORE, RE JECT THE APPLICATION FILED UNDER RULE 29 AND REJECT THE ADDITIONAL EVIDENCE. AS REGARDS THE SALE OF KISAN VIKAS PATRA ALSO THERE IS NO EVIDENCE ADDUCED EITHE R BEFORE THE DEPARTMENTAL AUTHORITIES OR BEFORE US. SINCE NO EVIDENCE HAS BE EN ADDUCED BY THE ASSESSEE, WE ARE UNABLE TO INTERFERE WITH THE DECISION OF THE DEPARTMENTAL AUTHORITIES AND ACCORDINGLY CONFIRM THE AFORESAID THREE ADDITIONS. 3 6. AS REGARDS THE ADDITION OF RS.1,95,000/- ALSO TH E POSITION REMAINS THE SAME INASMUCH AS THERE IS NO EVIDENCE EITHER BEFORE THE INCOME TAX AUTHORITIES OR BEFORE US TO PROVE THE CLAIM THAT PART OF THE DE POSITS CAME OUT OF SELF- WITHDRAWALS AND PART OF IT CAME OUT OF SAVINGS. TH E ADDITION IS THEREFORE CONFIRMED. 7. IN THE RESULT, ALL THE ADDITIONS ARE CONFIRMED A ND THE APPEAL FILED BY THE ASSESSEE IS DISMISSED WITH NO ORDER AS TO COSTS. ORDER PRONOUNCED ON 8 TH JANUARY 2010. SD/- SD/- (P M JAGTAP) (R V EASWAR) ACCOUNTANT MEMBER SENIOR VICE PRESIDENT MUMBAI, DATED 8 TH JANUARY 2009 SALDANHA COPY TO: 1. MRS DAMYANTI S SHREYAN FLAT NO. B-101, GURUKUL APARTMENT, J S MARG DAHISAR (WEST), MUMBAI 400 068 2. ITO 25(1)(1) 3. CIT-XXV 4. CIT(A)-XXV 5. DR D BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI