Sh. Iqbal Singh Gumber, Chandigarh V. DCIT, Chandigarh

ITA 75/CHANDI/2013

• Counselvise Citation: 7521514 RSA 2013
• Duration Of Justice: 2 year(s) 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-11-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 16-11-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 28-01-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K MITTAL
• Assessee Lawyers: SUDHIR SEHGAL
• Keywords: Corroborative evidences

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH,CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND MS.RANO JAIN, ACCOUNTANT MEMBER ITA NO. 75/CHD/2013 ASSESSMENT YEAR: 2009-10 SHRI IQBAL SINGH GUMBER, VS THE DCIT, C/O LAKSHMI ENERGY & CENTRAL CIRCLE-I, FOODS LTD., CENTR AL REVENUE BUILDING, SCO 18-19, SECTOR-9, SECTOR 17,CHANDIGARH. CHANDIGARH. PAN: AAIPS7022C (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SUDHIR SEHGAL RESPONDENT BY : SHRI S.K.MITTAL DATE OF HEARING : 16.11.2015 DATE OF PRONOUNCEMENT : 18.11.2015 O R D E R PER BHAVNESH SAINI,JM THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORD ER OF LD. CIT(APPEALS), CENTRAL, GURGAON DATED 26.11.2 012 FOR ASSESSMENT YEAR 2009-10 CHALLENGING THE ADDITION OF RS. 14 LACS. 2. BRIEFLY THE FACTS OF THE CASE ARE THAT DURING TH E COURSE OF SEARCH, CASH OF RS. 14,88,500/- WAS FOUND FROM T HE RESIDENCE OF ASSESSEE. IN HIS STATEMENT RECORDED D URING THE COURSE OF SEARCH, ASSESSEE STATED THAT RS. 14 LACS BELONG TO M/S LAKSHMI ENERGY & FOODS LTD. THE ASSESSING OFFI CER REFERRED TO THE STATEMENT OF THE ASSESSEE RECORDED DURING THE 2 COURSE OF SEARCH. THE ASSESSEE WAS ASKED TO PROVID E DOCUMENTARY EVIDENCE IN SUPPORT OF THIS CONTENTION THAT THE CASH BELONGS TO M/S LAKSHMI ENERGY & FOODS LTD. NO EVIDENCE WAS PRODUCED BY ASSESSEE, THEREFORE, ASSES SING OFFICER TREATED RS. 14 LACS CASH AS UNDISCLOSED INC OME OF THE ASSESSEE AND ADDED BACK UNDER SECTION 69A OF THE IN COME TAX ACT. THE LD. CIT(APPEALS) CONFIRMED THE ADDITI ON. 3. WE HAVE HEARD LD. REPRESENTATIVES OF BOTH THE PA RTIES AND PERUSED THE MATERIAL ON RECORD. THE ASSESSEE C LAIMED DURING THE COURSE OF SEARCH THAT THE CASH FOUND FRO M HIS RESIDENCE BELONGS TO M/S LAKSHMI ENERGY & FOODS LTD . HOWEVER, NO SUPPORTING EVIDENCE WAS FILED TO EXPLAI N THE SOURCE OF THE CASH. THE LD. COUNSEL FOR THE ASSESS EE REFERRED TO SEVERAL STATEMENTS TO SHOW THAT IN GROUP CASES, SUFFICIENT CASH WAS AVAILABLE AND IN OTHER CASE, THERE WAS NEG ATIVE CASH BALANCE. THE LD. DR FROM THOSE STATEMENTS POINTED OUT THAT THERE IS A CONTRADICTION IN THE STATEMENTS OF THE A SSESSEE AND OTHERS RECORDED DURING THE COURSE OF SEARCH. HOWEV ER, THE FACT REMAINED THAT ASSESSEE HAS FAILED TO PROVE ANY SOURCE OF THE CASH FOUND FROM HIS RESIDENCE. THE ASSESSEE HA S FAILED TO PROVE IF ANY IMPREST ACCOUNT WAS MAINTAINED BY T HE ASSESSEE OR OTHERS TO EXPLAIN THE AVAILABILITY OF T HE CASH FOUND DURING THE COURSE OF SEARCH. THE ASSESSEE HA S THUS, DID NOT FURNISH ANY RELIABLE OR COGENT EVIDENCE BEF ORE THE AUTHORITIES BELOW TO EXPLAIN THAT THE CASH BELONG T O M/S LAKSHMI EENERGY & FOODS LTD. MERE STATEMENT GIVEN AT THE STAGE OF SEARCH BY ITSELF WOULD NOT PROVE THE SOURC E OF THE CASH FOUND FROM THE RESIDENCE OF THE ASSESSEE. IN THE 3 ABSENCE OF ANY RELEVANT OR COGENT EVIDENCE ON RECOR D, WE DO NOT FIND ANY JUSTIFICATION TO INTERFERE WITH THE OR DERS OF AUTHORITIES BELOW. WE CONFIRM THE ORDERS OF AUTHOR ITIES BELOW AND DISMISS THE APPEAL OF THE ASSESSEE. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (RANO JAIN) (BHAVNES H SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 18 TH NOVEMBER, 2015. POONAM COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT(A), THE CIT, DR ASSISTANT REGISTRAR, ITAT/CHD