NAZREEN AZAM KHAN, MUMBAI V. ACIT CC 38, MUMBAI

ITA 7590/MUM/2013

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2889 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 26-12-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA S ANJARIA LD
• Section: 143(3); 69

Judgement Text

1 ITA.NO.7590/MUM/2013 NAZREEN AZAM KHAN ASSESSMENT YEAR 2008-09 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, JM AND HONBLE SHRIMANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.7590/MUM/2013 ( / ASSESSMENT YEAR: 2008-09) NAZREEN AZAM KHAN 171-A, WINDERMERE CHS LTD., OFF LINK ROAD, NEAR OSHIWARA POLICE STATION ANDHERI (W), MUMBAI-400 053 / VS. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-38 AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020 ./ ./PAN/GIR NO. AAPPK-2947-P ( ! /APPELLANT ) : ( '#! / RESPONDENT ) A SSESSEE BY : NONE REVENUE BY : CHAITANYA S. ANJARIA, LD. DR / DATE O F HEARING : 17/10/2018 / DATE OF PRONOUNCEMENT : 02/11/2018 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [AY] 2008- 09 CONTEST THE ORDER OF LD. COMMISSIONER OF INCOME- TAX (APPEALS)- 39, MUMBAI, [CIT(A)], APPEAL NO.CIT(A)-39/IT-22/2013-14 DATED 10/10/2013 QUA CONFIRMATION OF PENALTY U/S 271(1)(C) FOR RS.24.15 2 ITA.NO.7590/MUM/2013 NAZREEN AZAM KHAN ASSESSMENT YEAR 2008-09 LACS AS IMPOSED BY LD. ASSESSING OFFICER VIDE ORDER DATED 26/03/2012. 2. NONE HAS APPEARED FOR ASSESSEE AND NO VALID ADJO URNMENT APPLICATION IS ON RECORD. THE PERUSAL OF ORDER SHEE T ENTRIES REVEALS THAT THE ASSESSEE HAS REMAINED NEGLIGENT IN ATTENDI NG THE HEARING ON VARIOUS OCCASIONS. LEFT WITH NO OPTION, WE PROCEED TO DISPOSE-OFF THE SAME IN TERMS OF RULE 24 OF THE INCOME TAX (APPELLATE TRIBUNAL) RULES, 1963 ON THE BASIS OF MATERIAL AVAILABLE ON RECORD AND AF TER HEARING LD. DEPARTMENTAL REPRESENTATIVE, SHRI CHAITANYA S. ANJARIA WHO JUSTIFIED THE IMPOSITION OF PENALTY. 3. THE FACTS ON RECORD REVEAL THAT THE ASSESSEE BEI NG RESIDENT INDIVIDUAL WAS ASSESSED U/S 143(3) ON 31/12/2009 AT RS.115.39 LACS AFTER CERTAIN ADDITIONS AS AGAINST RETURNED INCOME OF RS.44.32 LACS. AGAINST AGGREGATE QUANTUM ADDITIONS OF RS.71.07 LAC S U/S 69 & 69C, THE ASSESSEE HAS BEEN SADDLED WITH IMPUGNED PENALTY OF RS.24.15 LACS U/S 271(1)(C). THE SAME HAS BEEN CONFIRMED BY LD. FIRST APPELLATE AUTHORITY SINCE THE ASSESSEE COULD NOT SU BSTANTIATE THE SOURCE OF ACQUISITION OF JEWELLERY OF RS.70.07 LACS AND EXPENDITURE OF RS. 1 LAC. AGGRIEVED, THE ASSESSEE IS IN FURTHER A PPEAL BEFORE US. 4. UPON CAREFUL CONSIDERATION OF ORDERS OF LOWER AU THORITIES, WE FIND NO INFIRMITY IN THE IMPUGNED ORDER SINCE THE COMPLE TE ONUS TO SUBSTANTIATE THE JEWELLERY FOUND DURING SEARCH OPER ATIONS WAS ON ASSESSEE WHICH HAS REMAINED UN-DISCHARGED. SIMILARL Y, NO EVIDENCE 3 ITA.NO.7590/MUM/2013 NAZREEN AZAM KHAN ASSESSMENT YEAR 2008-09 COULD BE FURNISHED BY THE ASSESSEE TO EXPLAIN THE E XPENDITURE OF RS.1 LAC. THEREFORE, THE IMPUGNED ORDER REQUIRES NO INTE RFERENCE ON OUR PART. 5. THE APPEAL STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND NOVEMBER, 2018. SD/- SD/- (MAHAVIR SINGH) ( MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED :02/11/2018 SR.PS:-THIRUMALESH/JV,SR.PS ! / COPY OF THE ORDER FORWARDED TO : 1. ! / THE APPELLANT 2. '#! / THE RESPONDENT 3. * ( ) / THE CIT(A) 4. * / CIT CONCERNED 5. +, '%- , - , / DR, ITAT, MUMBAI 6. ,./0 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI