The ITO,S.K.Ward-1, Himatnagar V. Shri Dharmeshkumar R.Patel Alias Dharmeshkumar R.Lungariya, Sabarkantha

ITA 780/AHD/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 72984 (ITAT-AHMEDABAD)
• Duration Of Justice: 11 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2014
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 12-02-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 18-03-2013
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL
• Keywords: Unexplained cash credit; Corroborative evidences

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD . .. . . .. . , , , , ! ! ! ! ' '' '. .. . . . . . #' #' #' #', , , , $ % $ % $ % $ % BEFORE SHRI D. K. TYAGI, JUDICIAL MEMBER AND SHRI N.S. SAINI, ACCOUNTANT MEMBER ! ! ! !./ ././ ./ ITA NO. 780/AHD/2013 ' ' (' ' ' (' ' ' (' ' ' (' / // / ASSESSMENT YEAR 2005-06 INCOME TAX OFFICER, WARD-1, HIMATNAGAR. VS DHARMESH R. PATEL ALIAS DHARMESHKUMAR R LUNAGARIYA, BHILODA, SABARKANTHA. PAN: ADIPL9718K )*/ APPELLANT +)* / RESPONDENT REVENUE BY : SH. P.L. KUREEL, SR. D.R. ASSESSEE(S) BY : NONE ,' - . /$/ // / DATE OF HEARING : 12/02/2014 01( . /$ / DATE OF PRONOUNCEMENT : 21/02/2014 2 2 2 2/ // / O R D E R PER SHRI N.S. SAINI, ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A)-VIII, AHMEDABAD DATED 20.12.2012. 2. THE SOLE GROUND OF APPEAL OF THE REVENUE IS THAT THE LD. CIT(A) ERRED IN LAW AND ON FACTS IN DIRECTING THE ASSESSING OFFICER TO REST RICT THE ADDITION MADE OF RS 11,63,366/- ON ACCOUNT OF UNEXPLAINED CASH TO RS 2,05,299/-. 3. NOTICE OF HEARING WAS SENT TO THE RESPONDENT ASS ESSEE BY REGISTERED POST WITH ACKNOWLEDGEMENT DUE ON 13.01.2014 WHICH WAS RETURNE D BY THE POSTAL AUTHORITIES WITH REMARKS LEFT ON 16.01.2014. THE BENCH WAS OF THE VIEW THAT THE APPEAL CAN BE HEARD AND DISPOSED OF WITHOUT THE ASSISTANCE OF THE ASSES SEE. THEREFORE, THE SAME WAS HEARD EX- PARTE QUA THE RESPONDENT ASSESSEE. ITA NO.780AHD/2013 DHARMESH R PATEL VS. ITO, WARD-1, HIMATNAGAR. FOR A.Y. 2005-06 - 2 - 4. AFTER CONSIDERING THE SUBMISSIONS OF THE LD. DR WHO MERELY SUPPORTED THE ORDER OF THE ASSESSING OFFICER, WE FIND THAT THE UNDISPUT ED FACTS ARE THAT THE ASSESSING OFFICER ADDED RS 11,66,366/- AS UNEXPLAINED CASH CREDIT TO THE TOTAL INCOME OF THE ASSESSEE ON THE GROUND THAT THE ASSESSEE FAILED TO EXPLAIN THE SOUR CE OF DEPOSIT WITH SUPPORTING EVIDENCES. 5. ON APPEAL, THE LD. CIT(A) OBSERVED THAT THE ASSE SSEE SUBMITTED BANK STATEMENT SHOWING BALANCE AS ON 24.02.2005 OF RS 2,05,299/-. HE ALSO OBSERVED THAT AFTER GOING THROUGH THE BANK STATEMENT, IT IS OBSERVED THAT THE RE WERE FREQUENT WITHDRAWALS AND DEPOSITS OF CASH DURING THE YEAR BY THE ASSESSEE. HE THEREFORE, OPINED THAT AGGREGATE OF CASH DEPOSIT CANNOT BE THE UNEXPLAINED CREDIT IN SU CH A SITUATION. HE, THEREFORE, RESTRICTED THE ADDITION OF RS 2,05,299/- BEING THE PEAK OF CAS H DEPOSITS AND WITHDRAWALS MADE BY THE ASSESSEE IN THE BANK. THE LD. DR COULD NOT BRI NG ANY MATERIAL ON RECORD TO SHOW THAT THE EARLIER WITHDRAWALS OF CASH MADE BY THE ASSESSE E WERE NOT AVAILABLE WITH THE ASSESSEE TO MAKE THE DEPOSIT OF THE SAME IN THE BANK ON THE SUBSEQUENT DATE. HE ALSO COULD NOT POINT OUT ANY SPECIFIC ERROR IN THE ORDER OF THE LD . CIT(A). WE, THEREFORE, DO NOT FIND ANY MERIT IN THIS GROUND OF APPEAL OF THE REVENUE WHICH IS HEREBY DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE COURT ON FRIDAY, THE 21 ST OF FEBRUARY, 2014 AT AHMEDABAD. SD/- SD/- (D. K. TYAGI) JUDICIAL MEMBER ( N.S. SAINI) ACCOUNTANT MEMBER AHMEDABAD; DATED 21/02/2014 GHANSHYAM MAURYA GHANSHYAM MAURYA GHANSHYAM MAURYA GHANSHYAM MAURYA, SR. P , SR. P , SR. P , SR. P. .. .S SS S. .. .