Rajesh Ruhil, Rohtak V. ITO,ward-5, Rohtak

ITA 832/DEL/2020

AI Insights

The case involves an appeal by Rajesh Ruhil against the order of the CIT(A), Rohtak, which added Rs. 39 lakhs to his income on account of unexplained cash deposits. The primary contention was whether Ruhil had JCB machines (JS140TE and JS200) available for sale, which were allegedly sold for cash to different parties in 2012. The Tribunal's decision focused on verifying the existence of these machines and the authenticity of the transactions.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131077 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 17-01-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 17-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

Page | 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’, NEW DELHI Before Sh. N. K. Choudhry, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 832/Del/2020: Asstt. Year: 2013-14 Rajesh Ruhil, C/o. CA, NC Garg, Mal Godam Road, Rohtak, Haryana Vs ITO, Ward-5, Rohtak (APPELLANT) (RESPONDENT) PAN No. ANCPR9819D Assessee by : Ms. Mansi Jain, CA Sh. Akhil Singhal, CA Revenue by : Sh. S. L. Verma, Sr. DR Date of Hearing: 18.01.2023 Date of Pronouncement: 24.01.2023 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against the order of the ld. CIT(A), Rohtak dated 16.12.2019. Cash deposit of Rs. 39 lacs: 2. The only issue pressed by the ld AR pertains to addition of Rs. 39 lacs made by the AO on account of deposits in the bank. 4. We have gone through the entire factum and heard the arguments of both the parties. The issue narrows down to as to whether the assessee had JCB machines JS140TE and JS 200 which have been purportedly sold to two different parties namely Ramvir Ashok ,Brahm putr on 01.04.2012 and on 22.08.2012. The only issue to be Page | 2 examined is whether the assessee had these machineries available with him so that he could sell these machines to the parties in cash. The AO is directed to verify the same and the assessee is directed to submit the details before the AO with regard to existence of these machines along with the details of purchase of machines at the relevant time. The existence of machines proves the sale of machines and the failure to prove of the existence of machines would lead to addition of these amounts in the hands of the assessee. The AO may take decision in accordance with the provision of the Act after due enquiry. Order Pronounced in the Open Court on 24/01/2023. Sd/- Sd/- (N. K. Choudhry) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 24/01/2023 *Ajay Kumar Keot, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR