Shri Virendra Oswal, Bhopal V. THE ITO 1(2), Bhopal

ITA 849/IND/2016

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 4438 (ITAT-INDORE)
• Duration Of Justice: 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-09-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 11-08-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE .., .., % BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND SHRI O.P. MEENA, ACCOUNTANT MEMBER SHRI VIRENDRA OSWAL, PLOT NO.18,ZONE II, M.P.NAGAR, BHOPAL .. ./ PAN: AABPO1140L VS. ITO, 1(2), BHOPAL / APPELLANT / RESPONDENT / APPELLANT BY SHRI ANIL KHABYA, CA / RESPONDENT BY SHRI MOHD. JAVED, SR. DR DATE OF HEARING 29.09.2016 DATE OF PRONOUNCEMENT 29.09.2016 / O R D E R PER O.P. MEENA, ACCOUTANT MEMEBR. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF LD. COMMISSIONER OF INCOME-TAX (APPEALS)-I, BHOPAL .. . / I.T.A. NO. 849/IND/2016 %' ' / ASSESSMENT YEAR: 2012-13 I.T.A.NO. 849/IND/2016/A.Y.2012-13/ SHRI VIRENDRA O SWAL PAGE 2 OF 4 [HEREINAFTER REFERRED TO AS THE CIT(A)] DATED 25.05 .2016 AND PERTAINS TO ASSESSMENT YEAR 2012-13 AS AGAINST APPE AL DECIDED IN ASSESSMENT ORDER PASSED U/S 143(3) OF T HE ACT DATED 23.1.2015 OF ITO WARD 1(2), BHOPAL [HEREINAFT ER REFERRED TO AS THE AO]. 2. THE ONLY ONE GROUND OF APPEAL WHICH RELATES TO CONFIRMING THE ADDITION OF RS. 3,99,488/- AS UNEXPL AINED INVESTMENT IN CAPITAL ACCOUNT. 3. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT THE ASSESSEE HAS SHOWN ADDITION TO CAPITAL ACCOUNT AT RS . 3,99,488/-. IT WAS STATED BEFORE THE AO THAT THE ASS ESSEE HAS RECEIVED GOLD JEWELLERY FORM HIS MOTHER BY WAY OF G IFT THROUGH WILL, WHICH HAD BEEN SOLD IN THE OPEN MARKET FOR RS. 3,99,488/-. COPIES OF SALE BILLS WERE ALSO FILED. HO WEVER, WHEN THE AO ASKED THE ASSESSEE TO SUBMIT THE WILL OF HIS MOTHER, A WILL DATED 20.11.2011 WAS SUBMITTED BY THE ASSESSEE. HOWEVER, THERE WAS NO MENTION OF THIS JEWELLERY IN T HE SAID WILL. THEREFORE, THE AO MADE THE ADDITION. 4. BEFORE THE CIT(A), SOME BILLS OF SALE OF JEWELLERY WERE FURNISHED. HOWEVER, NO EVIDENCE HAS BEEN SUBMITTED WITH I.T.A.NO. 849/IND/2016/A.Y.2012-13/ SHRI VIRENDRA O SWAL PAGE 3 OF 4 REGARD TO THE OWNERSHIP AND THE SOURCE OF THE JEWELL ERY. NO EVIDENCE HAD BEEN GIVEN THAT THE SAID JEWELLERY, WHI CH WAS SOLD BELONGED TO THE MOTHER OF THE ASSESSEE AND THA T IT HAD BEEN GIVEN TO THE ASSESSEE. ALSO NO EVIDENCE/SOURCE HAS BEEN SHOWN BY THE ASSESSEE, WHICH COULD JUSTIFY THAT THE A SSESSEE HIMSELF OWNED THE JEWELLERY FOR WHICH SALE HAD BEEN T AKEN PLACE NOR ANY COPY OF PURCHASE BILL AND COPY OF WEAL TH TAX RETURN WAS FILED. ACCORDINGLY, THE LD. CIT(A) HAS CO NFIRMED THE SAID ADDITION. 5. BEFORE US, IT WAS CONTENDED BY THE LD. AUTHORIZED REPRESENTATIVE OF THE ASSESSEE THAT THE ASSESSEE RE CEIVED OLD GOLD JEWELLERY OF HER MOTHER DURING HER LIFE TIME, AS SHE WAS A CANCER PATIENT AND WAS SERIOUSLY ILL. SHE, THEREAFTE R, EXECUTED HER WILL IN RESPECT OF HER MOVABLE PROPERTIES IN FA VOUR OF OTHER SON AND IMMOVABLE PROPERTY TO BOTH THE SONS. SUCH J EWELLERY WAS HANDED OVER TO THE ASSESSEE PRIOR TO THE EXECUTI ON OF THE WILL, THEREFORE, THAT WAS NOT MENTIONED IN HER WILL. 6. WE HAVE CONSIDERED THE FACTS AND MATERIALS AVAILABL E ON RECORD. WE FIND FROM THE WILL THAT THERE IS NO MENTION REGARDING ANY JEWELLERY GIVEN TO ANY ONE OF HIS SONS , RATHER IT I.T.A.NO. 849/IND/2016/A.Y.2012-13/ SHRI VIRENDRA O SWAL PAGE 4 OF 4 HAS BEEN MENTIONED IN THE WILL THAT SHE HAS PERFORM ED MARRIAGE OF HER DAUGHTER VANDANA WITH THE COOPERATIO N OF BOTH THE SONS AND AFTER OBTAINING FROM THAT JEWELLE RY, HOUSEHOLD EQUIPMENT ETC. AS PER THEIR CAPACITY WERE PURCHASED. THUS, THE CLAIM OF THE ASSESSEE THAT JEW ELLERY WAS RECEIVED FROM HER MOTHER BY WAY OF WILL IS NOT JUST IFIED. ACCORDINGLY, THE FINDINGS OF THE LOWER AUTHORITIES ARE CONFIRMED. THIS GROUND OF APPEAL IS, THEREFORE, DIS MISSED. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE S DISMISS ED. THE ORDER HAS BEEN PRONOUNCED IN OPEN COURT ON THE 29 TH SEPTEMBER, 2016. SD/- (..) (D.T.GARASIA) JUDICIAL MEMBER SD/- (..) (O.P.MEENA) ACCOUNTANT MEMBER * / DATED : 29 TH SEPTEMBER, 2016. CPU*