Kalpesh Babulal Panara, Ahmedabad V. The Income Tax Officer, Ward-6(3), Ahmedabad

MA 159/AHD/2016

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5641 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 5 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-01-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 23-08-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V K SINGH
• Assessee Lawyers: S N DIVATIA
• Keywords: Peak credit

Judgement Text

, M MM MH HH H IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD LOZJH EGKOHJ IZLKN] U;KF;D LNL; ,OA VEJTHR FLAG] YS [KK LNL; LOZJH EGKOHJ IZLKN] U;KF;D LNL; ,OA VEJTHR FLAG] YS [KK LNL; LOZJH EGKOHJ IZLKN] U;KF;D LNL; ,OA VEJTHR FLAG] YS [KK LNL; LOZJH EGKOHJ IZLKN] U;KF;D LNL; ,OA VEJTHR FLAG] YS [KK LNL; DS LE{KA DS LE{KA DS LE{KA DS LE{KA (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ) MISC. APPLICATION NO.159/AHD/2016 (ARISING OUT OF ITA NO.2575/AHD/2011) (ASSESSMENT YEAR :2007-08) KALPESH BABULAL PANARA, 16, VIVEKANAND SOCIETY, OPP. KORDIALA ENGLISH SCHOOL, SANAND, AHMEDABAD 382 110 / VS. THE INCOME TAX OFFICER, WARD 6(3), AHMEDABAD. ./ ./ PAN/GIR NO. : ALPPP 2793 L ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI S. N. DIVATIA, AR / RESPONDENT BY : SHRI V. K. SINGH, SR. DR / DATE OF HEARING 19/01/2018 !'# / DATE OF PRONOUNCEMENT 23/01/2018 $% / O R D E R PER MAHAVIR PRASAD, JUDICIAL MEMBER : BY THIS MISCELLANEOUS APPLICATION, THE APPLICANT H AS BEEN SERVED ON 21/07/2016 ORDER PASSED BY THE APPELLATE TRIBUNA L, AHMEDABAD BENCH-D, FOR A.Y.2007-08 IN ITA NO.2575/AHD/2011, WHEREBY THE APPEALS BY THE APPLICANT HAS BEEN DISMISSED. 2. THE APPLICANT CASE IS THAT HE HAD FILED A PAPER BOOK CONTAINING 1- 23 PAGES AND ITS STATEMENT OF ACCOUNT WITH KALUPUR COMMERCIAL CO.OP BANK. THE APPLICANT HAD ALSO MENTIONED THAT HE FILE D COMPLETE DETAILS RELATING TO THE CASH DEPOSITS AND WITHDRAWALS IN TH E SAID BANK ACCOUNT. MA NO.159 /AHD/2016(IN ITA NO.2575/AHD/2011) KALPESH BABULAL PANARA VS. ITO A.Y. 2007-08 - 2 - THE APPLICANT SUBMITTED THAT DURING THE COURSE OF H EARING OF THE CONNECTED APPEAL, THE APPLICANT HAD RAISED AN ALTER NATIVE CONTENTION AS TO THE PEAK THEORY TO BE APPLIED IN DETERMINING THE AL LEGED UNDISCLOSED CASH DEPOSITS AND FURTHER STATED THAT ITAT HAS SIMPLY CO NFIRMED THE ORDER OF THE LD. CIT(A) AND THE AFORESAID ALTERNATIVE CONTEN TION HAS NOT BEEN CONSIDERED. THE APPLICANT REQUESTED THAT SAME IS AP PARENT AND GLARING MISTAKE OF HOLDING THAT THE ADDITION OF RS.13,19,30 0/- IS REQUIRED TO BE RECTIFIED. 3. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUGH THE RELEVANT ITAT ORDER. APPLICANT WAS REMINDED THAT WHATEVER DO CUMENTS IS REFERRED BY THE CONCERN PARTY UNDER RULE 18 OF ITAT RULES, S AME DOCUMENT CAN BE CONSIDERED BY THE ITAT, NOT THE WHOLE PAPER BOOK FI LED BY THE CONCERNED. THE ITAT HAS DISCUSSED THE MATTER CONTAI NING TO PEAK THEORY IN ITS ORDER AT PARA NO.3. THE ITAT HAS GIVEN THE C ONCLUDING FINDING AT PARA NO.4.1 OF ITS ORDER. 4. IN OUR CONSIDERED OPINION, THERE IS NO APPARENT MISTAKE IN THE ORDER PASSED BY THE ITAT IN ITA NO.2575/AHD/2011 FOR ASST . YEAR 2007-08. THEREFORE, WE ARE NOT INCLINE TO MAKE ANY RECTIFICA TION IN THIS ORDER. 5. IN THE RESULT, MISC. APPLICATION FILED BY THE AP PLICANT IS DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 23/01/2018 SD/- SD/- VEJTHR FLAG VEJTHR FLAG VEJTHR FLAG VEJTHR FLAG &' $ ( $ ) ()* $ ) ( AMARJIT SINGH ) ( MAHAVIR PR ASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 23/01/2018 PRITI YADAV, SR.PS MA NO.159 /AHD/2016(IN ITA NO.2575/AHD/2011) KALPESH BABULAL PANARA VS. ITO A.Y. 2007-08 - 3 - ! ' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. , -. / / CONCERNED CIT 4. / () / THE CIT(A)- 5. 012 **-. , -.# , '&$,$ / DR, ITAT, AHMEDABAD 6. 245 6 / GUARD FILE. # $ / BY ORDER, 0 * //TRUE COPY// %/$ &' ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD TRUE COPY 1. DATE OF DICTATION .19/01/2018 (DICTATION-PAD 1 PAGES ATTACHED AT THE END OF THIS APPEAL-FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 19/01/2018 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER