ARUN R. PATIL, MUMBAI v. ACIT CIR 1, MUMBAI

ITA 1536/MUM/2011 | 2007-2008
Pronouncement Date: 12-10-2016 | Result: Dismissed

Appeal Details

RSA Number 153619914 RSA 2011
Assessee PAN AEXPP4578H
Bench Mumbai
Appeal Number ITA 1536/MUM/2011
Duration Of Justice 5 year(s) 7 month(s) 19 day(s)
Appellant ARUN R. PATIL, MUMBAI
Respondent ACIT CIR 1, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 12-10-2016
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted I
Tribunal Order Date 12-01-2016
Date Of Final Hearing 28-07-2015
Next Hearing Date 28-07-2015
Assessment Year 2007-2008
Appeal Filed On 22-02-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH MUMBAI BEFORE S/SHRI B.R.BASKARAN AM AND AMARJIT SINGH JM ./ I.T.A. NO . 1536 / MUM/ 201 1 ( / ASSESSMENT YEA R : 200 7 - 08 ) ARUN RAMKR ISHNA PATIL C/O N A KULKARNI ADS 1 ST FLOOR WADAL BUILDING MANPADA ROAD DOMBIVALI (E) DIST. THANE. / VS. ASSTT. COMMISSIONER OF INCOME TAX CIRCLE - 1 IT ARSHART PARK 6 TH FLOOR - A WING Z ROAD WAGLE INDUSTRIAL ESTATE THANE(W) ( / APPELLANT ) .. ( / RESPONDENT ) ./ I.T.A. NO .2721/ MUM/ 2011 ( / ASSESSMENT YEA R : 2007 - 08 ) DY.COMMISSIONER OF INCOME TAX CIRCLE - 1 VARDAAN BUILDING LOWER GROUND FLOOR WAGLE INDUSTRIAL ESTATE MIDC THANE - 400604 / VS. ARUN RAMKRISHNA PATIL C/O N A KULKARNI ADS 1 ST FLOOR WADAL BUILDING MANPADA ROAD DOMBIVALI (E) DIST. THANE. ( / APPELLANT ) .. ( / RESPONDENT ) ./ ./PAN. : AEXPP4578H / A SSESSEE BY NONE / RE VENUE BY SHRI GANESH BARE / DATE OF HEARING : 1 2 .1.20 16 / DATE OF PRONOUNCEMENT: 12 .1.2016 2721 /MUM/201 1 AND 1536/M/2011 2 / O R D E R P ER B R BASKAR AN AM: THESE CROSS APPEALS ARE DIRECTED AGAINST THE ORDER DATED 13.12.2010 PASSED BY THE LD.CIT(A) - 2 THANE AND THEY RELATE TO THE ASSESSMENT YEAR 2007 - 08. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE EVEN THOUGH THE APPEALS WERE CLUBBED TOGETHER AT THE REQUEST OF THE ASSESSEES COUNSEL. HENCE WE PROCEED TO DISPOSE OF THE APPEALS EX - PARTE WITHOUT THE PRESENCE OF THE ASSESSEE. 3. WE HEARD THE LD. DR AND PERUSED THE RECORD. THE ASSESSEE FILED RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION DECLAR ING A TOTAL INCOME OF RS.15.69 LAKHS. THE ASSESSEE DERIVES INCOME FROM BUSINESS OF TRANSPORTATION HIRING OF MACHINERIES. THE ASSESSEE IS ALSO A PARTNER IN TWO PARTNERSHIP FIRMS AND GETTING REMUNERATION THERE FROM . DURING THE YEAR UNDER CONSIDERATION TH E ASSESSEE HAD INTRODUC ED A SUM OF RS.29 LAKHS IN HIS CAPITAL ACCOUNT . THE ASSESSEE DID NOT FURNISH ANY EXPLANATION WITH REGARD TO THE SAME AND HENCE THE AO ASSESSED THE ABOVE SAID AMOUNT OF RS.29 LAKHS AS INCOME OF THE ASSESSEE U/S 68 OF THE IT ACT. 4 . BEFORE THE LD.CIT ( A) THE ASSESSEE SUBMITTED EVIDENCES SHOWING THE SOURCES TO THE EXTENT OF RS.23 LAKHS AND HENCE THE LD.CIT(A) GRANTED RELIEF TO THAT EXTENT AND CONFIRMED THE BALANCE AMOUNT OF RS.6 LAKHS. AGGRIEVED BY THE DECISION OF LD.CIT(A) BOTH THE PARTIES HAVE FILED THESE APPEALS BEFORE US. 5 . SO FAR AS THE APPEAL FILED BY THE REVEN UE IS CONCERNED THE QUANTUM IN DISPUTE IS RS.23 LAKHS AND THE TAX EFFECT INVOLVED THEREIN IS LESS THAN 2721 /MUM/201 1 AND 1536/M/2011 3 RS.10 LAKHS. IN VIEW OF THE CIRCULAR ISSUED BY CBDT BEARING NO. 21/2015 DATED 10.12.2015 PRESCRIBING NEW MONETARY LIMIT OF RS.10.00 LAKHS FOR PREFERRING APPEAL AGAINST THE ORDERS PASSED BY LD CIT(A) BEFORE THE TRIBUNAL THE REVENUE IS PRECLUDED FROM PURSUING THIS APPEAL BY THE REVENUE. ACCORDINGLY WE DISMISS THE SAME . 6 . IN THE APPEAL FILED BY THE ASSESSEE THE ADDITION OF RS.6 LAKHS CONFIRMED BY THE LD. CIT(A) IS BEING CHALLENGED. BEFORE THE LD. CIT(A) THE ASSESSEE HAS SUBMITTED THAT THE AMOUNT OF RS.6 .00 LAKHS REPRESENT S THE AMOUNT OF SECURITY DEPOSITS RECEIVED FROM THE TRUCK DRIVERS . H OWEVER THE ASSESSEE COULD NOT FURNISH ANY EVIDENCE TO SUBSTANTIATE HIS CLAIM AND HENCE THE LD. CIT(A) REJECTED THE SAID EXPLANATION OF THE ASSESSEE. 7 . BEFORE US ALSO THE ASSESSEE DID NOT FURNISH ANY EVIDENCE TO SUPPORT H IS CO NTENTION S . ACCORDINGLY WE ARE OF THE VIEW THAT THE LD. CIT(A) WAS JUSTIFIED IN CONFIRMING THE ADDITION TO THE EXTENT OF RS.6 .00 LAKHS. 8 . IN THE RESULT BOTH THE APPEALS FILED BY THE RESPECTIVE PARTIES ARE DISMISSED. PRONOUNCED ACCORDINGLY ON 12TH JAN UARY 2016 . 12 TH JANUARY 2016 SD S D ( AMARJIT SINGH ) ( B.R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 12TH JANUARY 201 6 . . . ./ SRL SR. PS 2721 /MUM/201 1 AND 1536/M/2011 4 / CO PY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - CONCERNED 4. / CIT CONCERNED 5. / DR ITAT MUMBAI CONCERNED 6. / GUARD FILE. / BY ORDER TRUE COPY (ASSTT. REGISTRAR) /ITAT MUMBAI