Smt. DAMYANTI S. SHREYAN, MUMBAI v. ITO Wd. 25(1)(1), MUMBAI

ITA 6795/MUM/2007 | 2002-2003
Pronouncement Date: 08-01-2010 | Result: Dismissed

Appeal Details

RSA Number 679519914 RSA 2007
Assessee PAN BBFPS6810K
Bench Mumbai
Appeal Number ITA 6795/MUM/2007
Duration Of Justice 2 year(s) 2 month(s)
Appellant Smt. DAMYANTI S. SHREYAN, MUMBAI
Respondent ITO Wd. 25(1)(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 08-01-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 08-01-2010
Date Of Final Hearing 23-11-2009
Next Hearing Date 23-11-2009
Assessment Year 2002-2003
Appeal Filed On 08-11-2007
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D MUMBAI BEFORE SHRI R V EASWAR SENIOR VICE PRESIDENT AND SHRI P M JAGTAP ACCOUNTANT MEMBER I T A NO: 6795/MUM/2007 (ASSESSMENT YEAR: 2002-03) MRS DAMYANTI S SHREYAN MUMBAI APPELLANT (PAN: BBFPS6810K) VS INCOME TAX OFFICER 25(1)(1) MUMBAI RESPONDENT APPELLANT BY: SHRI SHYAM C AGARWAL RESPONDENT BY: SHRI NAVEEN GUPTA O R D E R R V EASWAR SENIOR VICE PRESIDENT: THE ASSESSEE IN THIS APPEAL IS AN INDIVIDUAL. THE APPEAL RELATES TO THE ASSESSMENT YEAR 2002-03. 2. WHILE COMPLETING THE ASSESSMENT UNDER SECTION 14 3(3) READ WITH SECTION 147 OF THE INCOME TAX ACT THE ASSESSING OFFICER DI D NOT ACCEPT THE CLAIM OF THE ASSESSEE THAT SHE RECEIVED THE FOLLOWING AMOUNTS WH ICH WERE INVESTED IN ACQUIRING A HOUSE PROPERTY: - (I) RS.1 00 000/- RECEIVED ON SALE OF ROOM (II) SALE OF JEWELLERY FOR RS.3 25 000/- (III) SALE OF KISAN VIKAS PATRA FOR RS.60 000/- THE ASSESSING OFFICER ACCORDINGLY BROUGHT THE AFORE SAID AMOUNTS TO TAX AS INCOME FROM UNDISCLOSED SOURCES. 3. THE ASSESSING OFFICER ALSO MADE AN ADDITION OF R S.1 95 000/- BEING UNEXPLAINED CASH DEPOSITS IN THE ASSESSEES BANK AC COUNT. IN DOING SO HE REJECTED THE ASSESSEES PLEA THAT THE CASH DEPOSIT TO THE EXTENT OF RS.1 78 000/- 2 WAS MADE OUT OF SELF-WITHDRAWALS AND TO THE EXTENT OF RS.17 000/- CAME OUT OF THE ASSESSEES SAVINGS. 4. THE ABOVE ADDITIONS HAVING BEEN CONFIRMED BY THE CIT(A) THE ASSESSEE IS IN FURTHER APPEAL BEFORE THE TRIBUNAL. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE DEPARTMENTAL AUTHORITIES. AS REGARDS THE SALE OF R OOM FOR RS.1 00 000/- AND SALE OF JEWELLERY FOR RS.3 25 000/- THE ASSESSEE COULD NOT FURNISH ANY MATERIAL OR EVIDENCE TO PROVE THE SALES BEFORE THE INCOME TAX A UTHORITIES. BEFORE US ALSO THE ASSESSEE WAS NOT ABLE TO ADDUCE ANY EVIDENCE FO R THE SALE OF THE ROOM. HOWEVER FOR THE SALE OF THE JEWELLERY THE ASSESSE E SUBMITTED FOUR BILLS STATED TO HAVE BEEN ISSUED BY SIDDHI VINAYAK JEWELLERS OF SHI EKH MEMON STREET MUMBAI IN THE MONTHS OF MARCH APRIL AND MAY 2001 SHOWING PURCHASE OF JEWELLERY FROM THE ASSESSEE. THESE BILLS WERE SOUGHT TO BE INTROD UCED AS ADDITIONAL EVIDENCE UNDER RULE 29 OF THE ITAT RULES. HOWEVER NO REASO NS WERE ADVANCED ON BEHALF OF THE ASSESSEE AS TO WHY THIS EVIDENCE COUL D NOT BE ADDUCED BEFORE THE DEPARTMENTAL AUTHORITIES. THE REASONS STATED IN TH E ASSESSEES APPLICATION THAT SHE COULD NOT VISIT HER PARENTS DUE TO SOME REASON AND COLLECT THE BILLS FROM THEIR HOUSE APPEARS TO US TO BE VAGUE. WE THEREFORE RE JECT THE APPLICATION FILED UNDER RULE 29 AND REJECT THE ADDITIONAL EVIDENCE. AS REGARDS THE SALE OF KISAN VIKAS PATRA ALSO THERE IS NO EVIDENCE ADDUCED EITHE R BEFORE THE DEPARTMENTAL AUTHORITIES OR BEFORE US. SINCE NO EVIDENCE HAS BE EN ADDUCED BY THE ASSESSEE WE ARE UNABLE TO INTERFERE WITH THE DECISION OF THE DEPARTMENTAL AUTHORITIES AND ACCORDINGLY CONFIRM THE AFORESAID THREE ADDITIONS. 3 6. AS REGARDS THE ADDITION OF RS.1 95 000/- ALSO TH E POSITION REMAINS THE SAME INASMUCH AS THERE IS NO EVIDENCE EITHER BEFORE THE INCOME TAX AUTHORITIES OR BEFORE US TO PROVE THE CLAIM THAT PART OF THE DE POSITS CAME OUT OF SELF- WITHDRAWALS AND PART OF IT CAME OUT OF SAVINGS. TH E ADDITION IS THEREFORE CONFIRMED. 7. IN THE RESULT ALL THE ADDITIONS ARE CONFIRMED A ND THE APPEAL FILED BY THE ASSESSEE IS DISMISSED WITH NO ORDER AS TO COSTS. ORDER PRONOUNCED ON 8 TH JANUARY 2010. SD/- SD/- (P M JAGTAP) (R V EASWAR) ACCOUNTANT MEMBER SENIOR VICE PRESIDENT MUMBAI DATED 8 TH JANUARY 2009 SALDANHA COPY TO: 1. MRS DAMYANTI S SHREYAN FLAT NO. B-101 GURUKUL APARTMENT J S MARG DAHISAR (WEST) MUMBAI 400 068 2. ITO 25(1)(1) 3. CIT-XXV 4. CIT(A)-XXV 5. DR D BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR ITAT MUMBAI