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

ITA 849/IND/2016 | 2012-2013
Pronouncement Date: 29-09-2016 | Result: Dismissed

Appeal Details

RSA Number 84922714 RSA 2016
Assessee PAN AABPO1140L
Bench Indore
Appeal Number ITA 849/IND/2016
Duration Of Justice 1 month(s) 17 day(s)
Appellant Shri Virendra Oswal, Bhopal
Respondent THE ITO 1(2), Bhopal
Appeal Type Income Tax Appeal
Pronouncement Date 29-09-2016
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 29-09-2016
Assessment Year 2012-2013
Appeal Filed On 11-08-2016
Judgment 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*