Shri Vinod Gangaram Patel,, Bhuj v. The Asstt. Commr. of Income Tax, Cen.Circle-2,, RAJKOT-GUJARAT

ITSSA 81/RJT/2017 | 2011-2012
Pronouncement Date: 21-05-2021 | Result: Dismissed

Appeal Details

RSA Number 8124916 RSA 2017
Assessee PAN APHPP9494H
Bench Rajkot
Appeal Number ITSSA 81/RJT/2017
Duration Of Justice 3 year(s) 9 month(s) 13 day(s)
Appellant Shri Vinod Gangaram Patel,, Bhuj
Respondent The Asstt. Commr. of Income Tax, Cen.Circle-2,, RAJKOT-GUJARAT
Appeal Type Income Tax (Search & Seizure) Appeal
Pronouncement Date 21-05-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 21-05-2021
Date Of Final Hearing 07-04-2021
Next Hearing Date 07-04-2021
Last Hearing Date 24-01-2020
First Hearing Date 02-02-2021
Assessment Year 2011-2012
Appeal Filed On 08-08-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH RAJKOT BEFORE: SHRI RAJPAL YADAV VICE PRESIDENT AND SHRI AMARJIT SINGH ACCOUNTA NT MEMBER [CONDUCTED THROUGH E-COURT AT AH MEDABAD] VINOD GANGARAM PATEL PLOT NO. 5-57 PRAMUKH SWAMINAGAR ODHAV ANNEX BHUJ PAN: APHPP9494H (APPELLANT) VS THE ACIT CENTRAL CIRCLE-2 RAJKOT (RESPONDENT) REVENUE BY: SHRI OM PRAKASH SINGH CIT-D.R. ASSESSEE BY: SHRI CHETAN AGARWAL A .R. DATE OF HEARING : 07-04-2021 DATE OF PRONOUNCEMENT : 21-05- 2021 /ORDER PER : AMARJIT SINGH ACCOUNTANT MEMBER:- THIS ASSESSEES APPEAL FOR A.Y. 2011-12 ARISES FRO M ORDER OF THE CIT(A)-11 AHMEDABAD DATED 31-01-2017 IN PROCEEDIN GS UNDER SECTION 143(3) R.W.S. 153A OF THE INCOME TAX ACT 1961; IN SHORT THE ACT. 2. THE SOLITARY GROUND OF APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE DECISION OF LD. CIT(A) IN CONFIRMING ADDITION OF RS . 3 50 000/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF UNEXPLAINED INVESTM ENT IN PROPERTY. I.T.(SS)A. NO. 81/RJT/2017 ASSESSMENT YEAR 2011-12 I.T(SS).A NO. 81/RJT/2017 A.Y. 2011-12 PAGE NO VINOD GANGARAM PATEL VS. ACIT 2 3. THE BRIEF FACT IS THAT SEARCH U/S. 132 OF THE AC T WAS CARRIED OUT AT THE PREMISES OF THE ASSESSEE ON 30 TH JULY 2013. PROCEEDING U/S. 153A OF THE ACT WAS INITIATED BY ISSUING NOTICE DATED 27 TH MAY 2014. DURING THE COURSE OF SEARCH INCRIMINATING PAPERS OF TRANSACTION RELATED WITH ASSESSEE AND HIS FAMILY WITH SHRI SWAMINARAYAN CONSTRUCTION WERE FOU ND AND SEIZED. THE EXTRACT OF SUCH TRANSACTION ON PAGE 9 OF ANNEXURE A /3 FOUND FROM THE PREMISES OF TIRTH BOOMI BUILDING CORPORATION HAS BE EN DISCUSSED BY THE ASSESSING OFFICER AT PAGE NO. 2 TO 4 OF THE ASSESSM ENT ORDER. AS PER SEIZED MATERIAL THE ASSESSEE HAS MADE INVESTMENT IN PLOT A /1 A/4 DEVELOPED BY SWAMINARAYAN CONSTRUCTION AT REVENUE SL. NO. 24 26 /1 TO 26/4 OF VILLAGE KUKMA BHUJ. THE ACTUAL VALUE OF THE TWO PLOTS WAS RS. 24 80 512/- AND THE SAME WAS REGISTERED FOR A VALUE OF RS. 1 28 512/- A ND THE REMAINING AMOUNT OF RS. 23 52 000/- WAS PAID AS ON MONEY ON THE PURC HASE OF THESE PLOTS. THE ASSESSEE HAS ACCEPTED THE PAYMENT OF AFORESAID ON MONEY TO SWAMINNARYAN CONSTRUCTION IN HIS STATEMENT RECORDED DURING THE COURSE OF SEARCH AND EXTRACT OF THE SAME HAS BEEN PRODUCED AT PAGE NO. 3 OF ASSESSMENT ORDER. THE ASSESSING OFFICER HAS GIVEN T HE DETAILED CHART OF CASH PAYMENT MADE TO SWAMINARAYAN CONSTRUCTION BY ASSESS EE AND HIS FAMILY MEMBER ON VARIOUS DATES AT PAGE NO. 3 TO 4 OF ASSES SMENT ORDER. AS PER THE VOUCHERS IMPOUNDED DURING THE COURSE OF SEARCH A TO TAL PAYMENT OF RS. 21 64 000/- HAS BEEN MADE TO SWAMIN CONSTRUCTIONS D URING THE F.Y. 2010- 11 2011-12 2012-13 AND 2013-14. AS PER SL. NO. 8 OF THE CHART IT WAS SHOWN THAT ASSESSEE MADE PAYMENT IN CASH OF RS. 3 5 0 000/- ON 6 TH FEB 2011 TO SWAMINARAYAN CONSTRUCTION. THE ASSESSEE HAS FAI LED TO SUBSTANTIATE WITH SUPPORTING EVIDENCES HIS CLAIM THAT SOURCE OF ON MO NEY WAS OF AGRICULTURAL I.T(SS).A NO. 81/RJT/2017 A.Y. 2011-12 PAGE NO VINOD GANGARAM PATEL VS. ACIT 3 INCOME. CONSEQUENTLY THE ASSESSING OFFICER HAS AD DED THE CASH PAYMENT OF RS. 3 50 000/- TO THE TOTAL INCOME OF THE ASSESSEE AS UNEXPLAINED INVESTMENT. 4. THE ASSESSEE FILED APPEAL BEFORE THE LD. CIT(A). BEFORE THE LD. CIT(A) THE ASSESSEE HAS SUBMITTED THAT TRANSACTION OF PAYMENT OF RS. 3 50 000/- WAS WRONGLY CONSIDERED BY THE ASSESSING OFFICER AS CARRIED ON 6 TH FEBRUARY 2011 BUT THE PAYMENT WAS ACTUALLY MADE ON 2 ND JULY 2011. THEREFORE THE ADDITION WAS NOT JUSTIFIED. THE LD . CIT(A) HAS REJECTED THE STATEMENT OF THE ASSESSEE SINCE ASSESSEE HAS NOT FU RNISHED ANY SUPPORTING EVIDENCES TO HIS CONTENTION THAT THE PAYMENT WAS AC TUALLY MADE ON 2 ND JUNE 2011. 5. HEARD BOTH THE SIDES AND PERUSED THE MATERIAL ON RECORD. IT IS UNDISPUTED FACT THAT DURING THE COURSE OF SEARCH AC TION THE ASSESSEE HAS ADMITTED THAT HE AND HIS FAMILY MEMBER HAS PAID ON MONEY FOR PURCHASE OF TWO PLOTS OF LAND FROM SWAMINARAYAN CONSTRUCTION. THE PLOT OF LAND WERE REGISTERED FOR RS. 1 28 512/- AND ON MONEY OF RS. 2 3 52 000/- WAS PAID FOR PURCHASE OF THESE PLOTS. ON THE BASIS OF SEIZED M ATERIAL AS PER ANNEXURE A-4 AND ANNEXURE A-1 THE ASSESSING OFFICER HAS GIVEN T HE BIFURCATION OF CASH AMOUNT PAID ON DIFFERENT DATES BY THE ASSESSEE AND HIS FAMILY MEMBERS AS ON MONEY TO SWAMINARAYAN CONSTRUCTION FOR PURCHASE OF TWO PLOTS OF LAND AS MENTIONED ABOVE. ON THE BASIS OF INFORMATION REFLEC TED IN THE SEARCH MATERIAL THE ASSESSING OFFICER HAS MADE ADDITION O F RS. 3 50 000/- AS ON MONEY GIVEN ON 6-02-2011 BY THE ASSESSEE TO SWAMINA RAYAN CONSTRUCTIONS. DURING THE COURSE OF APPELLATE PROCEEDINGS IN HIS S UBMISSION THE ASSESSEE HAS ENCLOSED COPY OF RECEIPT ISSUED BY SWAMINARAYAN CONSTRUCTION DATED 2 ND I.T(SS).A NO. 81/RJT/2017 A.Y. 2011-12 PAGE NO VINOD GANGARAM PATEL VS. ACIT 4 JUNE 2011. THE ASSESSEE HAS NEITHER SUBSTANTIATED THE GENUINENESS OF THE CASH RECEIPT WITH ANY RELEVANT SUPPORTING MATERIAL NOR DISPROVED THE FACT REPORTED BY THE ASSESSING OFFICER AS PER SEIZED VOU CHERS DURING THE COURSE OF SEARCH AS PER ANNEXURE A/3 SHOWING CASH PAYMENT OF RS. 3 50 000/- MADE ON 06-02-2011. CONSIDERING THE ABOVE FACTS AND CIR CUMSTANCES WE DO NOT FIND ANY ERROR IN THE DECISION OF LD. CIT(A). THER EFORE THIS GROUND OF APPEAL OF THE ASSESSEE IS DISMISSED. 6. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21-05-2021 SD/- SD/- (RAJPAL YADAV) (AMARJIT SINGH) VICE PRESIDENT ACCOUNTANT MEMBER AHMEDABAD : DATED 21/05/2021 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR ITAT AHMEDABAD 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL RAJKOT