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14-05-2019, Gopal Krishna Soni, Section 44AF, 148, 133A, Tribunal Indore

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1 week 3 days ago #9440 by amit
Section - 44AF, 148, 133A, 234A, 234B, 234C, 220(2)
Order Date - 14-05-2019
Favouring - Partly
Court - Tribunal Indore
Appellant - Gopal Krishna Soni
Respondent - ACIT
Citation - 519Taxpundit203
Appeal No. - ITA No.712 to 714/Ind/2017
Asstt. Year - 2000-01 to 2002-03



The above captioned three appeals are filed at the instance of assessee pertaining to Assessment Year 2000-01 to 2002-03and are directed against the orders of Ld. Commissioner of Income Tax (Appeals) (in short ‘Ld.CIT(A)’], Ujjain dated 01.08.2017, which are arising out of the order u/s 143(3)/148 of the Income Tax Act 1961(In short the ‘Act’) dated 21.02.2006, 27.02.2004 and 31.3.2005 framed by ACIT & Addl. CIT, Ratlam respectively.

2. As these appeals relates to the same assessee these were heard together and being disposed off by this common order for the sake of convenience and brevity.

3. Briefly stated facts as culled out from the records are that the assessee is engaged in the jewellery business in the name of Poonam Jewellers at Mandsaur. Survey u/s 133A of the Act was carried out at the assessee’s business premises on 27.12.2001. Various incriminating materials were found. Assessee offered undisclosed income of Rs.5,00,000/- and Rs.15,00,000/- for Assessment Year 2001-02 and 2002-03. Return of income were filed and assessment proceedings were carried out as per the provisions of law after serving the statutory notices and various additions were made against which assessee preferred appeal before Ld. CIT(A).

4. Now the assessee is in appeal before the Tribunal raising various grounds against separate orders of Ld. CIT(A) confirming various additions for the tree Assessment Years and the same are adjudicated in the forthcoming paragraphs:-

5. We will first take up ITA No.712/Ind/2017 for Assessment Year 2000-2001. Following appeals have been raised by the assessee. Grounds of appeal set out below are without prejudice to each other:-

Ground No.1: The Ld. Commissioner of Income Tax (Appeals) (here in after referred as CIT(A) has erred in confirming alleged income of Rs.11,10,000/- in the hands of the assessee, which in fact does not belong to the assessee, on conjecture, surmises and suspicion.

Ground No.2: The Ld. CIT(A)has erred in levy of charging interest u/s 234A at Rs.36,362/- u/s 234B at Rs. 2,94,591/- u/s 234C at Rs. 1,411/- and u/s 220(2) at Rs. 4,61,846/-.

The appellant craves leave to add, alter and/or amend any grounds of appeal.

6. Brief facts relating to impugned addition Rs.11,10,000/- made for 2000-01 are that during the course of survey u/s 133A of the Act, survey team impounded a dairy namely “Neelgagan”at Mayur Nagar premises from the almirah of the “Karigar” named Shekh Sultan. During the course of assessment proceedings it was submitted that the alleged diary belongs to the employee having some transaction of “Doda Choora” which have no connection with the assessee. There is no mention of assessee’s name, business transaction in this diary nor any date or signature are mentioned. It was further contended that the alleged diary is merely a dumb document for which no addition should have been made. Ld. A.O however was not satisfied and against the returned income of Rs.2,36,842/- declared by the assessee made addition of Rs.11,10,000/- for unexplained investments and addition of Rs.1,13,158/- was made for non production of books accounts. Against these additions appeal was preferred before Ld. CIT(A) and assessee partly succeeded in getting the relief of deleting the addition of Rs.1,13,158/-, however CIT(A) confirmed the addition of unexplained investment at Rs.11,10,000/-.

7. Now the assessee is in appeal before the Tribunal raising sole issue challenging the addition of Rs.11,10,000/- confirmed by Ld. CIT(A).

8. Ld. Counsel for the assessee referred and relied on the following written submissions placed before us during the course of hearing.

“Ground No. 1: The Ld. Commissioner of Income Tax (Appeals) {here in after referred as CIT(A)} has erred in confirming alleged income of Rs.11,10,000/- in the hands of the assessee, which in fact does not belong to the assessee, on Conjecture, Surmises and Suspicion.

Brief facts of the case are that the assessee is engaged in jewelry business in the name of M/s Poonam Jewelers at Jeevaganj, Mandsaur. Assessee has filed his return on 28.03.2001 showing income at Rs.2,36,842/-, copy in Paper book at Page 1-8. There was a survey carried out u/s 133A on 27112/2001, copy of S.A. recorded under survey proceedings is in Paper book at page 9- 13. In S.A. assessee stated that there was a theft at his business premises on 20108/2001 in which jewelry and books were taken away by thief's for which a police FIR longed, copy of the FIR is at page 14 - 17. After that, shop was closed for 2

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