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Income Tax Appellate Tribunal, MUMBAI BENCH “C”, MUMBAI
Before: SHRI KULDIP SINGH & SHRI S RIFAUR RAHMAN
Aforesaid appeals filed by the appellant Smt. Chandrika Tapuriah (hereinafter referred to as the assessee) raising identical grounds bearing common question of law and facts are being taken up to dispose off with composite order to avoid the repetition of discussion.
The assessee by filing the present appeals, sought to set aside the impugned orders even dated 28.11.2018 passed by Commissioner of Income Tax (Appeals), Mumbai [hereinafter referred to as the CIT(A)] qua the assessment years 2001-02, 2002- 03 & 2006-07 and 2001-02 on the grounds inter-alia that :- for A.Y. 2001-02 “1) The Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 32,60,60,000/- on the grounds of alleged credit of 7 millions USD in foreign Bank account.
2) The Learned Commissioner of Income Tax (Appeals) failed to appreciate that the Learned Assessing officer had relied on incomplete investigation and had also failed to bring all evidences and findings of investigation on record and erred in not directing the Learned Assessing officer to obtain findings of investigations made by enforcement directorate having relied on the information provided by said department.
3) The appellant prays that: i) The department may be directed to produce and bring on record all the findings of investigation made by Income tax department and enforcement directorate. ii) Addition of Rs. 32,60,60,000/- on the ground of alleged credit in bank account may be deleted. iii) Any other relief your honours may deem fit.”
, 543 & 545/M/2019 & ors. 3 Smt. Chandrika Tapuriah & ors. for A.Y. 2002-03 “1) The Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 471,60,00,000/- on the grounds of alleged earning of 100 millions USD by the department.
2) The Learned Commissioner of Income Tax (Appeals) failed to appreciate that the Learned Assessing officer had relied on incomplete investigation and had also failed to bring all evidences and findings of investigation on record and erred in not directing the Learned Assessing officer to obtain findings of investigations made by enforcement directorate having relied on the information provided by said department.
3) The appellant prays that: i) The department may be directed to produce and bring on record all the findings of investigation made by Income tax department and enforcement directorate. ii) Addition of Rs. 471,60,00,000/- on the ground of alleged credit in bank account may be deleted. iii) Any other relief your honours may deem fit.” for A.Y. 2001-02 “1) The Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 420,000/- on account of alleged Interest received on loan to Sushila Tapuriah.
2) The Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 42,535/- on account of unexplained credit card expenses.
3) The Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 447,00,00,000/- on ground of alleged credit of 100 millions USD in foreign Bank account.
4) The Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 116,45,00,000/- on ground of alleged credit of 25 millions USD in foreign Bank account.
5) The Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 21,14,488/- being loans and creditors.
6) The Learned Commissioner of Income Tax (Appeals) failed to appreciate that the Learned Assessing officer had relied on incomplete investigation and had also failed to bring all evidences and findings of , 543 & 545/M/2019 & ors. 4 Smt. Chandrika Tapuriah & ors. investigation on record and erred in not directing the Learned Assessing officer to obtain findings of investigations made by enforcement directorate having relied on the information provided by said department.
7) The appellant prays that: i) Addition of Rs. 420,000/- on account of alleged Interest received on loan to Sushila Tapuriah may be deleted. ii) Addition of Rs. 42,535/- on account of unexplained credit card expenses may be deleted. iii) Addition of Rs. 447,00,00,000/- on ground of alleged credit of 100 millions USD in foreign Bank account may be deleted. iv) Addition of Rs. 116,45,00,000/- on ground of alleged credit of 25 millions USD in foreign Bank account may be deleted. v) Addition of Rs. 21,14,488/- being loans and creditors may be deleted. vi) The department may be directed to produce and bring on record all the findings of investigation made by Income tax department and enforcement directorate may be deleted. vii) Any other relief your honours may deem fit.
8) The Appellant craves leave to add, alter, amend or delete any of the above grounds of appeal.” for A.Y. 2006-07 “1) The Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 381,35,14,00,000/- on the grounds of alleged transfer of TRIPAL 'A' USB Bonds in USD to foreign bank.
2) The Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 34,492/- on account of unexplained foreign travelling expenses.
3) The Learned Commissioner of Income Tax (Appeals) erred in confirming taxation of Short term capital gain of Rs. 535,072/- at normal rate instead of special rate @ 10%.
4) The Learned Commissioner of Income Tax (Appeals) erred in confirming disallowance of deduction u/s 80G of Donation of Rs. 15,680/-.
, 543 & 545/M/2019 & ors. 5 Smt. Chandrika Tapuriah & ors.
5) The Learned Commissioner of Income Tax (Appeals) failed to appreciate that the Learned Assessing officer had relied on incomplete investigation and had also failed to bring all evidences and findings of investigation on record and erred in not directing the Learned Assessing officer to obtain findings of investigations made by enforcement directorate having relied on the information provided by said department. 6) The appellant prays that: i) The department may be directed to produce and bring on record all the findings of investigation made by Income tax department and enforcement directorate. ii) Addition of Rs. 381,35,14,00,000/- on the grounds of alleged transfer of TRIPAL 'A' USB Bonds in USD to foreign bank account may be deleted. iii) Addition of Rs. 34,492/- on account of unexplained foreign travelling expenses may be deleted. iv) Taxation of Short term capital gain of Rs. 535,072/- at normal rate instead of special rate @ 10% may be deleted. v) Disallowance of deduction u / s 80G of Donation of Rs. 15,680/- may be deleted. vi) Any other relief your honours may deem fit. 7) The Appellant craves leave to add, alter, amend or delete any of the above grounds of appeal.”
Briefly stated facts necessary for consideration and adjudication of the issues at hand are : on the basis of search and seizure action under section 132 of the Income Tax Act, 1961 (for short ‘the Act’) carried out in case of Smt. Chandrika Tapuriah and her husband late Shri Kashinath Tapuriah at their residence at 3rd Floor, 6C, Short Street, Kolkata-7 on 05.01.2007 proceedings under section 143(3) read with section 153A were initiated by way of issuance of notice under section 153A of the Act. Subsequently notices under section 142(1) of the Act were issued and served on the assessee calling upon various details, however, the assessee has , 543 & 545/M/2019 & ors. 6 Smt. Chandrika Tapuriah & ors.
failed to file any detail. On the basis of material seized, information forwarded by Enforcement Directorate (ED), documents and other material available on record, assessment was framed at the total income of Rs.32,60,80,220/-, Rs.471,60,25,880/-, Rs.563,72,90,190/- & Rs.381,35,35,40,320/- as unexplained income of the assessee under section 143(3) read with section 254 of the Act for A.Y. 2001-02, 2001-02, 2002-03 & 2006-07 respectively.
The assessee carried the matter before the Ld. CIT(A) by way of filing appeals who has partly allowed the appeals. Feeling aggrieved with the impugned order passed by the Ld. CIT(A) the assessee has come up before the Tribunal by way of filing present appeals.
Assessee appeared on 20.03.2023, 27.04.2023, 17.05.2023, 05.01.2023, 08.06.2023, 13.07.2023 & 22.08.2023 and at all the times the assessee requested for adjournment which were accepted by the Tribunal as well and as a last chance the adjournment was granted to the assessee on 22.08.2023. But on 03.10.2023 none appeared. It appears that the assessee does not want to pursue the present appeals hence the Bench proceeded to decide these appeals on the basis of material available on record with the assistance of the Ld. D.R. for the Revenue.
We have heard the Ld. Departmental Representative for the Revenue, perused the orders passed by the Ld. Lower Revenue Authorities and documents available on record in the light of the facts and circumstances of the case and case law relied upon. , 543 & 545/M/2019 & ors. 7 Smt. Chandrika Tapuriah & ors.
Crux of the matter in all the aforesaid appeals is “during search and seizure operation carried out in case of the assessee “incriminating documents” in the form of laptop, pen drive, CD and evidences in the form of email of late Shri Kashinath Tapuriah it has come to the notice of the Revenue Authorities that late Shri Kashinath Tapuriah was into the large scale overseas transactions primarily through the bank accounts of Union Bank of Switzerland (UBS), Zurich. And as the transactions are in close association with Shri Hassan Ali Khan, Shri Philip Anandraj and Shri Remo Maurer (an employee of Bank Credit Suisse at Switzerland) Revenue Authorities have duly thrashed the incriminating material available at page 18 of the Annexure-A5 to panchnama dated 05.01.2007 seized from the residence of Shri Hassan Ali Khan from Pune, page 22 of Annexure-A7 dated 06.01.2007 seized from residence of late Shri Kashinath Tapuriah such as an agreement dated 07.08.2001 made at Dubai. There was blank paper signed by Shri Hassan Ali Khan seized from the possession of late Shri Kashinath Tapuriah. From Annexure-A2 of panchnama dated 06.07.07 it has also come on record that late Shri Kashinath Tapuriah has frequent visits to Europe, Switzerland and has been regularly booking his tickets through M/s. Travel Hopes Pvt. Ltd., Kolkata detailed in Annexure-A2 seized from Kolkata. The entire incriminating material proves on record that late Shri Kashinath Tapuriah and Shri Hassan Ali Khan were working in close association with each other.
8. As per directions issued by the Tribunal in first round of litigation whereby assessment proceedings were set aside to the AO to decide afresh, the AO called various information from ED taken , 543 & 545/M/2019 & ors. 8 Smt. Chandrika Tapuriah & ors.
into account, paper book 1, 2 & 3 filed by the assessee for A.Y. 2001-02 to 2007-08.
In case of appeal bearing filed by Smt. Chandrika Tapuriah and appeal bearing No.544/M/2019 filed by Smt. Chandrika Tapuriah being legal heir of late Shri Kashinath Tapuriah the AO on the basis of information received from ED and incriminating material seized during the search and seizure operation carried out at the premises of late Shri Kashinath Tapuriah and Shri Hassan Ali Khan made an addition of Rs.32,60,60,000/- and addition of Rs.563,72,90,183/- in case of Smt. Chandrika Tapuriah and late Shri Kashinath Tapuriah for A.Y. 2001-02.
In A.Y. 2002-03 the AO on the basis of incriminating material seized from the search and seizure operation carried out at the premises of late Shri Kashinath Tapuriah and Shri Hassan Ali Khan as well as on the basis of information received from ED an addition of Rs.471,60,25,880/- was made in case of Smt. Chandrika Tapuriah.
Furthermore, in A.Y. 2006-07 the AO on the basis of information received from ED made an addition of Rs.381,35,35,40,320/- in the name of assessee Smt. Chandrika Tapuriah.
We have perused the impugned order passed by the Ld. CIT(A). The assessee challenged the addition of Rs.32,60,60,000/- made by the AO as undisclosed income on the ground that she has not made any such alleged transactions nor she , 543 & 545/M/2019 & ors. 9 Smt. Chandrika Tapuriah & ors.
is having any knowledge over the same nor she does any such account in her name in the standard bank, Dubai. However, her contention raised has been duly dealt with by the Ld. CIT(A) on the basis of evidence brought on record by way of incriminating material. The assessee vide her letter dated 13.03.2011 addressed to ACIT, CC-2, Mumbai during reassessment proceedings under section 148 of the Act in case of late Shri Kashinath Tapuriah the husband of assessee accepted the ownership of account No.18,22,03,31,601/- of Standard Chartered Bank, Dubai. This fact has also been admitted by late Shri Kashinath Tapuriah which is duly thrashed by the Ld. CIT(A) in tabulated from as under: Sr. Bank Detail Account Accepted Belongs Transacti Remark No. No. or not to on during belonging the F.Y. to me 2003-04 1 UBS, Zurich 760001 Accepted Kashinath No The Tapuriah transactio Account n in F.Y. was 2003-04 opened in year 1986 and was closed in the year 2000. 2 Standard 18- Accepted Kashinath No The Chartered Bank, 5748968- Tapuriah transactio Account Sahrjah 01 n in F.Y. was 2003-04 opened in year 2000-01 but it was never operative 3 Standard 18- Accepted Chandrik No The Chartered Bank, 2203316- a transactio account Sahrjah 01 Tapuriah n in F.Y. was 2003-04 never operative 4 Maerki Bauman, Konto Accepted Kashinath No The Driekonig strasse 2905 Tapuriah transactio Account 8802 Zurich (Sitaram) n in F.Y. was , 543 & 545/M/2019 & ors. 10 Smt. Chandrika Tapuriah & ors.
2003-04 opened in year 1960’s- 70’s and was closed in 2000-01 5 Credit Suisse, 0835- Accepted Kashinath No The Paradeplatz, 357902-3 Tapuriah transactio Account 8070 Zurich n in F.Y. opened 2003-04 in year 2003 but no transactio n in any year and was automati cally closed by the bank as there was no balance in the account. 6 Credit 08- Accepted Kashinath No No Lyonnaise, 06702.7 Tapuriah transactio transactio Bahanhof strasse n in F.Y. n in the 3, Zurich 2003-04 account in any year. The account was closed in 2005. 7 Union Bancaire 713. 169 Accepted Kashinath No No Privee, Zurich Tapuriah transactio transactio n in F.Y. n in the 2003-04 account in any year. 8 Bank Jullius Baer A/c No. Accepted AG, Zurich Not available
Now the assessee has not preferred to come up before the Tribunal to support her ground raised in the present appeal as to , 543 & 545/M/2019 & ors. 11 Smt. Chandrika Tapuriah & ors.
how order passed by the Ld. CIT(A) is not sustainable. So finding no illegality or perversity in the impugned findings returned by the Ld. CIT(A) which has gone entirely uncontroverted, appeal filed by Smt. Chandrika Tapuriah admittedly for A.Y. 2001-02 is hereby dismissed.
So far as appeal bearing for A.Y. 2001-02 filed by Smt. Chandrika Tapuriah being legal heir of late Shri Kashinath Tapuriah is concerned the AO made the addition of Rs.5,63,72,90,190/- being unexplained income of the assessee. The Ld. CIT(A) in the impugned order has duly thrashed the facts on the basis of facts and evidence which have come on record on the basis of incriminating material, information supplied by ED in the light of the case law applicable to the facts and circumstances of the case.
15. Major ground raised
by the assessee is an addition of Rs.447 crores as unaccounted income on the basis of transfer instructions issued by Shri Hassan Ali Khan to the Union Bank of Switzerland. It is proved on record that the assessee had an account No.760001 in Union Bank of Switzerland, Zurich and US$ 100 million were transferred in his favour from the bank account of Shri Hassan Ali Khan bearing account No.66,67,663/- in Union Bank of Switzerland, Zurich on 16.07.2022. Initially the assessee has denied the ownership of bank account No.760001 but later on he has admitted that the same belongs to him. His admission comes on record during the assessment proceedings of A.Y. 2004-05 The assessee had furnished complete details of all bank accounts held , 543 & 545/M/2019 & ors.
12. Smt. Chandrika Tapuriah & ors. by him as well as his wife Smt. Chandrika Tapuriah which is tabulated as under by the Ld. CIT(A): Sr. Bank Detail Account Accepted Belongs Transacti Remark No. No. or not to on during belonging the F.Y. to me 2003-04 1 UBS, Zurich 760001 Accepted Kashinath No The Tapuriah transactio Account n in F.Y. was 2003-04 opened in year 1986 and was closed in the year 2000. 2 Standard 18- Accepted Kashinath No The Chartered Bank, 5748968- Tapuriah transactio Account Sahrjah 01 n in F.Y. was 2003-04 opened in year 2000-01 but it was never operative 3 Standard 18- Accepted Chandrik No The Chartered Bank, 2203316- a transactio account Sahrjah 01 Tapuriah n in F.Y. was 2003-04 never operative 4 Maerki Bauman, Konto Accepted Kashinath No The Driekonig strasse 2905 Tapuriah transactio Account 88022 Zurich (Sitaram) n in F.Y. was 2003-04 opened in year 1960’s- 70’s and was closed in 2000-01 5 Credit Suisse, 0835- Accepted Kashinath No The Paradeplatz, 357902-3 Tapuriah transactio Account 8070 Zurich n in F.Y. opened 2003-04 in year 2003 but no transactio n in any year and , 543 & 545/M/2019 & ors. 13 Smt. Chandrika Tapuriah & ors. was automati cally closed by the bank as there was no balance in the account. 6 Credit Lyonnaise 08- Accepted Kashinath No No 06702.7 Tapuriah transactio transactio Bahanhof strasse n in F.Y. n in the 3, Zurich 2003-04 account in any year. The account was closed in 2005. 7 Union Bancaire 713. 169 Accepted Kashinath No No Privee, Zurich Tapuriah transactio transactio n in F.Y. n in the 2003-04 account in any year. 8 Bank Jullius Baer A/c No. I am not AG, Zurich Not recalling available having such account.
Since the assessee has failed to explain the transactions as directed by the Tribunal in the first round of litigation, regarding transfer instructions addition has been rightly confirmed by the Ld. CIT(A). So the impugned order passed by the Ld. CIT(A) has gone entirely uncontroverted on the file, as the assessee has failed to appear before the Bench, we find no illegality or perversity in the impugned order passed by the Ld. CIT(A).
Similarly in case of for A.Y. 2002-03 in case of assessee Smt. Chandrika Tapuriah the assessee had challenged the addition of Rs.471,60,25,880/-. It is proved on , 543 & 545/M/2019 & ors. 14 Smt. Chandrika Tapuriah & ors.
record that from the seized material page 18 & 19 found from Shri Hassan Ali Khan a US$ 100 million was transferred in pursuance to the “minutes and agreement” dated 07.08.2011 to the beneficiary account of assessee bearing account No.0835-357902-3 (Chandrika) maintained with Credit Suisse First Boston Zurich, Switzerland. During the assessment proceeding assessee Chandrika tapadia and her husband late Shri Kashinath Tapuriah had furnished details of 8 foreign bank accounts owned by them and account in question is one such account out of 8 foreign accounts owned by the assessee and her husband which is tabulated as under: Sr. Bank Detail Account Accepted Belongs Transacti Remark No. No. or not to on during belonging the F.Y. to me 2003-04 1 UBS, Zurich 760001 Accepted Kashinath No The Tapuriah transactio Account n in F.Y. was 2003-04 opened in year 1986 and was closed in the year 2000. 2 Standard 18- Accepted Kashinath No The Chartered Bank, 5748968- Tapuriah transactio Account Sahrjah 01 n in F.Y. was 2003-04 opened in year 2000-01 but it was never operative 3 Standard 18- Accepted Chandrik No The Chartered Bank, 2203316- a transactio account Sahrjah 01 Tapuriah n in F.Y. was 2003-04 never operative 4 Maerki Bauman, Konto Accepted Kashinath No The Driekonig strasse 2905 Tapuriah transactio Account 88022 Zurich (Sitaram) n in F.Y. was 2003-04 opened , 543 & 545/M/2019 & ors. 15 Smt. Chandrika Tapuriah & ors. in year 1960’s- 70’s and was closed in 2000-01 5 Credit Suisse, 0835- Accepted Kashinath No The Paradeplatz, 357902-3 Tapuriah transactio Account 8070 Zurich n in F.Y. opened 2003-04 in year 2003 but no transactio n in any year and was automati cally closed by the bank as there was no balance in the account. 6 Credit Lyonnaise 08- Accepted Kashinath No No 06702.7 Tapuriah transactio transactio Bahanhof strasse n in F.Y. n in the 3, Zurich 2003-04 account in any year. The account was closed in 2005. 7 Union Bancaire 713. 169 Accepted Kashinath No No Privee, Zurich Tapuriah transactio transactio n in F.Y. n in the 2003-04 account in any year. 8 Bank Jullius Baer A/c No. I am not AG, Zurich Not recalling available having such account.
So on the basis of incriminating material, admission made by the assessee and her husband during reassessment proceedings it is , 543 & 545/M/2019 & ors. 16 Smt. Chandrika Tapuriah & ors.
proved that USD 100 million was transferred in the bank account of the assessee which she fails to explain. So Ld. CIT(A) has confirmed the addition the operative part of which is extracted as under: “10.70 Thus, the amounts mentioned in the seized "Minutes and Agreement" and the "Transfer Instructions" are clearly assessable as income, as unexplained investments u/s 69 of the Act. 10.71 In view of the above facts and circumstances of the case, the addition made by the Assessing Officer amounting to Rs. 4,71,60,00,000/- (USD 100 Million @ Rs. 47.16 per USD) is hereby confirmed. Accordingly, Ground of Appeal No. 1 raised by the appellant in the present appeal is dismissed.”
19. Before the Tribunal the assessee has not come up to substantiate the grounds raised in her appeal in order to controvert the findings returned by the Ld. CIT(A), hence we find no illegality or perversity in the impugned order passed by the Ld. CIT(A).
20. In so far as appeal bearing for A.Y. 2006-07 pertaining to Smt. Chandrika Tapuriah is concerned, again it is a case of addition of Rs.381,35,35,40,320/- made by the AO and confirmed by the Ld. CIT(A). Major ground is addition of Rs.381,35,14,00,000/- as income from undisclosed income. While confirming this addition the Ld. CIT(A) has duly thrashed the incriminating material. Information received from ED which has proved on record that from the residence of assessee 22 pages being hard copies of data was found in pen drive and seized as an Annexure A7 to panchnama dated 06.01.2007 which shows that five transfer instructions were issued by Shri Hassan Ali Khan to UBS-AG Bank regarding his bank account No.206 – 794.786, which were duly addressed to UBS – AG, post 8098 Zurich. During recording of statement of Shri Kashinath Tapuriah under , 543 & 545/M/2019 & ors. 17 Smt. Chandrika Tapuriah & ors.
section 132(1) he has stated that somebody had misused his pen drive and he is not aware of any such instructions. The assessee as well as Kashinath Tapuriah had failed to explain as to who has misused his pen drives and why the fabricated documents have been found from his possession. The Ld. CIT(A) has duly examined the statement of Kashinath Tapuriah on this issue which is extracted for ready perusal as under : "Q. 25 The printouts (A-7) generated from the pen drives contained transfer instructions to UBS AG Postfach, 8098 Zurich, which indicate to transfer huge sum to account no. 035-357902-3 (Chandrika) which are tabulated below: Page Transferor Beneficiary Date of Value of No. details details transactions transactions 11 Hassan Ali A/c. 06.01.2006 UBS Bonds of Khan No.0835- the value of US$ Ac. No.206- 357 902-3 1.695 billions 794.786.. (Chandrika) 16 Hassan Ali A/c. 06.01.2006 UBS Bonds of Khan No.0835- the value of US$ 357 902-3 1.695 billions Ac. No.206- (Chandrika) 794.786..
Please explain the nature of transactions? Whether the credits for the above bonds has been received by Smt. Chandrika Tapuriah in her bank in India. Whether these transactions have been recorded in the regular books of accounts and have been disclosed in the return of income filed for the relevant period. Whether the said amount has been repatriated in India ? Ans. As per explained earlier, somebody else has misused my pen drive and no such agreement was ever considered. Q.26 During the course of search at your residence, the extracts taekn from the pen drives contains copies of several "Transfer Instructions" of various dates issued by Shri Hassan Ali Khan to the Union Bank of Switzerland AG,Zurich. A summary of such instructions is given hereunder: Analysis of transfer instructions as found in the pen drives seized from the residence of Shri KashinathTapuriah, 3' floor, 6C, Short Street, Kolkatta on 05/06.01.2007. ********** All the documents listed below are purportedly , 543 & 545/M/2019 & ors. 18 Smt. Chandrika Tapuriah & ors.
• Address to UBS AG, Postfach, 8098 Zurich • By Shri Hassan Ali Khan • Referring to his A/c. No. as 206-794.786.
S. No. Referen Date Remittance request Value Relates Particulars ce via telegraphic Date given in the Annexur Transfer document e/Page No.
A-6/3 -- TRIPLE 'A' UBS 14.12.05 Beneficiary: Account A-7/1 Bonds of the value No. 397236 A-7/2 Of US$1.7 billion Attn: Mr. Jafar Hamid Account with UBS AG, 1, Curzon Street London W1J5UB 2. A-6/4 -- TRIPLE 'A' UBS 15.12.05 -- A-7/3 bonds of the value of US $ 1.00 billion 3. A-6/5 -- TRIPLE 'A' UBS 15.12.05 -- bonds of the value Of US$0.4 billion 4. A-6/6 -- TRIPLE 'A' UBS 14.12.05 Beneficiary: A-7/4 Bonds of the value Account No. of 0835-899786-7 US$ 1.7 billion (Black Prince)
Atten: Mr. Remo Maurer Account with : Credit Suisse Private Banking Zurich, Swift Code: CRESCHZZ80A 5. A-7/5 19.12.05 US$0.5 million 10.01.06 Bank: JP Morgan A-7/13 Chase, New York Chips UID 009560 Swift Address: BKIDSGSG
For the account of Bank of India, Singapore For the credit of:Dicker , 543 & 545/M/2019 & ors. 19 Smt. Chandrika Tapuriah & ors.
International Ltd., Singapore USD A/c No. 3304150101 6. A-7/6 19.12.05 US$ 3.5 millions 06.01.06 Beneficiary Meghna General Trading Co. L.L.C Dubai
A/c. No. 020- 105847-001 with HSBC, Main Branch, Dubai 7. A-7/7 19.12.05 US$ millions 06.01.20 Beneficiary Bank: 06 HSBC, New York, Swift: Code MRMDUS33 Chips UID: 075995 for credit to HSBC- TST Branch, Kowloon, Hong Kong, Swift Code: HSBCHKHHICH
A/c No. 181-7- 822572 of volge International, 13th floor, Block- M, Windsor Mansion, 29-31, Chatham Road, South kowloon, Hong Kong.
A-7/8 19.12.05 US$ 3.5 millions 06.01.06 Beneficiary: Al Fardan Exchange, Dubai Ben A/c. No. 2000193002120 Beneficiary Bank: Wachovia Bank National Association, New York , 543 & 545/M/2019 & ors. 20 Smt. Chandrika Tapuriah & ors.
International Branch Swift Code: PNBPUS3NNYC Routing No. 026005092 Ultimate Beneficiary: Navy Impex (LLC) 9. A-7/9 19.12.05 TRIPLE 'A' UBS 07.01.05 -- Bonds of the value of US $ 1 billion 10. A-7/10 19.12.05 TRIPLE 'A' UBS 07.01.06 -- Bonds of the value of US $ 0.4 billion 11. A-7/11 19.12.05 TRIPLE 'A' UBS 06.01.06 Beneficiary Bonds of the value Account No. of 0835-357902-3 US $ 1.695 (Chandrika) billions Atten: Mr. Remo Maurer Phone-44 33 29 041) Account with: Credit Suisse Private Banking Zurich, Parade Platz 8, CH 8070 Zurich Swift Code: CRESCHZZ80A 12. A-7/12 19.12.05 TRIPLE 'A' UBS 06.01.06 Beneficiary Bonds of the value Account No. of 0835-899-786-7 US $ 1.695 (Black Prince) billions Atten:: Mr. Remo Maurer Phone-44 33 29 041) Account with: Credit Suisse Private Banking Zurich, Parade Platz 8, CH 8070 Zurich Swift Code: CRESCHZZ80A 13. A-7/14 19.12.05 US $ 3.5 millions 04.01.06 Beneficiary Meghna General Trading Co. L.L.C , 543 & 545/M/2019 & ors. 21 Smt. Chandrika Tapuriah & ors.
Dubai A/c. No. 020- 105847-001 with HSBC,Main Branch, Dubai 14. A-7/15 19.12.05 US $ 3 millions 04.01.06 Beneficiary Bank: HSBC, New York, Swift: Code MRMDUS33 Chips UID: 075995 for credit to HSBC- TST Branch, Kowloon, Hong Kong, Swift Code: HSBCHKHHICH A/c No. 181-7- 822572 of volge International, 13th floor, Block- M, Windsor Mansion, 29-31, Chatham Road, South kowloon, Hong Kong.
A-7/16 19.12.05 US $ 3.5 millions 04.01.06 Beneficiary: Al Fardan Exchange, Dubai Ben A/c. No. 2000193002120 Beneficiary Bank: Wachovia Bank National Association, New York International Branch Swift Code: PNBPUS3NNYC Routing No. 026005092 Ultimate Beneficiary: Navy Impex (LLC) 16. A-7/17 19.12.06 TRIPLE 'A' UBS 04.01.05 -- Bonds of the value of US $ 1 billion 17. A-7/18 19.12.05 TRIPLE 'A' UBS 05.01.06 -- Bonds of the value , 543 & 545/M/2019 & ors. 22 Smt. Chandrika Tapuriah & ors.
of US $ 0.4 billion 18. A-7-19 19.12.05 TRIPLE 'A' UBS 04.01.06 Beneficiary Bonds of the value Account No. of 0835-357902-3 US $ 1.695 (Chandrika) billions Atten: Mr. Remo Maurer Phone-44 33 29 041) Account with: Credit Suisse Private Banking Zurich, Parade Platz 8, CH 8070 Zurich Swift Code: CRESCHZZ80A 19. A-7/20 19.12.05 TRIPLE 'A' UBS 04.01.06 Beneficiary Bonds of the value Account No. of 0835-899-786-7 US $ 1.695 (Black Prince) billion Attn: Mr. Remo Maurer Phone-44 33 29 041) Account with: Credit Suisse Private Banking Zurich, Parade Platz 8, CH 8070 Zurich, Swift Code: CRESCHZZ80A
So on the basis of five transfer instructions issued by Shri Hassan Ali Khan directing UPS-AG to debit his bank account number with various amounts mentioned therein in favour of certain beneficiaries whose bank detail is there on record. So on failure of the assessee to explain as to the seizure of the incriminating material and transfer of funds as per transfer instructions issued by Shri Hassan Ali Khan it is proved that ownership of bank account No.0835-357.902-3 belongs to assessee Smt. Chandrika Tapuriah but later on it has been stated that it belongs to husband of the assessee Shri Kashinath Tapuriah. Detail , 543 & 545/M/2019 & ors. 23 Smt. Chandrika Tapuriah & ors.
of the bank account owned by the assessee as well as her husband Shri Kashinath Tapuriah is as under: Sr. Bank Detail Account Accepted Belongs Transacti Remark No. No. or not to on during belonging the F.Y. to me 2003-04 1 UBS, Zurich 760001 Accepted Kashinath No The Tapuriah transactio Account n in F.Y. was 2003-04 opened in year 1986 and was closed in the year 2000. 2 Standard 18- Accepted Kashinath No The Chartered Bank, 5748968- Tapuriah transactio Account Sahrjah 01 n in F.Y. was 2003-04 opened in year 2000-01 but it was never operative 3 Standard 18- Accepted Chandrik No The Chartered Bank, 2203316- a transactio account Sahrjah 01 Tapuriah n in F.Y. was 2003-04 never operative 4 Maerki Bauman, Konto Accepted Kashinath No The Driekonig strasse 2905 Tapuriah transactio Account 88022 Zurich (Sitaram) n in F.Y. was 2003-04 opened in year 1960’s- 70’s and was closed in 2000-01 5 Credit Suisse, 0835- Accepted Kashinath No The Paradeplatz, 357902-3 Tapuriah transactio Account 8070 Zurich n in F.Y. opened 2003-04 in year 2003 but no transactio n in any year and , 543 & 545/M/2019 & ors. 24 Smt. Chandrika Tapuriah & ors. was automati cally closed by the bank as there was no balance in the account. 6 Credit Lyonnaise 08- Accepted Kashinath No No 06702.7 Tapuriah transactio transactio Bahanhof strasse n in F.Y. n in the 3, Zurich 2003-04 account in any year. The account was closed in 2005. 7 Union Bancaire 713. 169 Accepted Kashinath No No Privee, Zurich Tapuriah transactio transactio n in F.Y. n in the 2003-04 account in any year. 8 Bank Jullius Baer A/c No. I am not AG, Zurich Not recalling available having such account.
So on the basis of evidence available on record the Ld. CIT(A) has rightly confirmed the addition made by the AO as the assessee has failed to controvert the evidence during the assessment procedures as well as before the first appellate proceedings.
The assessee has also not preferred to come up before the Tribunal despite taking numerous adjournments to support her grounds of appeal
in order to controvert the findings returned by the Ld. CIT(A). So in these circumstances the impaired order passed by the Ld. CIT(A) is hereby upheld. , 543 & 545/M/2019 & ors.
25. Smt. Chandrika Tapuriah & ors.
24. In view of what has been discussed above, the aforesaid appeals filed by the assessee, who has not preferred to argue the case despite having taken numerous opportunities through her authorised representatives on the last date of hearing, hereby dismissed. It is fact on record that vide order dated 09.03.2022 these appeals were decided by the Bench ex-parte and order was recalled to provide an opportunity of being heard to the assessee.
Resultantly the appeals filed by the assessee are hereby dismissed.
Order pronounced in the open court on 20.12.2023.