MOHAMMED JUNAID YUSUF RINDANI,MUMBAI vs. WARD25(2)(1), MUMBAI, MUMBAI
IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D’ BENCH
MUMBAI
BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER
&
SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER
Mohammed
Junaid
Yusuf Rindani
2nd Floor, Room No.209
95, Memonwada Road
Maharashtra-400 003
Vs. ITO-Ward
25(2)(1),
Mumbai / National e-
Assessment
Centre,
Delhi
PAN/GIR No.AGWPR1344N
(Appellant)
..
(Respondent)
Assessee by Shri Ashok Sharma
Revenue by Shri R.R. Makwana, Addl.
CIT
Date of Hearing
09/04/2025
Date of Pronouncement
22/04/2025
आदेश / O R D E R
PER AMIT SHUKLA (J.M):
The aforesaid appeal has been filed by the assessee against order dated 29/10/2024 passed by NFAC, Delhi for the quantum of assessment passed u/s.147 for the A.Y.2014-15. 2. In the grounds of appeal, assessee has challenged the addition of Rs.68,83,300/- made u/s.69A in respect of cash deposits in bank.
Mohammed Junaid Yusuf Rindani
2
3. The brief facts are that the ld. AO has issued a notice u/s.148 on 31/03/2021 stating that assessee has not filed return of income for A.Y.2014-15 and as per the information received on insight portal of the department, assessee has entered into financial transaction wherein there were cash deposits in the bank account for sum of Rs.68,83,300/- since there was no reply and no return of income was filed by the assessee, the ld. AO made the entire addition in the cash deposits.
4. Before the ld. CIT (A) it was stated that assessee is engaged in the business of labour contracts and has filed return of income offline mode on 31/03/2015, the copy of which was submitted before the ld. AO also. Further, it was stated that assessee in response to the show-cause notice before the AO has filed offline copy of ITR alongwith bank statement and also made further submissions in reply to the show-cause notice which included cash book, cash flow bank statement and copy of ITR.
The assessee has also asked for video hearing which was denied by the AO. However, the ld. CIT (A) noted that despite multiple opportunities, assessee has not furnished any details nor any adjournment application. Accordingly, he has dismissed the appeal exparte stating that upholding appeal made by the ld. AO.
5. Before us ld. Counsel submitted that assessee could not receive the notices through e-mail and assessee was not aware of the notices which were sent through e-mail. However, before the ld. AO assessee had submitted the bank statement from which it Mohammed Junaid Yusuf Rindani
3
can be seen that only Rs.25,29,700/- was deposited in the bank account and not Rs.68,83,300/-, therefore, the addition made by the ld. AO itself is unanimous. Further, all these deposits are duly substantiated by the cash book wherein assessee had disclosed his business income from labour contract business.
6. After considering the relevant material placed on record, it is seen that ld. AO has noted that no reply / return of income has been filed where as in the statement of facts filed before the ld.
CIT (A) it has been stated that assessee has filed return of income off line on 31/03/2015 alongwith bank statement of both the bank accounts with Jammu & Kashmir bank being account
No.906 and 1317. None of these documents furnished offline has been considered by the ld. AO. From the perusal of the statement, it is seen that the total cash deposits are only
Rs.25,29,700/- on various dates which are as under:-
Date
Bank A/c
A/c
No.
Amount
03-04-2013
Jammu & Kashmir Bank
500000
09-04-2013
Jammu & Kashmir Bank
28000
18-04-2013
Jammu & Kashmir Bank
123000
02-05-2013
Jammu & Kashmir Bank
59000
09-05-2013
Jammu & Kashmir Bank
68200
29-06-2013
Jammu & Kashmir Bank
150000
17-08-2013
Jammu & Kashmir Bank
100000
Mohammed Junaid Yusuf Rindani
11-07-
2013
Jammu & Kashmir Bank
1317
20000
12-11-
2013
Jammu & Kashmir Bank
1317
14200
13-12-
2013
Jammu & Kashmir Bank
1317
23000
Total
57200
Further, before us ld. Counsel also filed the summary of cash book which is as under:- PARTICULARS
AMOUNT
PARTICULARS
AMOUNT
OPENING BALANCE
B/F
5,89,121.21
CAPITAL WITH MRK
ENTERPRISES
8,25,000.00
04-09-2013
Jammu & Kashmir Bank
100000
05-09-2013
Jammu & Kashmir Bank
3000
25-09-2013
Jammu & Kashmir Bank
185000
19-11-2013
Jammu & Kashmir Bank
12000
28-11-2023
Jammu & Kashmir Bank
4300
16-12-2013
Jammu & Kashmir Bank
32000
24-02-2014
Jammu & Kashmir Bank
108000
27-03-2014
Jammu & Kashmir Bank
500000
28-03-2013
Jammu & Kashmir Bank
500000
Total
2472500
Mohammed Junaid Yusuf Rindani
5
CASH WITHDRAW
FROM J& K BANK 1317
25,56,238.00
CASH
DEPOSIT IN J& K BANK
906
24,72,500.00
CASH WITHDRAW
FROM J& K BANK 906
39,10,939.00
CASH
DEPOSIT IN J& K BANK
1317
57,200.00
LABOUR CHARGES
RECD.
7,42,003.00
DRAWINGS
59,86,000.00
CAPITAL WITH ACE
ASSOCIATES
22,00,000.00
SALARIES
1,52,000.00
CONVEYANCE
15,000.00
MISC.
EXPENSES
16,000.00
BALANCE C/F
4,74,601.21
TOTAL
99,98,301.21
TOTAL 9,98,301.21
Since these documents have not been examined or verified by the ld. AO and neither assessee had appeared before the ld. CIT(A), therefore, in the interest of justice, the matter is restored back to the file of the ld. AO who shall examine the bank deposit in the banks as per the bank statements as well as cash book maintained by the assessee to examine the source of cash. The assessee is also directed to cooperate during the course of assessment proceedings. Accordingly, appeal of the assessee is allowed for statistical purposes. Mohammed Junaid Yusuf Rindani
6
9. In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced on 22nd April, 2025. (GIRISH AGRAWAL) (AMIT SHUKLA)
ACCOUNTANT MEMBER
JUDICIAL MEMBER
Mumbai; Dated 22/04/2025
KARUNA, sr.ps
Copy of the Order forwarded to :
BY ORDER,
(Asstt.