SHRI KISHORE MOHANLAL DINGRA,MUMBAI vs. DCIT, CIR-41(1)(1), MUMBAI

PER OM PRAKASH KANT, AM

This appeal by the assessee is directed against order dated
07.02.2024 passed by the Ld. Commissioner of Income-tax
(Appeals) – National Faceless Appeal Centre, Delhi [in short ‘the Ld.
CIT(A)’] for assessment year 2018-19, raising following grounds:

Grounds of a of Decision
Faceless App
Following gro
1) The Learne the Learned total credits including cash section 69A rw
2) The Learne considering p of addition of the bank acc
Rs.93,16,000
of the Income
3) The Learne the Learned A difference in authority and head Income-f
56(2)(x) of the 4) The Learne the Learned A under Section 5) The Learne the Learned A under Section 6) The Learne the Learned A Section 234C

7) The Learne the Learned A under Section 8) The Appell delete and/o appeal as and Shri K
ITA appeal against the Appellant Order &
dated 07/02/2024 passed by the peal Centre (NFAC), Delhi.
unds of appeal are without prejudice to e ed NFAC has erred in law & on facts in AO's action of addition of Rs.2,42,29,7
appearing in the bank accounts of the h deposit of Rs.93,16,000/- as per the p ws 115BBE of the Income Tax Act, 1961. ed NFAC has further erred in law & on f eak credits while upholding the Learned f Rs.2,42,29,763/-being total credits ap counts of the appellant including cash
0/- as per the provisions of section 69A rw
Tax Act, 1961. ed NFAC has erred in law & on facts in AO's action of addition of Rs.60,92,300/
valuation of property as per Stamp d the sale consideration actually paid
-from other sources as per the provisions e IT Act, 1961. ed CIT (A) has erred in law & on facts in AO's action of imposing interest of Rs.1
n 234A of the Income Tax Act, 1961. ed CIT (A) has erred in law & on facts in AO's action of imposing interest of Rs.8
n 234B of the Income Tax Act, 1961. ed CIT (A) has erred in law & on facts in AO's action of imposing interest of Rs. 4,5
of the Income Tax Act, 1961. ed CIT (A) has erred in law & on facts in AO's action of imposing surcharge of Rs.4
n 115BBE of the Income Tax Act, 1961. lant craves leave to add to and/or amen or modify and/ or alter the aforesaid d when the occasion demands.
Kishore Mohanlal Dingra
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A No. 2258/MUM/2024
& Grounds e National each other:
n upholding
763/- being e appellant rovisions of facts in not AO's action ppearing in deposit of ws 115BBE n upholding
/- being the p valuation under the s of section n upholding
15,65,200/- n upholding
80,49,600/- n upholding
544/- under n upholding
41,28,522/- nd and/ or grounds of 9) All the afo alternative an 2. At the outset, th there was a delay of the assessee and cer by the assessee, we admitted the appeal f
3. Briefly stated, assessment complete short ‘the Act’), t discrepancies in the à-vis books of accoun gathered by him way made additions, firstl bank accounts to be Rs.60,92,300/- bein valuation authority assessee, thirdly ad towards credit card upheld the additions
Tribunal by way of ra
4. Before us, the L
Book containing page
Shri K
ITA oresaid grounds of appeal are independ nd without prejudice to one another.
he Ld. counsel for the assessee f 23 days in filing the appeal du rtain health issues. In view of th condoned the delay in filing for adjudication.
facts of the case are that i ed u/s 143(3) of the Income-ta the Assessing Officer pointe turnover declared in return of i nts and deposits in bank accou of notice u/s 133(6) of the Act.
ly, amounting to Rs.2,42,29,763
e taxed at special rates, secon ng the value of the property and the sale consideration ddition of Rs.2,50,000/- u/s 6
expenses. On further appeal,
. Aggrieved the assessee is in ap aising grounds as reproduced ab
Ld. counsel for the assessee ha es 1 to 201 and also filed a writt
Kishore Mohanlal Dingra
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A No. 2258/MUM/2024
dent, in the e submitted that ue to old age of he reasons cited the appeal and in the scrutiny ax Act, 1961 (in ed out certain income filed vis- unts, which were Accordingly, he
3/- as credits in ndly, addition of and prescribed shown by the 69C of the Act the Ld. CIT(A) ppeal before the bove.
as filed a Paper ten synopsis.

Particulars
Shri K
ITA round Nos. 1 and 2 of the appea ncy in the turnover declared in r its appearing in the bank a eturn. In absence of any expla dition observing as under:
dered the facts of the case and submissio t. I find that even though the books of ac to be maintained u/s 44AD, but the appe ces of conducting the eligible business a wn. However the appellant has failed f conducting the eligible business and ring assessment proceedings as well ceedings. Further the claim of the appella awn but not utilized and again deposite wever the appellant has not submitted an s claim. I find that the turnover as per GS
0,000/- and turnover shown in the return
0,255/- whereas as per the bank statem edits of Rs.2,42,29,763/-. The appellan e reasons for differences between the figu ncome tax return and credits appearing i rther I find that most of the expenses we purposes. I find that the facts of the case by the appellant are not identical to the f hence the contention of the appellant is n view of the above discrepancies the add s confirmed and ground of appeal rais dismissed.”
Ld. counsel for the assessee detailed explanation reconciling nd turnover declared in the re sion of the assessee reproduced ount to be excluded including cash de of IT Act. - ICICI Bank
Amount
Reason
Kishore Mohanlal Dingra
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A No. 2258/MUM/2024
al, the Ld. CIT(A) return of income ccounts of the anation, the Ld.
ons filed by ccounts are ellant has to nd basis of d to show d basis of as during ant that the ed in bank ny evidence
ST return is n of income ments there nt has not ures shown in the bank ere incurred e case laws facts of the s not found dition made sed by the in the written g the deposits in turn of income.
as under:
eposit added u/s Apar Advertisers

Cash Deposit

TRANSFER
A/c.074001507878

RETURNED

RETURNED- JASPAL
CARGO CARRIERS

RETURN FROM SWASTI
CARS (CAR PUR)

Race

Contra

Sapphire Land Dev. Pvt.
Ltd
Shri K
ITA

Rs.46,05,000

Rs. 40, 00, 00
considered i balance of Rs opening de
(31/03/2017)
14,00, 000. Balance She
31/03/2017
break-up of creditors a advances is herewith. Ba on 31/03/2
reflecting in IT A.Y. 2017-18
15 & 16 of pa filed date

Rs.80,94,000

Considered se
No. 5 below

Rs.5,00,000

It is tran
Appellant's w

Rs. 90,000

It is cheque re considered as Rs. 1,42,000

It is cheque re considered as IK
Rs. 45,125

It is cheque re considered as Rs. 1,50,000

It is already c income from s
ITR under th from other page No. 95 of filed dated 09

Rs. 24,630

It is contra en considered as .
Rs.25,00,000
Rs.30,00,000
advances (Lia
Kishore Mohanlal Dingra
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A No. 2258/MUM/2024
00 already n ITR and s. 6,05, 000 is out ebtors
7) of Rs.
Copy of eet as on along with f debtors, and other s attached alance Sheet as 2017 is TR filed for the 8 (Page No. 14, aper book ed 09/10/20241
eparately in point sfer from wife account.
eturn can't be s income.
eturn can't be s income.
eturn can't be s income.
considered as stake money in he head income r sources (COI of paper book
9/10/2024) ntry can't be s income.
0 Shown as ability) in ITR

Ravindra Baliram
JASPAL CARGO
CARRIERS
DHARMENDRA
KESHAVDAS
Total
Balance
(Rs.2,24,67,763
minus
Rs.1,82,73,657)
Shri K
ITA

(Page No. 5 of dated 09/10/
balance sheet along with bre debtors, credi advances is a herewith.
Rs.3,50,000
Shown as adv in ITR (Page N book filed dat
Copy of balan
03-2018 along of debtors, cre advances is a herewith.
Rs.5,58,000
Shown as Uns
ITR (Page No.
filed dated 09
Copy of balan
03-2018 along of debtors, cre advances is a herewith.
Rs.3,00,000
Shown as adv in ITR (Page N book filed dat
Copy of balan
03-2018 along of debtors, cre advances is a herewith.
Rs.1,82,73,657

Rs.41,94,107
(Details attached herewith)

Kishore Mohanlal Dingra
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A No. 2258/MUM/2024
f paper book filed
/2024). Copy of t as 31-03-2018
eak-up of itors and other attached vances (Liability)
No. 5 of paper ted 09/10/2024).
nce sheet as 31- g with break-up editors and other attached secured loans in 5 of paper book
9/10/2024).
nce sheet as 31- g with break-up editors and other attached vances (Liability)
No. 5 of paper ted 09/10/2024).
nce sheet as 31- g with break-up editors and other attached

4) Working of amount added u/s 69A r.w.s.HS
Particulars

Sapphire Land Dev. P
Ltd

Balance (Rs. 17,63, 1
minus Rs. 5,00,000)

5) Out of the total c withdrawal was R at Para No. 5.7, had opening cash o
2017-18 of paper peak credit/exces withdrawals & o
(Rs.80,94,000/- m attached herewith)
6) In the case advertisement hoa para No.3.6, page
Shri K
ITA to be excluded in amount includin
SBBE of IT Act. - PMC Bank
Amount

Reason

Pvt. Rs. 5,00,000

Rs. 30, 0
as (Liability)
(Page No book f

09/10/2
balance s

03-2018
break-up creditors advances herewith

17 Rs.12,63,117

cash deposit of Rs.80,94,000/- in ICIC
Rs.38,85,000/- (Duly mentioned in A page No. 13) (being redeposit of ca on hand of Rs.7,62,961/- (Page No. 16
book filed dated 09/10/2024) con ss cash deposit (after reducing re opening cash on hand) amounts t minus RS.38,85,000/- minus Rs.7,62,
).
of Appellant's business of sale ardings was been accepted for the e No. 6 of the Assessment order d
Kishore Mohanlal Dingra
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A No. 2258/MUM/2024
ng cash deposit
00, 000 Shown advances
) in ITR o. 5 of paper filed dated
2024). Copy of sheet as 31- along with p of debtors, s and other s is attached h.
ICI Bank, total cash
Assessment Order ash) and appellant
6 being ITR for A.Y.
nsidering the same e-deposits of cash to Rs.34.46.039/-
,961/-) (working is and purchase of A.Y. 2016-17 vide dated 30/12/2018

passed u/s 143(3
virtue of which Rul
The learned AO h amounts for adver for these receipts s and have gone to business. (Para No words, the learne advertisement bas bringing any mate advertisement bus
7) Therefore it is the head business
ICCI bank as per
PMC bank as per above) +Rs.40,00,0
receipts considered which is more t claimed in ITR b u/s u/s 69A r.w.s.
Hence, Gr. No 1 &
5.2 We have heard the relevant material have been made for support of same hav interest of substantia
Shri K
ITA

3) of the IT Act, 1961 (Copy is atta le of consistency should be followed eld that where assessee has claime rtising business, the study of bank t show that they are not in the nature o fund activities which are not related o. 5.4, page No. 7 of the assessmen ed AO held that appellant is not int sed on application/utilization of amou erial to show that the assessee wa iness.
s contended that, total receipts to be is Rs.1,29,03,263/- [Rs.41,94,107/- point No.3 above) +Rs.12,63,117/- point no.4 above) +Rs.34,46,039/-
000 (Apar Advertisers as per point N d in ITR as per point No.1 above is than Rs.1,29,03,263/-. Therefore, be accepted and addition made of .115BBE of IT Act is required to be 2 of the Appellant may be allowed.”
rival submissions of the parti s on record. We find that all the the first time before us and n ve been filed for reconciliation, t al justice, we feel it appropriate
Kishore Mohanlal Dingra
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A No. 2258/MUM/2024
ached herewith) by d.
d to have received transaction pattern of business receipts d to advertisement nt order). In simple to the business of nt received without as not engaged in e considered under - (balance credits in (balance credits in (as per point No.5
No.1 above)]. Gross s Rs.1,29,90,255/- e, gross receipts f Rs.2,42,29,763/- e deleted.
ies and perused ese submissions no evidences in therefore, in the e to restore this matter back to the fil to the assessee to pr made above. The gro are accordingly allow
6. In respect of gr submission explainin were filed in suppor ground No. 3 is also r to be decided afresh
The ground No. 3 o statistical purposes.
7. The ground Nos. 4
9 are general, hence
7. In the result, statistical purposes.
Order pronoun (RAHUL CHA
JUDICIAL M
Mumbai;
Dated: 25/02/2025
Rahul Sharma, Sr. P.S.

Copy of the Order forward
1. The Appellant
2. The Respondent.
3. CIT
Shri K
ITA le of the Assessing Officer with rovide all documents to support ound No. 1 and 2 of the appeal wed for statistical purposes.
round No. 3 also the assessee h ng discrepancy. As no docume rt of its contention before the L restored back to the file of the A after considering submission o of the appeal of the assessee
4 to 7 are consequential and Gr these grounds are dismissed as the appeal of the assessee ced in the open Court on 25/0
d/- AUDHARY)
(OM PRAK
MEMBER
ACCOUNTA ded to :

Kishore Mohanlal Dingra
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A No. 2258/MUM/2024
the opportunity t its contentions of the assessee has filed written entary evidence
Ld. CIT(A), the Assessing Officer of the assessee.
e is allowed for round No. 8 and infructuous.
is allowed for 02/2025. d/-
KASH KANT)
ANT MEMBER

////

Shri K
ITA

BY ORDER

(Assistant Re

ITAT, Mu

Kishore Mohanlal Dingra
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A No. 2258/MUM/2024
R, gistrar) umbai