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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Manoj Kumar Aggarwal
This assessee’s appeal for A.Y. 2013-14arises against the National Faceless Appeal Centren(NFAC) Delhi’s order dated 31.07.2021, passed in case No. CIT(A), Kozhikode/11080/2019-20, involving proceedings under Section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short the Act).
Heard both the parties. Case file perused.
Coming to the assessee’s sole substantive grievance that both the lower authorities have erred in law and on facts in making Section 68 addition of unexplained cash credits, Shri Johnson vehemently argued in favour of the corresponding pleadings throughout that this taxpayer had indeed filed his return under Section 44AD of the Act declaring income 2 M/s. Kunnummakkara Service/Income Tax Officer, W(2)(2) derived from brick’s business. Learned AR’s case therefore is that the entire sum ought to have been treated as business income only and the impugned Section 68 addition deserves to be deleted.
We find no merit in assessee’s stand as despite our repeated queries, there are no details of the area of land or labour payment; as the case may be so as to prove the brick kiln production business at all. This is further coupled with the fact that the learned Assessing Officer has only added peak cash to the tune of Rs.7,15,000/-. We thus uphold the lower authorities action to this effect therefore. The assessee fails in his sole substantive ground.
The assessee’s Stay Petition No. 28/Coch/2021 stand disposed off in very terms.
This assessee’s appeal ITA.No.152/Coch/2021 is dismissed and the stay application SA No.28/Coch/2021 stands rendered infructuous. Ordered accordingly.
A copy of this common order be placed in the respective case files.
Dictated and pronounced in the open Court on 19th December, 2022.