ANUJ SOOD,NEW DELHI vs. ACIT CENTRAL CIRCLE-06, NEW DELHI

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ITA 288/DEL/2021Status: DisposedITAT Delhi24 July 2023AY 2018-194 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision, stating that the assessee failed to provide convincing evidence to prove the source of the remaining cash. Affidavits and confirmations from family members were considered self-serving.

What were the facts?

During a search, cash of Rs. 73,10,000 was seized. The assessee disclosed Rs. 35,89,900 as income and claimed the remaining Rs. 37,20,100 belonged to his mother and wife. The Assessing Officer and CIT(A) did not accept this explanation due to lack of documentary evidence.

What were the issues?

Whether the assessee provided sufficient evidence to explain the source of unexplained cash found during a search, and if the CIT(A) erred in confirming the addition.

Which sections of the Income-tax Act were involved?

Section 69A,Section 115BBE,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI

Before: Sh. Saktijit DeyDr. B. R. R. Kumar

For Appellant: Adv. Sh. Shayam Sunder, Adv
Hearing: 27.04.2023Pronounced: 24.07.2023

ORDER

Per Dr. B. R. R. Kumar, Accountant Member:

1.

The present appeal has been filed by the assessee against the order of ld. CIT(A)-24, New Delhi dated 02.02.2021.

2.

Following grounds have been raised by the assessee:

“1. On the facts and circumstances of the case, the order passed by the ld. CIT(A) is bad in law and against the principles of natural justice. 2. That the ld. CIT(A)-24, New Delhi has grossly erred both on facts and in circumstances of the case and in law, dismissing the appeal of the appellant assessee fact by not allowing and confirming the addition made by the ld. AO to the tune of Rs.37,20,100/- on account of unexplained money u/s Anuj Sood 69A r.w.s. 115BBE of the Income Tax Act, 1961 without any proper reassoning in an arbitrary manner.

3. That the ld. CIT(A)-24, New Delhi has erred on the facts and in circumstances of the case and in law by not allowing assessee’s appeal by dismissing the ground that the AO has not provided proper opportunity of being heard and violated the principle of natural justice by either rejecting or ignoring the submission made by appellant assessee.”

3.

Ground No. 1, 4 & 5 (Annexure-A) are general in nature. Ground No. 3 is dismissed owing to the fact that the opportunities were duly accorded by the revenue authorities at both levels viz., AO and ld. CIT(A) and submissions of the assessee have been duly considered.

4.

During the course of search, cash of Rs. 73,10,000/- was seized. The appellant disclosed cash of Rs. 35,89,900- as his income in his return for AY 2018-19. With regard to remaining cash of Rs. 37,20,100/-, the appellant submitted before the AO that cash of Rs 19,36,049/- belonged to his mother Smt. Neelam Sood. The Assessing Officer did not accept the explanation as no documentary evidence regarding source of the cash was submitted.

4. During the proceedings, the ld. CIT(A), the assessee submitted that out of total cash seized of Rs.73,10,000/-, Rs. 39,94,196/- belonged to the assessee. It was stated that the cash belonged to i) assessee, ii) Ms Neelam Sood (assessee's mother) of Rs.19,36,000/- and iii) Mrs. Noor Preet Domeli (assessee's wife) of Rs.15,84,000/-. The assessee submitted before the ld. CIT(A) that out of the total cash found and seized, a sum of Rs.19.36 lacs belong to Ms. Neelam Sood and Anuj Sood since the AO subsequently accepted (no such observation by the AO) the same and passed assessment order u/s 143(3) of the Income Tax Act, 1961 dated 30.12.2019 at the returned income of Ms. Neelam Sood, no further addition can be made in the hands of the assessee. The AO considered the amount in the hands of the assessee and hence no addition in the case of Ms. Neelam Sood is called for. The assessee has also submitted affidavit along with confirmation of Ms. Noor Preet Domeli that cash of Rs.15,84,000/- belongs to her. The ld. CIT(A) confirmed the addition holding as under:

It is a fact on record that Ms. Neelam Sood has declared income from salary of Rs 12,00,000/- and income from other sources of Rs. 1,92,788/- .The return of income does not in any way justify that the source of cash found during search belonged to Smt. Neelam Sood. The Assessing Officer of the appellant as well as Smt. Neelam Sood was same. After considering all the facts, he concluded that the cash belonged to the appellant and made addition in his hands accordingly, Not adding cash in the hands of Smt. Neelam Sood does not mean that the cash stands explained in her hands. On the date of search, statement on oath of the appellant was recorded in which he failed to explain the source of cash. Filing of confirmation or affidavit from family members are self serving documents which do not explain the source of cash in the hands of these family members. It is held that the appellant failed to explain the source of cash of Rs. 37,20,100/- Hence, addition of Rs. 37,20,100/- is confirmed.

5.

Before us, the ld. AR reiterated the documents filed before the authorities below and the ld. DR supported the order of the ld. CIT(A). It is a fact on record that an amount of Rs.73,10,000/- has been found and seized during the search. The assessee has disclosed in the return of income an amount of Rs.35,89,900/-. It was submitted that an amount of Rs.19,36,000/- belongs to Smt. Neelam Sood and the remaining

Anuj Sood amount belongs to wife of the assessee Smt. Noor Preet Domeli. It is also a fact on record that Smt. Neelam Sood has declared income from salary of Rs.12,00,000/-. The source of the cash has not been proved by any cogent evidence such as withdrawal from the bank or any other earnings which have been duly disclosed to tax.

6.

Hence, in the absence of any forceful, convincing, tangible, persuative evidence on record, we decline to interfere with the order of the ld. CIT(A).

7.

In the result, the appeal of the assessee is dismissed. Order Pronounced in the Open Court on 24/07/2023.

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