TaxTMI 
TaxTMI 
TaxTMI 
2019 (9) TMI 99
X X X X Extracts X X X X
X X X X Extracts X X X X
....d Loans from Smt. Parvati Devi Rs. 9,90,00/- and from Mr. Tajuddin Rs. 1,20,000/-. The amount was received through banking channel was duly confirmed by them. The disallowance made on hearsay grounds is unjustified and illegal. 4. For that the interest U/s 234A and 234B should be charged on returned income and not on assessed income following the decision of Hon'ble Jharkhand High Court. In any view the same could have been charged u/s 234A(3) and 234B(3) only. 5. For that other grounds in detail will be argued at the time of hearing. 2. The assessee has also filed additional grounds of appeal, which read as under :- ADDITIONAL GROUND OF APPEAL : 1. For that in respect of addition of Rs. 2,43,236/- consisting of interest and maturity of FDs, Ld. CIT(A) erred in directing to reduce only the amount interest already shown in the ROI, after due verification. The maturity value same also consisted of the face value of FDs, amounting to Rs. 48,113/- x 4 = Rs. 1,92,452/- as on 10.10.2008, which did not amount to income of the appellant. As such further direction be given to reduce the face value of the FDs also. It is, stated and submitted that the above ground arises out o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....response to notice u/s 148 showing total income of Rs. 7,09,241/-. Accordingly, the Assessing Officer framed the assessment u/s.147/143(3) of the Act, dated 27.10.2017 assessing total income of the assessee at Rs. 30,48,780/- and made addition of Rs. 9,61,984/- on account of undisclosed receipts or income, Rs. 2,43,236/- on account of income from other sources, Rs. 24,318/- u/s.43B of the Act and Rs. 11,10,000/- on account of unsecured loan, respectively. 4. Feeling aggrieved from the assessment order, the assessee appealed before the CIT(A), wherein the CIT(A) after considering the submissions of the assessee and findings of the Assessing Officer, upheld the additions made by the Assessing Officer except the addition made on account of income from other sources and directed the Assessing Officer to examine the issue and to reduce the addition after deducting the interest already shown in the return of income. Finally, the CIT(A) partly allowed the appeal of the assessee. 5. Further aggrieved from the order of CIT(A), the assessee is in appeal before the Income Tax Appellate Tribunal. 6. Ld. AR before us did not argue the ground No.1 on legal issue regarding challenging the reo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....lso. 9. On the other hand, ld. DR relied on the orders of lower authorities and submitted that the assessee had not disclosed these bank accounts in which the assessee has deposit of Rs. 9,61,984/-. He could not substantiate that any work has been carried out by him as a petty contractors from the outside. No any external receipts were also submitted by the assessee, neither any labour details or labour payments or any work orders have been submitted by the assessee. Further in respect of unsecured loan, ld.DR submitted that the assessee could not establish his liability to comply the provisions of Section 68 of the Act. The letters sent by the Assessing Officer were returned unserved. Once the letters issued by the Assessing Officer returned unserved, it was the duty of the assessee to comply the notice but he could not do so. Further the AR of the assessee has produced bank statements before the Tribunal only for a short period in which only opening balance is appearing. Further, it was noticed that there was a cash deposit of Rs. 1,75,000/-. Thereafter no other deposits had been made by Parvati Pal. Further no creditworthiness have been proved by the assessee. Therefore, in t....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of the relevant part of the Income Tax Return in which there is a separate columns for the income offered u/s.44AD of the Act. The assessee is also unable substantiate with any external vouchers that the amount has been received from the contractee for civil contract works done. No any work order nor any receipts from the contractee has been produced by the assessee. The assessee is only to correlate with the receipts from the contractee as well as the deposit of some amount in the bank account. Ld. AR before us submitted that there was a profit of Rs. 2,16,932/- has been earned from the civil petty contract but he has deposited of Rs. 9,61,984/- in his bank account. The assessee could not establish the deposits in bank account that it has been received from the contractee with cogent materials. Therefore, keeping in view of the facts and circumstances of the case, we are of the opinion that the observations of the lower authorities in this regard are justified. This ground of appeal is dismissed. 12. Further in respect of unsecured loan of Rs. 11,10,000/-, the assessee was unable to discharge his liabilities as per Section 68 of the Act. We notice from the bank statements produ....