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Income Tax Appellate Tribunal - Hyderabad

Viswanadha Naidu Kasturi , Tirupati vs Asst. Commissioner Of Income Tax, ... on 6 May, 2021

        IN THE INCOME TAX APPELLATE TRIBUNAL
         HYDERABAD BENCHES "A" : HYDERABAD
             (THROUGH VIDEO CONFERENCE)

       BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER
                         AND
     SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER

                  I.T.A. No. 1820/HYD/2018
                   Assessment Year: 2016-17

      Sri Viswanadha Naidu           Asst. Commissioner
      Kasturi,                    Vs of Income Tax,
      TIRUPATI                       Central Circle-2(3),
      [PAN: AKGPK2780D]              HYDERABAD
             (Appellant)                   (Respondent)

        For Assessee    : Shri S.Rama Rao, AR
        For Revenue     : Shri Sunil Kumar Pandey, DR

            Date of Hearing            :   23-03-2021
            Date of Pronouncement      :   06-05-2021

                            ORDER

PER S.S.GODARA, J.M. :

This assessee's appeal for AY.2016-17 arises from the CIT(A)-12, Hyderabad's order dated 25-06-2018 passed in case No.10461/2017-18, in proceedings u/s.143(3) of the Income Tax Act, 1961 [in short, 'the Act'].

Heard both the parties. Case file perused.

2. The assessee's sole substantive grievance raised in the instant appeal challenges correctness of both the lower authorities' action adding alleged his un-disclosed income of Rs.8 lakhs in the course of assessment dt.29-12-2017 affirmed in CIT(A)'s order vide following detailed discussion:

:- 2 -:

"6.0 Addition on account of cash found of Rs.8,00,000/-: 6.1 The addition was made by the AO on the following grounds: "During the course of search, cash amounting to Rs.8,00,000/- was found in Locker No.42 in Dhanlakshmi Bank RC Road, Tirupati. The assessee was required to explain the source of such cash found. Sri K.Vishwanath Naidu vide letter dated 29.12.201 stated that the cash was out of receipts collected from the lot owners a Haritavanam project and thus cannot be treated as undisclosed income. The contention of the assessee in unconvincing and no evidences have been brought forth by the assessee to substantiate such claim. Since the source of such cash has not been clearly substantiated, the amount of Rs.8,00,000/- is added to the total income of the assessee. Penalty proceedings u/s 271AAB are initiated as per the provisions of the Act. (Addition Rs.8,00,000) 6.2 The submissions made by the appellant's AR on this issue are as under:

"Ground No.2 is against the addition of Rs.8 lakhs. The Assessing officer added Rs.8,00,000/- representing cash found on the date of search. The search was on 14.03.2016. The assessee submitted that cash was collected from the lot owners for development of the plots. The Assessing officer, while deciding the assessment of the company, held that substantial cash receipts were found during the search and seizure operations. The said amount was received by the assessee to meet the expenditure towards development. The Assessing Officer disbelieved the explanation without any reason. In fact the receipts against the expenditure added in the assessment of the company are as under:

                    Asst.Year           Amount (in Rs.)
                 2012-13                   4,83,68,146
                 2013-14                   6,51,24,122
                 2014-15                   2,90,18,114
                 2015-16                  11,79,01,710
                 2016-17                   5,32,77,565
                 Total addition:          31,36,89,657

The assessee is the Managing Director of the company. The amounts received after including the expenditure is available with the assessee. The assessee in the said appeal contested the addition on the ground that expenditure to be incurred is to be reduced and and only net income can be assessed. In the circumstances the Assessing Officer is not justified in making the addition of Rs.8,00,000/- as the assessee was in possession of the above amounts. The same may please be directed to be deleted."

:- 3 -:

6.3 From the above, it is seen that it has been the contention of the appellant during assessment as well as appellate proceedings that the cash was out of receipts collected from the plot owners. However, no evidences to substantiate this claim were filed during assessment proceedings. During appellate proceedings also, the same argument has been repeated, but not an iota of evidence is furnished in support of this contention. Moreover, the cash has been found from the Locker of the appellant, and if the cash was indeed received from plot owners to meet expenditure on development, as claimed by the appellant's AR, it is not understandable why it would be kept in locker. Also, no cash book or cash-flow statement has been furnished.

In view thereof, I find no reasons to interfere with the order of the Assessing Officer on this issue, and the addition made is confirmed".

3. Learned authorised representative vehemently contended during the course of hearing that both the lower authorities have erred in law on facts in making the impugned addition despite the fact that the same belongs to the company, M/s.Varsha Viswanath Properties Pvt. Ltd. And that this company had received the impugned sum as land development advance(s) from various customers followed by its declaration before the departmental authorities to the tune of Rs.31.36 crores (supra).

4. Mr.Rama Rao, further sought to clarify that the impugned sum already stands assessed in the hands of the company which makes it an instance of double addition only.

5. We have given our thoughtful consideration to rival pleadings against and in support of the impugned addition. As rightly pointed out at the Revenue's behest and in view of the CIT(A)'s detailed discussion, it is sufficiently clear that the impugned sum has been recovered from a bank locker maintained in the name of the assessee-individual than the company. He has also not given any details about the parties :- 4 -:

paying the impugned advances to the company as well. Faced with this situation, we are of the opinion that both the learned lower authorities have rightly made the impugned addition in assessee's hands in individual capacity after assessing that the same represents his un-disclosed income only.

6. This assessee's appeal is dismissed.

Order pronounced in the open court on 6 th May, 2021 Sd/- Sd/-

(LAXMI PRASAD SAHU)                         (S.S.GODARA)
ACCOUNTANT MEMBER                         JUDICIAL MEMBER
Hyderabad,
Dated: 06-05-2021
TNMM
                                :- 5 -:
                                                ITA No. 1820/Hyd/2018




Copy to :

1.Sri  Viswanadha       Naidu     Kasturi,   H.No.3/525/1,

Gayatrinagar, Tirupati, Chittoor Dist. Andhra Pradesh.

2.The Asst.Commissioner of Income Tax, Central Circle-2(3), Hyderabad.

3.CIT(Appeals)-12, Hyderabad.

4.Pr.CIT(Central)-Hyderabad.

5.D.R. ITAT, Hyderabad.

6.Guard File.