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Income Tax Appellate Tribunal - Mumbai

Mrudula C. Vora, Mumbai vs Ito Wd 25(2)(2), Mumbai on 13 October, 2017

            IN THE INCOME TAX APPELLATE TRIBUNAL,
                   MUMBAI BENCH "B", MUMBAI

       BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND
     SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER

                          ITA No.3536/M/2014
                        Assessment Year: 2009-10

         Mrs. Mrudula C. Vora,         Income Tax Officer,
         B-10,     Shashi     Tara     Ward 25(2)(2),
         Apartments,                   Pratyakshakar Bhavan,
                                   Vs.
         S.V.P. Road, Boriwali         Bandra Kurla Complex,
         (W),                          Mumbai - 400 051
         Mumbai-400 103
         PAN: AEMPV 2322J
               (Appellant)                     (Respondent)

       Present for:
       Assessee by           : None
       Revenue by            : Shri Suman Kumar, D.R.

       Date of Hearing       : 17.08.2017
       Date of Pronouncement : 13.10.2017

                              ORDER

Per D.T. GARASIA, Judicial Member:

The present appeal has been preferred by the assessee against the order dated 06.02.2014 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2009-10.

2. One of the effective grounds taken by the assessee relates to confirmation of addition on account of unexplained cash credit u/s 68 of the Act.

The short facts of the case are that there was information from AIR that assessee maintained bank account with Axis Bank wherein 2 ITA No.3536/M/2014 Mrs. Mrudula C. Vora cash deposit of Rs.10,80,000/- was found. Assessee was able to produce the evidence in respect of Rs.4,80,000/- but in respect of Rs.6,00,000/- assessee could not produce any evidence before the AO and the Ld. CIT(A). Therefore, the Ld. CIT(A) has confirmed the addition of Rs.6,00,000/-.

3. Before us, the assessee did not remain present and no evidence was produced before us. Therefore, we have no alternative except to endorse the action of the Ld. CIT(A). Hence, this ground of the appeal is dismissed.

4. Another effective ground taken by the assessee relates to disallowance of F&O loss of Rs.80,19,820/-.

In respect of disallowance of loss arising from F&O transactions of Rs.80,19,820/- the assessee was asked to furnish broker's note and Dmat account. However, assessee did not file any details. Therefore, loss of Rs.80,19,820/- was denied.

5. Before us, the assessee did not remain present and no evidence was produced before us. Therefore, we have no alternative except to endorse the action of the Ld. CIT(A). Hence, this ground of the appeal is dismissed accordingly.

6. In the result, appeal of the assessee is dismissed.

Order pronounced in the open court on 13.10.2017.

          Sd/-                                              Sd/-
 (Manoj Kumar Aggarwal)                               (D.T. Garasia)
ACCOUNTANT MEMBER                                  JUDICIAL MEMBER
Mumbai, Dated:13.10.2017.
* Kishore, Sr. P.S.
                                             3                      ITA No.3536/M/2014
                                                                   Mrs. Mrudula C. Vora

Copy to: The Appellant
        The Respondent
        The CIT, Concerned, Mumbai
        The CIT (A) Concerned, Mumbai
        The DR Concerned Bench
//True Copy//                           [




                                                By Order



Dy/Asstt. Registrar, ITAT, Mumbai.