ANIL KUMAR GUPTA,DELHI V. ITO, WARD 49(3), NEW DELHI

ITA 2112/DEL/2023

AI Insights

The case involves Anil Kumar Gupta, the appellant, whose locker was searched during a operation under section 132 of the Income Tax Act, 1961, at Fakir Chand Lockers and Vaults Pvt. Ltd. on December 14, 2018. A substantial amount of cash, Rs. 18,50,000, was found in the locker, which Gupta claimed was from the cash book of M/s. Shree Balaji Trading Company. The Assessing Officer (AO) rejected this explanation, leading to an addition of the amount as unexplained money. Gupta's appeal to the CIT(A) was unsuccessful, prompting the current appeal to the Tribunal. Despite multiple notices, Gupta did not appear to pursue his appeal, leading the Tribunal to decide based on the available records and the arguments presented by the Department's representative.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 396499 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ASHISH TRIPATHI
• Keywords: Search and seizure
• Section: 143(3); 142(1); 132

Judgement Text

"आयकर अपीलीय अिधकरण िदʟी पीठ “ए”, िदʟी ŵी िवकास अव̾थी, Ɋाियक सद˟ एवं ŵी अवधेश क ुमार िमŵा, लेखाकार सद˟ क े समƗ IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI AVDHESH KUMAR MISHRA, ACCOUNTANT MEMBER आअसं.2112/िदʟी/2023(िन.व. 2019-20) ITA No. 2112/DEL/2023 (A.Y.2019-20) Anil Kumar Gupta, 159/161, 2nd Floor, Katra Baryan, Chandni Chowk, Delhi 110006 PAN: AAKPG-3803-F ...... अपीलाथᱮ/Appellant बनाम Vs. Income Tax Officer, Ward 49(3), Civic Centre, New Delhi 110002 ..... ᮧितवादी/Respondent Assessee by : None Department by : Shri Ashish Tripathi, Sr. DR सुनवाई कᳱ ितिथ/ Date of hearing : 03.03.2025 घोषणा कᳱ ितिथ/ Date of pronouncement : : 28.05.2025 आदेश/ORDER PER VIKAS AWASTHY, JM: This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-27, New Delhi (hereinafter referred to as 'the CIT(A)') dated 30.05.2023, for assessment year 2019-20. 2. Brief facts of the case as emanating from records are: A search & seizure operation u/s. 132 of the Income Tax Act,1961(hereinafter referred to as ‘the Act’) was conducted in Fakir Chand Lockers and Vaults Pvt. Ltd. on 14.12.2018 The assessee was having one of the lockers i.e Locker No. 245 at 6704A Khari Baoli, Delhi. The aforesaid locker was also covered under search and seizure 2 ITA No.2112/Del/2023 (AY 2019-20) action. During the search operation cash of Rs.18,50,000/- was found and seized from the said locker. Notice u/s. 142(1) of the Act was issued to the assessee. The assessee explained that the cash of Rs.18,50,000/- in the locker was out of cash in hand available in the books of M/s. Shree Balaji Trading Company. In support of his submissions, the assessee furnished copy of cash book from 01.04.2018 to 31.10.2018. The AO rejected the explanation furnished by the assessee and made addition of Rs.18,50,000/- u/s. 69A r.w.s 115BBE on account of unexplained money. Aggrieved by the assessment order dated 16.06.2021 passed u/s. 143(3) of the Act, the assessee filed appeal before the CIT(A). The assessee reiterated his contentions before the CIT(A). The assessee remained unsuccessful before the First Appellate Authority. Hence, the present appeal. 3. The appeal was filed by the assessee in July 2023, thereafter; appeal was listed for hearing on ten occasions. The notices of hearing through RPAD were sent to the assessee on the address provided in Form No. 36. Despite repeated notices none appeared to represent the assessee. On two occasions, written request for adjournment were received. It seems that the assessee is not interested in pursuing the appeal. Therefore, the appeal is taken up hearing with the assistance of ld. DR and the material already available on record. 4. Shri Ashish Tripathi, representing the Department placed reliance on the decision of CIT(A) and prayed for dismissing appeal of the assessee. 5. A perusal of the impugned order reveals that the consistent stand of the assessee with respect to seizure of cash Rs.18,50,000/- from Locker No. 245 at Khari Baoli, Delhi is that the said cash represents cash in hand available in the books of M/s. Shree Balaji Trading Company. The explanation furnished by the 3 ITA No.2112/Del/2023 (AY 2019-20) assessee is rejected by the CIT(A), as well. No contrary material is available before us to reject the findings of lower authorities. Hence, we find no merit in the appeal of assessee, the same is dismissed being devoid of any merit. 6. In the result, appeal of the assessee is dismissed. Order pronounced in the open court on Wednesday the 28th day of May, 2025. Sd/- Sd/- (AVDHESH KUMAR MISHRA) (VIKAS AWASTHY) लेखाकार सद᭭य/ACCOUNTANT MEMBER ᭠याियक सद᭭य/JUDICIAL MEMBER िदʟी/Delhi, ᳰदनांक/Dated 28/05/2025 NV/- ᮧितिलिप अᮕेिषतCopy of the Order forwarded to : 1. अपीलाथᱮ/The Appellant , 2. ᮧितवादी/ The Respondent. 3. The PCIT/CIT(A) 4. िवभागीय ᮧितिनिध, आय.अपी.अिध., िदʟी /DR, ITAT, िदʟी 5. गाडᭅ फाइल/Guard file. BY ORDER, //True Copy// (Dy./Asstt. Registrar) ITAT, DELHI "