AV MINES PRIVATE LIMITED,NEW DELHI V. INCOME TAX OFFICER, WARD 1(1), NEW DELHI

ITA 4371/DEL/2024

AI Insights

The case involves AV MINES PVT. LTD., the appellant, contesting an assessment order for the assessment year 2011-12. The Income Tax Officer had made a best judgment assessment under section 144 of the Income Tax Act, treating certain advances as unexplained cash credits under section 68. The appellant challenged this in the CIT(Appeals), which was dismissed, leading to the current appeal before the Income Tax Appellate Tribunal. The Tribunal found that the CIT(Appeals) had provided sufficient opportunity for the appellant to make submissions, which were considered before dismissing the appeal. The Tribunal agreed with the CIT(Appeals) and upheld the assessment order.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 793309 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 22-09-2024
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AJAY KUMAR ARORA
• Keywords: Unexplained cash credit
• Section: 147; 148; 144; 68

Judgement Text

"ITA No.4371/Del/2024 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A” NEW DELHI BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND SHRI AVDHESH KUMAR MISHRA, ACCOUNTANT MEMBER आ.अ.सं/.I.T.A No.4371/Del/2024 िनधा रणवष /Assessment Year: 2011-12 AV MINES PVT. LTD., E-341, Mayur Vihar, New Delhi. PAN No.AAGCA7023A बनाम Vs. INCOME TAX OFFICER, Ward 1(1), Room No.380A, C.R. Building, New Delhi. अपीलाथ\u0014 Appellant \u0016\u0017यथ\u0014/Respondent Assessee by None Revenue by Shri Ajay Kumar Arora, Sr. DR सुनवाईक\bतारीख/ Date of hearing: 04.08.2025 उ\u000eोषणाक\bतारीख/Pronouncement on 24.09.2025 आदेश /O R D E R PER C.N. PRASAD, J.M. This appeal is filed by the Assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, New Delhi dated 26.07.2024 for the AY 2011-12. Assessee has raised the following grounds: 1. “That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in passing the impugned assessment order without complying with the mandatory conditions of section 147 to 153 of the Income Tax Act and reopening of the case is bad in law and barred by limitation and beyond the jurisdiction of the Ld. AO; Printed from counselvise.com ITA No.4371/Del/2024 2 2. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in framing the impugned order and that too without serving the mandatory notice u/s 148 of the Income Tax Act, 1961; 3. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and en facts in confirming the action of Ld. AO in framing the impugned order and that too without serving the mandatory notice u/s 143(2) of the Income Tax Act, 1961; 4. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in not deleting the addition of Rs.1,00,00,000/- as made by Ld. AO u/s 68 of the Income tax Act, 1961, by recording incorrect facts and findings and without considering the submissions of assessee; 5. That in any case and any view of the matter, action of Ld.CIT(A) in not reversing the action of Ld. AO in making the impugned addition and framing the impugned assessment order which is contrary to law and facts, void ab initio, beyond jurisdiction, and without giving adequate opportunity of hearing, by recording incorrect facts and findings and the same is not sustainable on various legal and factual grounds. 6. That the appellant craves the leave to add, modify, amend or delete any of the grounds of appeal at the time of hearing and all the above grounds are without prejudice to each other.” 2. In spite of issue of several notices, none appeared on behalf of the assessee nor any adjournment was sought. Therefore, we dispose of this appeal on hearing the Ld. DR. 3. Heard Ld. DR, perused the record before us. On perusal of the assessment order and the appellate order of the Ld. CIT(Appeals), we Printed from counselvise.com ITA No.4371/Del/2024 3 observed that the assessment was completed as best judgment assessment u/s 144 of the Act, wherein the AO after issue of several notices to the assessee the advances received by the assessee from Kohinoor Steels Pvt. Ltd. was treated as unexplained cash credit u/s 68 of the Act in the absence of any details furnished by the assessee as called for by the AO. The Ld. CIT(A) disposed of the appeal providing sufficient opportunity to the assessee to make the submissions and after considering the submissions of the Assessee filed through e filing portal. The Ld. CIT(A) dismissed the appeal of the Assessee with elaborate reasons with which we agree. Accordingly, we sustain the order of the Ld. CIT(A) and reject the grounds raised by the Assessee. 4. In the result, appeal of the Assessee is dismissed. Order pronounced in the open court on 24.09.2025 Sd/- Sd/- (AVDHESH KUMAR MISHRA) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 24.09.2025 *Kavita Arora, Sr. P.S. Printed from counselvise.com ITA No.4371/Del/2024 4 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Printed from counselvise.com "