BASERA REALTORS PRIVATE LIMITED,LUDHIANA V. DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1,LUDHIANA, LUDHIANA

ITA 34/CHANDI/2022

AI Insights

The case involves M/s Basera Realtors Pvt. Ltd., which appealed against the order of the Commissioner of Income Tax (Appeals)-5, Ludhiana, concerning the assessment year 2007-08. The appeal was filed against the additions made by the assessing officer on account of unexplained investments and capital contributions by directors. The tribunal observed a significant delay in filing the appeal and noted the absence of the appellant and their counsel in multiple hearings, leading to the dismissal of the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 779382 (ITAT-CHANDIGARH)
• Duration Of Justice: 3 year(s) 8 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-10-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 03-02-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: TARUNDEEP KAUR
• Keywords: Condonation of delay; Unexplained investment
• Section: 6

Judgement Text

"आयकर अपीलȣय अͬधकरण, चÖडीगढ़ Ûयायपीठ, चÖडीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH, ‘A’, CHANDIGARH BEFORE SHRI LALIET KUMAR, JUDICIAL MEMBER & SHRI KRINWANT SAHAY, ACCOUNTANT MEMBER आयकर अपील सं./ ITA No. 34/CHD/2022 Ǔनधा[रण वष[ / Assessment Year : 2007-08 M/s Basera Realtors Pvt. Ltd., 10, Canal View, Near South City, Aggar Nagar, Ludhiana बनाम Vs. The DCIT, Central Circle -1, Ludhiana èथायी लेखा सं./ PAN NO: AACCB7360D अपीलाथȸ/Appellant Ĥ×यथȸ/Respondent ( PHYSICAL HEARING ) Ǔनधा[ǐरती कȧ ओर से/Assessee by : None ( Adjournment Application ) राजèव कȧ ओर से/ Revenue by : Smt. Tarundeep Kaur, CIT DR सुनवाई कȧ तारȣख/Date of Hearing : 09.10.2025 उदघोषणा कȧ तारȣख/Date of Pronouncement : 13.10.2025 आदेश/Order Per Krinwant Sahay, AM : Appeal in this case has been filed by the assessee against the order dated 22.05.2017 passed by the Ld. Commissioner of Income Tax (Appeals)-5, for A.Y. 2007- 08. 2. Grounds of appeal are as under: 1. That the learned CIT(A) erred in eyes of law and facts of the case by confirming addition of Rs.2,00,72,582/- made by the assessing Printed from counselvise.com 34-Chd-2022 Basera Realtors Pvt.Ltd., Ludhiana 2 officer out of total addition of Rs.4,18,87,582/- on account of unexplained investment u/s 69. 2. That without prejudice to Ground of Appeal No. 1, Ld CIT(A) erred in ignoring the fact that assessee owned only 50% share in properties appearing at S. No. 3, 6 and 15 of the table appearing in the assessment order and that assessing officer wrongly made addition of 100% in the hands of the assessee inspite of acknowledging this fact in the assessment order itself. 3. That Id CIT(A) erred in eyes of law and facts of the case by confirming addition Rs. 83,77,516 made by the assessing officer on account profit calculated by the AO 20% on the investment amount. 4. That Id CIT(A) erred in eyes of law and facts of the case by confirming addition Rs.9,35,000/- made by the assessing officer out of total addition of Rs.74,35,000/-account of capital contribution by the Directors. 5. That the assessee craves to leave, amend, alter or take additional grounds of app before or at time of hearing. 3. The Registry has pointed out a delay of 1649 days in filing of the appeal. The Assessee has filed an application dt. 01.2.2022 for condonation of delay alongwith an Printed from counselvise.com 34-Chd-2022 Basera Realtors Pvt.Ltd., Ludhiana 3 Affidavit which is reproduced as under:- Printed from counselvise.com 34-Chd-2022 Basera Realtors Pvt.Ltd., Ludhiana 4 Printed from counselvise.com 34-Chd-2022 Basera Realtors Pvt.Ltd., Ludhiana 5 4. From the application / Affidavit for condonation of delay, it is seen that the order was passed by the ld. CIT(A) in 2017 and the appeal was filed in 2022. So approximately the appeal is delayed by 1649 days. In the application for condonation of delay, the reason has been given that the director who was looking after the works of the company was not well and the other director was dependent on his counsel. But No affidavit from such director or his Counsel was filed. During proceedings before us, nobody has been appearing for the last 15 occasions. It seems that Assessee is not interested in perusing its appeal. 5. Accordingly, the appeal is dismissed because of inordinate delay in filing of the appeal without giving any cogent reasons for the same. It is more important to mention here that neither the Assessee nor its Counsel has appeared before the Bench in the last fifteen different dates given for hearing of the appeal by the Tribunal. Printed from counselvise.com 34-Chd-2022 Basera Realtors Pvt.Ltd., Ludhiana 6 Keeping in view the facts discussed above, the appeal of the Assessee is hereby dismissed. 6. In the result, the appeal of the Assessee is dismissed. Order pronounced on 13.10.2025. Sd/- Sd/- ( LALIET KUMAR ) ( KRINWANT SAHAY) Judicial Member Accountant Member “आर.क े.” आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of the order forwarded to : 1. अपीलाथȸ/ The Appellant 2. Ĥ×यथȸ/ The Respondent 3. आयकर आयुÈत/ CIT 4. ͪवभागीय ĤǓतǓनͬध, आयकर अपीलȣय आͬधकरण, चÖडीगढ़/ DR, ITAT, CHANDIGARH 5. गाड[ फाईल/ Guard File सहायक पंजीकार/ Assistant Registrar Printed from counselvise.com "