BLUE BELL PROMOTERS P.LTD,INDORE V. ACIT, CIRCLED-5(1), NEW DELHI

ITA 8201/DEL/2019

AI Insights

The case involves Blue Bell Promoters P. Ltd., which appealed against the order of the Commissioner of Income Tax (Appeals)-2, New Delhi, concerning the assessment year 2011-12. The appeal was primarily against the reopening of the assessment under section 147 and the addition of Rs.6,59,50,000 as unexplained cash credit under section 68 of the Income Tax Act, 1961. Despite multiple opportunities, the appellant did not appear to substantiate their claims, leading the Tribunal to rely on the documents and arguments presented by the Department's representative, Ms. Kirti Sankratyayan, Sr. DR.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 29198 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 06-11-2024
• Assessment Year: 2011-2012
• Appeal Filed On: 15-10-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KIRTI SANKRATYAYAN
• Assessee Lawyers: RPAD
• Keywords: Reassessment proceedings; Unexplained cash credit; Reopening of assessment
• Section: 147

Judgement Text

" आयकर अपीलीय अिधकरण िदʟी पीठ “ए”, िदʟी ŵी िवकास अव̾थी, Ɋाियक सद˟ एवं ŵी नवीन चंū, लेखाकार सद˟ क े समƗ IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER आअसं.8201/िदʟी/2019 (िन.व. 2011-12) ITA No.8201/DEL/2019 (A.Y.2011-12) Blue Bell Promoters P. Ltd., 70, Jaora Compound, Opp. M.Y Hospital, Behind Pooja Dairy, Indore, MP 452001 ...... अपीलाथᱮ/Appellant PAN: AADCB-1988-Q बनाम Vs. Assistant Commissioner of Income Tax, Circle 5(1), New Delhi ..... ᮧितवादी/Respondent अपीलाथŎ Ȫारा/ Appellant by : None ŮितवादीȪारा/Respondent by : Ms. Kirti Sankratyayan, Sr. DR सुनवाई कᳱ ितिथ/ Date of hearing : 06/11/2024 घोषणा कᳱ ितिथ/ Date of pronouncement : : 08/11/2024 आदेश/ORDER PER VIKAS AWASTHY, JM: This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-2, New Delhi (hereinafter referred to as 'the CIT(A)') dated 12.09.2019, for assessment year 2011-12. 2. This appeal was filed by the assessee in 2019, notice of hearing of appeal was duly served on the assessee through RPAD. A perusal of file shows, that despite service of notice none appeared to represent the assessee on any of the dates fixed for hearing. The AR of the assessee filed application for transfer of appeal from 2 ITA No. 8201/DEL/2019 (AY 2011-12) Delhi Benches to Indore Benches on 05.12.2023. The said request for transfer of appeal to Indore Benches was rejected on 19/01/2024 inter alia in the absence of NOC from the Department. Fresh notice for hearing of appeal was issued to the assessee on 27.03.2024 for 04.06.2024. An application for rescheduling the date of hearing of appeal was received from the AR of the assessee on 30.06.2024. On 04.06.2024 none appeared to represent the assessee. On 07.06.2024 the assessee’s request for rescheduling of appeal was rejected by the Bench as the appeal was already listed for hearing on 12.08.2024. On 12.08.2024 again none appeared to represent the assessee. A fresh notice was issued to the assessee by RPAD for today. Again no one is present to represent the assessee. Its seems that the assessee is not interested in pursuing the appeal. This being an old appeal is taken up for hearing with the assistance of ld. DR and on the basis of documents available on record. 3. The assessee in appeal has raised multiple grounds inter alia challenging reopening of assessment u/s. 147 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') and addition of Rs.6,59,50,000/- made u/s. 68 of the Act on account of unexplained cash credit. 4. Ms. Kirti Sankratyayan, representing the department vehemently defending the assessment order and the order of CIT(A), prayed for dismissing appeal of the assessee/appellant. 5. We have heard the submissions made by ld. DR and have examined the orders of authorities below. The assessee in ground of appeal no. 4 & 5 has challenged validity of reassessment proceedings on the ground that the reasons recorded for reopening do not show that these are 'reasons to believe' of the AO 3 ITA No. 8201/DEL/2019 (AY 2011-12) but there are 'reasons to suspect'. However, to substantiate the said contention no material is placed on record by the assessee. Hence, in the absence of any contrary material, we don't see any reason to take a contrary view. Thus, ground of appeal no. 4 & 5 are dismissed. 6. The assessee in ground of appeal no. 6 & 7 has challenged the addition u/s. 68 of the Act on merits. The AO in the assessment order has made addition of Rs. 6,95,50,500/- u/s. 68 of the Act. The said addition is made on account of unexplained credits in the bank account of the assessee. The CIT(A) has upheld the findings of the AO, no material is available before us to controvert the findings of the authorities below. Thus, in the absence of any material to rebut the findings of the AO/CIT(A), we find no merits in ground no. 6 and 7 of appeal, hence dismissed. 7. Ground no. 8 to 10 are argumentative and are in support of ground no. 6 and 7. The ground of appeal no 1 to 3 are general, hence require no separate adjudication. 8. Ergo, the impugned order is upheld and appeal of the assessee is dismissed. Order pronounced in the open court on Friday the 08th day of November, 2024. Sd/- Sd/- (NAVEEN CHANDRA) (VIKAS AWASTHY) लेखाकार सद᭭य/ACCOUNTANT MEMBER ᭠याियक सद᭭य/JUDICIAL MEMBER िदʟी/Delhi, ᳰदनांक/Dated 08/11/2024 NV/- 4 ITA No. 8201/DEL/2019 (AY 2011-12) ᮧितिलिप अᮕेिषतCopy of the Order forwarded to : 1. अपीलाथᱮ/The Appellant , 2. ᮧितवादी/ The Respondent. 3. The PCIT 4. िवभागीय ᮧितिनिध, आय.अपी.अिध., िदʟी /DR, ITAT, िदʟी 5. गाडᭅ फाइल/Guard file. BY ORDER, //True Copy// (Dy./Asstt. Registrar) ITAT, DELHI Details Date Initials Designation 1 Draft dictated/ directly typed on computer on 06.11.2024 Sr.PS/PS 2 Draft Placed before author 07.11.2024 Sr.PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member JM/AM 5. Approved Draft comes to the Sr.PS/PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS/PS 7. File sent to the Bench Clerk Sr.PS/PS 8 Date on which the file goes to the Head clerk 9 Date of Dispatch of order "