M/s. MKG Insurance Brokers Pvt. Ltd., Delhi V. ACIT, New Delhi

ITA 1076/DEL/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6842 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-10-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 29-08-2016
• Assessment Year: 2003-2004
• Appeal Filed On: 25-02-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: F R MEENA
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC-1 NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER I.T.A .NO.-1076/DE L/2013 (ASSESSMENT YEAR-2003-04) MKG INSURANCE BROKERS PVT.LTD., H-108, NEW ASIATIC BUILDING, CONNAUGHT PLACE, DELHI-110001. PAN-AAECM0320Q ( APPELLANT) VS ACIT, CENTRAL CIRCLE-9, NEW DELHI (RESPONDENT) ASSESSEE BY NONE REVENUE BY SH.F.R.MEENA, SR.DR ORDER THE PRESENT APPEAL CAME UP FOR HEARING AS A RESULT OF ORDER DATED 29.07.2016 IN M.A.NO.358/DEL/2015 WHEREIN THE CO-OR DINATE BENCH RECALLED THE EX-PARTE ORDER DATED 20.12.2013 HOLDING THAT TH ERE WAS SUFFICIENT CAUSE FOR NON-APPEARANCE OF THE ASSESSEE ON 16.12.2013 WHEN T HE APPEAL WAS FIXED FOR HEARING. AS A RESULT OF THE SAID ORDER, THE APPEAL WAS FIXED FOR HEARING ON 27.07.2016 ON WHICH DATE INADVERTENTLY IT COULD NOT BE FIXED BY THE REGISTRY WHICH LISTED THE SAME FOR HEARING ON 29.08.2016. H OWEVER, ON THE DATE OF HEARING, NO ONE WAS PRESENT ON BEHALF OF THE ASSESS EE. IT IS SEEN THAT THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE ASSAI LING THE CORRECTNESS OF THE ORDER DATED 19.11.2012 OF THE CIT(A), NEW DELHI PER TAINING TO 2003-04. AS OBSERVED THE RECORD SHOWS THAT THE ASSESSEES APPEA L WAS DISMISSED BY THE CO- ORDINATE BENCH BY AN ORDER DATED 20.12.2013 CONFIRM ING THE ADDITION OF RS.1,29,380/- MADE BY THE AO AND SUSTAINED BY THE CIT(A) HOLDING AS UNDER:- 2.5. ON PERUSAL OF THE MATERIAL ON RECORD, I OBSER VE THAT THE ASSESSEE HAS NOT PLACED ANY MATERIAL TO ESTABLISH THE CREDIT WORTHINESS OF THE LOAN CREDITORS NOR THERE IS ANY EVIDENCE TO ESTABLISH TH E GENUINENESS OF THE TRANSACTION PARTICULARLY WHEN THE AMOUNT WAS TAKEN IN CASH. THE ASSESSEE COULD AT LEAST FILE THE BANK STATEMENTS OF THE LOAN CREDITORS BUT THE SAME IS NOT ON RECORD, NOR IT WAS FILED BEFORE THE AUTHORITIES BELOW. CONSIDERING THE FACTS OF THE CASE AND THE REASONING AS STATED BY LEARNED CIT(A), I DO NOT FIND ANY REASON TO INTERFE RE WITH THE ORDER FO THE LEARNED CIT(A. HENCE, I UPHOLD THE ORDER FO LEARNE D CIT(A BY REJECTING THE GROUND OF APPEAL TAKEN BY THE ASSESSEE. DATE OF HEARING 29 . 08 .201 6 DATE OF PRONOUNCEMENT 19.10.2016 I.T .A .NO.-1076/DEL/2013 PAGE 2 OF 2 2. AGGRIEVED BY THIS, THE ASSESSEE FILED AN M.A. PE TITION BEFORE THE ITAT PLEADING THAT THE COUNSEL COULD NOT PRESENT ON ACC OUNT OF HEAVY TRAFFIC JAM AND PRAY FOR A RECALL OF THIS ORDER. THE SAID PRAYER W AS ALLOWED BY THE CO-ORDINATE BENCH. DESPITE THIS FACT, NO ONE WAS PRESENT ON BE HALF OF THE ASSESSEE. ACCORDINGLY, IN THE PECULIAR FACTS AND CIRCUMSTANCE S OF THE PRESENT CASE, IT CAN BE SAFELY PRESUMED THAT THE ASSESSEE IS NOT SERIOU S IN PURSUING THE PRESENT APPEAL AS OTHERWISE THERE IS NOTHING ON RECORD TO S HOW THAT THE ASSESSEE IS INTERESTED IN ADDRESSING THE DELAY. ACCORDINGLY IN THE ABSENCE OF ANY REPRESENTATION OR PETITION SEEKING TIME, THE ONLY A LTERNATIVE LEFT IS TO DISMISS THE APPEAL OF THE ASSESSEE IN LIMINE. SUPPORT IS DRAWN FROM THE ORDER OF THE TRIBUNALS IN COMMISSIONER OF INCOME-TAX VS. MULTI P LAN INDIA (P) LTD.; 38 ITD 320 (DEL) AND ESTATE OF LATE TUKOJIRAO HOLKAR VS. C WT: 223 ITR 480 (M.P). 3. BEFORE PARTING IT IS APPROPRIATE TO ADD THAT IN CAS E THE ASSESSEE IS ABLE TO SHOW THAT THERE WAS A REASONABLE CAUSE FOR NON-REPR ESENTATION ON THE DATE OF HEARING, IT WOULD BE AT LIBERTY IF SO ADVISED TO PR AY FOR A RECALL OF THIS ORDER. THE SAID ORDER WAS PRONOUNCED ON THE DATE OF HEARING IT SELF IN THE OPEN COURT. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 1 9 TH OF OCTOBER, 2016. SD/- (DIVA SINGH) JUDICIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTA NT REGISTRAR ITAT NEW DELHI