Appeal details
Counselvise Citation
[2024] 101 COUNSELVISE.COM (IT) 9168 (ITAT-RAJKOT)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
8 month(s) 4 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
11-01-2024
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
DB
Next Hearing Date
08-01-2024
Assessment Year
2016-2017
Appeal Filed On
07-05-2023
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [CONDUCTED THROUGH VIRTUAL COURT] Before: Ms. Suchitra Kamble, Judicial Member And Shri Waseem Ahmed, Accountant Member Harenbhai Harshvadan Nandani, 202, Star Chamber, Harihar Chowk Rajkot Rajkot-360001 PAN: AAUPN9893L (Appellant) Vs The Dy. CIT, Circle-1(1), Rajkot (Respondent) Assessee by: None Revenue by: Shri Ashish Kumar Pandey, Sr. D.R. Date of hearing : 09-01-2024 Date of pronouncement : 12-01-2024 आदेश/ORDER This is an appeal filed against the order dated 07-02- 2023 passed by National Faceless Appeal Centre (NFAC), Delhi for assessment year 2016-17. 2. The grounds of appeal are as under:- ITA No. 136/Rjt/2023 Assessment Year 2016-17 I.T.A No. 136/Rjt/2023 A.Y. 2016-17 Page No Harenbhai Harshvadan Nandani vs. Dy. CIT 2 “1] The Ld. CIT(Appeal) erred in law and on facts in upholding the following additions made by the Ld. AO. in assessment a. Addition of Rs. 1,08,000/- being disallowances out of Interest. b. Addition of Rs. 84,000/- on account of deemed rent. On facts and the circumstances of the case it is contended that the additions made in the assessment and upheld in the first appeal deserves to be deleted. 2] The Ld. CIT (Appeal) in this regard proceeded on erroneous premises and the addition made in assessment order deserves to be deleted. 3] Your appellant craves leave to add, alter, amend or withdraw any of the grounds stated here above.” 3. The assessee derives income in the form of interest, remuneration and share of profit being partner of the firms namely; M/s. Fine Breaks, M/s. Bhoomi Developers. The assessee had earned rental income from the let out property. The assessee also earned capital gain on sale of flat and listed securities as well as income from other sources. The assessee filed return of income on 14-10-2016 declaring total income of Rs. 56,22,150/- after deduction of Chapter VI-A of Rs. 1,79,234/- and exempted income of Rs. 12,52,446/-. The statutory notices were issued to the assessee but the assessee failed to respond the same, therefore, the assessment u/s. 144 I.T.A No. 136/Rjt/2023 A.Y. 2016-17 Page No Harenbhai Harshvadan Nandani vs. Dy. CIT 3 was finalized. But at that time, the assessee filed reply in parts. After taking cognizance of the same, the Assessing Officer made disallowance of interest expanses against exempt income earned in the form of share in profit from M/s Fine Breaks amounting to Rs. 1,8000/-, addition on account deemed rental income u/s. 23(4) amounting to Rs. 84,000/- 4. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. At the time of hearing, none appeared on behalf of the assessee despite giving notices and the last notice was served through the office of the Revenue which was affixed to the known address of the assessee. There was no new address filed by the assessee before the Registry. Therefore, we are proceeding on the basis of the submissions/grounds quoted in the order of the CIT(A). 6. The ld. D.R. relied upon the assessment order and the order of the CIT(A). 7. We have heard ld. D.R. and perused all the relevant material available on record. There is a delay of 35 days in filing the present appeal before us for which no explanation I.T.A No. 136/Rjt/2023 A.Y. 2016-17 Page No Harenbhai Harshvadan Nandani vs. Dy. CIT 4 and delay condonation application was filed by the assessee. Hence, the appeal is not condoned. From the perusal of records, it appears that the assessee has not filed the address either before the Assessing Officer as well as before the CIT(A) and not before the Tribunal as well and therefore it appears that the assessee is not interested in the present appeal. Hence, the appeal filed by the assessee is dismissed. 8. In the result, the appeal of the assessee is dismissed. Order pronounced in the open court on 12-01-2024 Sd/- Sd/- (WASEEM AHMED) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad : Dated 12/01/2024 आदेश क त ल प अ े षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order, Assistant Registrar, Income Tax Appellate Tribunal, Rajkot
