Umesh Dhondiram Shinde, Kolhapur V. Deputy Commissioner of Income-tax,

ITA 1368/PUN/2014

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0103 (ITAT-PUNE)
• Duration Of Justice: 5 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 01-07-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N ASHOK BABU
• Assessee Lawyers: N O N E
• Keywords: Validity of assessment
• Section: 143(3); 153A; 234B; 143(2); 132; 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE . , , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO S.1368 & 1369 /PUN/201 4 / ASSESSMENT YEAR S : 20 0 9 - 10 & 2010 - 11 UMESH DHONDIRAM SHINDE, 286, SHINDE RESIDENCY, R UIKAR COLONY, KOLHAPUR 416003 PAN : ACGPS3218J ....... / APPELLANT / V/S. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOLHAPUR / RESPONDENT ASSESSEE BY : N O N E REVENUE BY : SHRI N. ASHOK BABU / DATE OF HEARING : 01 - 08 - 2019 / DATE OF PRONOUNCEMENT : 20 - 0 9 - 2019 / ORDER PER VIKAS AWASTHY, JM : TH ESE TWO APPEALS BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF COMMI SSIONER OF INCOME TAX (APPEALS), KOLHAPUR DATED 10 - 02 - 2014 COMMON FOR THE ASSESSMENT YEARS 2009 - 10 AND 2010 - 11. 2 ITA NO S.1368 & 1369/PUN/2014, A.YS. 2009 - 10 & 2010 - 11 2. THE NOTICE OF APPEAL WAS SENT TO THE ASSESSEE THROUGH RPAD ON 08 - 07 - 2019 FOR 01 - 08 - 2019. AS PER A CKNOWLEDGMENT AVAILABLE ON FILE, THE NOTICE WAS DULY SERVED ON 19 - 07 - 2019. DESPITE SERVICE OF NOTICE NEITHER THE ASSESSEE NOR AUTHORIZED REPRESENTATIVE OF THE ASSESSEE WAS PRESENT IN THE COURT . IT SEEMS THAT THE ASSESSEE IS NOT KEEN TO PURSUE HIS APPEAL. BOTH APPEALS FALL IN CATEGORY OF OLD APPEALS AND H ENCE , THE SAME ARE TAKEN UP FOR ADJUDICATION WITH THE ASSISTANCE OF LD. DR AND THE MATERIAL AVAILABLE ON RECORD. 3. THE BRIEF FACTS OF THE CASE AS EMANATING FROM RECORDS AR E: THE ASSESSEE IS AN INDIVIDUAL ENGAGED IN THE BUSINESS OF CIVIL CONTRACT WORKS, DEVELOPER AND BUILDER, TRADING IN SHARES AND SCRIPTS. A SEARCH ACTION U/S. 132 O F THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) WAS CARRIED OUT AT THE PREM ISES OF ASSESSEE ON 23 - 09 - 2009. SEPARATE ASSESSMENT ORDERS FOR THE IMPUGNED ASSESSMENT YEARS WERE PASSED U/S. 153A R.W.S. 143(3) ON 29 - 12 - 2012. AGGRIEVED AGAINST THE ASSESSMENT ORDERS FOR THE RESPECTIVE ASSESSMENT YEARS, THE ASSESSEE FILED APPEALS BEF ORE THE COMMISSIONER OF INCOME TAX (APPEALS) ASSAILING THE ASSESSMENT PROCEEDINGS U/S. 153A AS WELL AS THE ADDITIONS MADE IN RESPECTIVE IMPUGNED ASSESSMENT YEARS. THE COMMISSIONER OF INCOME TAX (APPEALS) UPHELD THE VALIDITY OF ASSESSMENTS MADE U/S. 153A R .W.S. 143(3) OF THE ACT. FURTHER, THE COMMISSIONER OF INCOME TAX (APPEALS) REJECTED THE EXPLANATION FURNISHED BY THE ASSESSEE ON MERITS AND CONFIRMED THE ADDITIONS. AGAINST THE FINDINGS OF COMMISSIONER OF INCOME TAX (APPEALS), THE ASSESSEE IS IN APPEAL B EFORE THE TRIBUNAL. 3 ITA NO S.1368 & 1369/PUN/2014, A.YS. 2009 - 10 & 2010 - 11 4. SHRI N. ASHOK BABU REPRESENTING THE DEPARTMENT VEHEMENTLY DEFENDED THE IMPUGNED ORDER AND PRAYED FOR DISMISSING THE APPEALS BY THE ASSESSEE. 5. THE ASSESSEE HAS RAISED DETAILED GROUNDS/SUB - GROUNDS NO. 1 TO 4 IN THE GROUNDS OF A PPEAL FOR ASSESSMENT YEARS 2009 - 10 AND 2010 - 11. IDENTICAL GROUNDS HAVE BEEN RAISED BY THE ASSESSEE IN BOTH THE IMPUGNED ASSESSMENT YEARS ASSAILING THE VALIDITY OF ASSESSMENT PROCEEDINGS U/S. 153A R.W.S. 143(2) OF THE ACT. HOWEVER, NO MATERIAL IS AVAILABL E BEFORE US TO CONTEND THAT THE FINDINGS OF FIRST APPELLATE AUTHORITY ON THIS ISSUE ARE PERVERSE OR CONTRARY TO THE FACTS AS DISCUSSED IN THE IMPUGNED ORDER. THEREFORE, WE DO NOT FIND ANY MERIT IN THE LEGAL GROUNDS /SUB - GROUNDS NO. 1 TO 4 RAISED BY THE ASS ESSEE ASSAILING THE IMPUGNED ORDER. THE SAME ARE DISMISSED, ACCORDINGLY. 6. IN GROUND NOS. 5 TO 7 OF THE APPEAL FOR ASSESSMENT YEAR 2009 - 10 THE ASSESSEE HAS CHALLENGED THE ADDITIONS ON MERITS. SINCE, NO MATERIAL CONTROVERTING THE FINDINGS OF COMMISS IONER OF INCOME TAX (APPEALS) HAS BEEN FURNISHED BEFORE US, WE FIND NO REASON TO INTERFERE WITH THE IMPUGNED ORDER. HENCE, THE ADDITIONS ARE CONFIRMED. THE GROUND NOS. 5 TO 7 OF THE APPEAL FOR ASSESSMENT YEAR 2009 - 10 ARE DISMISSED, ACCORDINGLY. 7. IN GROUND NO. 10 OF THE APPEAL FOR ASSESSMENT YEAR 2009 - 10, THE ASSESSEE HAS ASSAILED CHARGING OF INTEREST U/S. 234A, 234B AND 234C OF THE ACT. CHARGING OF INTEREST U/S. 234A, 234B AND 234C IS CONSEQUENTIAL AND MANDATORY, HENCE, GROUND NO. 10 RAISED IN APPEAL BY THE ASSESSEE IS DISMISSED BEING DEVOID OF ANY MERIT. 4 ITA NO S.1368 & 1369/PUN/2014, A.YS. 2009 - 10 & 2010 - 11 8. THUS, IN VIEW OF OUR ABOVE OBSERVATIONS THE APPEAL OF ASSESSEE FOR ASSESSMENT YEAR 2009 - 10 IS DISMISSED. ITA NO. 1369/PUN/2014, (A.Y. 2010 - 11) 9. THE GROUND NOS. 1 TO 4 OF THE APPEAL WERE IDENTICAL TO THE GROUNDS RAISED IN ASSESSMENT YEAR 2009 - 10. THE SAME HAVE BEEN ADJUDICATED ALONGWITH APPEAL FOR ASSESSMENT YEAR 2009 - 10. 10. THE ASSESSEE IN GROUND NOS. 5 TO 8 OF THE APPEAL HAS ASSAILED THE FIN DINGS OF COMMISSIONER OF INCOME TAX (APPEALS) ON MERITS. HOWEVER, NO MATERIAL HAS BEEN PLACED BEFORE US TO CONTEND THAT THE FINDINGS OF FIRST APPELLATE AUTHORITY ON THE ISSUES ARE PERVERSE OR CONTRARY TO THE FACTS AS DISCUSSED IN THE IMPUGNED ORDER. IN T HE ABSENCE OF ANY CONTRARY MATERIAL WE FIND NO REASON TO INTERFERE WITH THE IMPUGNED ORDER. THE ADDITIONS ARE CONFIRMED. THE GROUNDS OF APPEAL NO. 5 TO 8 ARE DISMISSED, ACCORDINGLY. 11. IN GROUND NO. 9 OF THE APPEAL THE ASSESSEE HAS CHALLENGED VALIDIT Y OF ASSESSMENT ON THE GROUND OF NON - SERVICE OF STATUTORY NOTICE U/S. 143(2) OF THE ACT. A PERUSAL OF ASSESSMENT ORDER REVEAL THAT IN PARA 4 OF THE ASSESSMENT ORDER , THE ASSESSING OFFICER HAS CATEGORICALLY OBSERVED THAT NOTICE U/S. 143(2) DATED 19 - 08 - 2010 WAS DULY SERVE ON THE ASSESSEE ON 21 - 01 - 2010. THERE IS NO MATERIAL ON RECORD CONTROVERTING THIS SPECIFIC OBSERVATION MADE BY THE ASSESSING OFFICER. THEREFORE, WE FIND NO MERIT IN THE GROUND RAISED BY THE ASSESSEE. ACCORDINGLY, THE SAME IS DISMISSED. 12. IN GROUND NO. 12 OF THE APPEAL , THE ASSESSEE HAS ASSAILED CHARGING OF INTEREST U/S. 234A, 234B AND 234C OF THE ACT. CHARGING OF INTEREST U/S. 5 ITA NO S.1368 & 1369/PUN/2014, A.YS. 2009 - 10 & 2010 - 11 234A, 234B AND 234C IS CONSEQUENTIAL AND MANDATORY, HENCE, GROUND NO. 10 RAISED IN APPEAL BY THE ASSESSEE IS DISMISSED BEING DEVOID OF ANY MERIT. 13. IN THE RESULT, THE APPEAL OF ASSESSEE FOR ASSESSMENT YEAR 2010 - 11 IS DISMISSED. 14. TO SUM UP, BOTH THE APPEALS OF ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON FRIDAY, THE 20 TH DAY OF SEPTEMBER, 2019. S D/ - SD/ - ( . /D. KARUNAKARA RAO ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 20 TH SEPTEMBER, 2019 RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) , KOLHAPUR 4. THE CIT I/II, KOLHAPUR/CIT (CENTRAL), PUNE 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. // // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE