Singla Realters Ltd, New Delhi V. ITO WARD - 23(4), New Delhi

ITA 1583/DEL/2020

AI Insights

The case involves Singhla Realters Ltd, the appellant, contesting various additions and disallowances made by the Income Tax Officer (ITO), Ward-23(4), New Delhi, for the Assessment Year 2014-15. The additions included amounts under section 68 of the Income Tax Act, 1961, related to alleged bogus purchases and unexplained cash credits. The Commissioner of Income Tax (Appeals)-8, New Delhi, upheld these additions and disallowances. The appellant's failure to appear and the procedural defect in the appeal filing led to the dismissal of the appeal by the Income Tax Appellate Tribunal, Delhi.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131317 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 02-10-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 10-09-2020
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 68; 143(3)

Judgement Text

Page | 1 Income Tax Appellate Tribunal Delhi Bench “G”: New Delhi Before Shri M. Balaganesh, Accountant Member and Shri Anubhav Sharma, Judicial Member ITA No.1583/Del/2020 (Assessment Year: 2014-15) Singhla Realters Ltd, B-40, Madhu Vihar, Gali No. 15, IP Estate, New Delhi Vs. ITO, Ward-23(4), New Delhi (Appellant) (Respondent) PAN: AAGCS4261E Assessee by : None Revenue by: Shri Anuj Garg, Sr. DR Date of Hearing 03/10/2023 Date of pronouncement 05/10/2023 O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in ITA No.1583/Del/2020 for AY 2014-15, arises out of the order of the Commissioner of Income Tax (Appeals)-8, New Delhi [hereinafter referred to as ‘ld. CIT(A)’, in short] in Appeal No. 10712/16/17 dated 14.01.2020 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 27.12.2016 by the Assessing Officer, ITO, Ward-23(4), New Delhi (hereinafter referred to as ‘ld. AO’). 2. The assessee has raised the following grounds of appeal :- i) In confirming the disallowance of Rs 16,66,640/- on account of expenses u/s 37. ii) In confirming the addition of Rs 16,66,640/- on account of bogus purchases whereas the assessing officer had disallowed the amount u/s 37. iii) In confirming the addition of Rs 92,72,000/- incorrectly and unjustifiably made by the assessing officer u/s 68 of the IT Act in the ITA No.2583/Del/2020 Singhla Realters Ltd Page | 2 account of Shiv Shakti Realtors Pvt Ltd and the CIT(A) also further erred in confirming such addition without finding the confirmations incorrect. iv) In confirming the addition of Rs 20,00,000/- in the account of Naveen Agarwal/ Archita incorrectly and unjustifiably made by the assessing officer u/s 68. v) In confirming the addition of Rs 28,00,000/- u/s 68 in the account of Mrs Poonam Chawla on the basis of suspicion and also ignoring the evidences filed in support of the genuineness of the credit. vi) In confirming the addition of Rs 20,00,000/- u/s 68 in the account of Sheetal Gupta on the basis of suspicion and also without finding the evidences filed as incorrect and wrong. vii) In confirming the addition of Rs 1,00,000/- made by the assessing officer u/s 68 in the account of Mrs T. Poonam. viii) In confirming the disallowance of expenses of Rs 1,93,690/- u/s 37 without any reason, basis or evidences and also further erred in confirming this disallowance on adhoc basis.” 3. None appeared on behalf of the assessee. Notice has been sent to the assessee at the registered address on several occasions and the same had been returned unserved. At the outset, we find that there is a delay in filing the appeal by the assessee by 168 days. The registry of this tribunal had sent defect notice to the assessee on 01.04.2021. The assessee has not bothered to cure the said defect by filing a delay condonation petition by giving appropriate explanation thereon. Hence, we deem it fit to dismiss the appeal as not maintainable on the ground that defect is not cured by the assessee. 4. In the result, the appeal of the assessee is hereby dismissed as defective. Order pronounced in the open court on 05/10/2023. -Sd/- -Sd/- (Anubhav Sharma) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 05/10/2023 ITA No.2583/Del/2020 Singhla Realters Ltd Page | 3 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi