Mahesh Chand Goyal, New Delhi V. ACIT, Central Circle-6, New Delhi

ITA 1776/DEL/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 5846 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 9 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2014-2015
• Appeal Filed On: 12-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 153A

Judgement Text

ITA Nos.-1775/De/2018 and 1776/Del/2018. Sh. Mahesh Chand Goyal Page 1 of 5 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘E’: NEW DELHI) (THROUGH VIDEO CONFERENCING) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No:- 1775/Del/2018 ( Assessment Year: 2013-14) ITA No:- 1776/Del/2018 ( Assessment Year: 2014-15) Mahesh Chand Goyal E-11/8, Vasant Vihar, New Delhi-110057 Vs. ACIT, Central Circle-6, New Delhi APPELLANT RESPONDENT PAN No: AAEPG4460C Assessee By : Shri Rajkumar, Adv. Revenue By : Ms. Rinku Singh, Sr. DR Per Anadee Nath Misshra, AM (A) The aforementioned appeals in the case of the Assessee are taken up together for the sake of convenience and brevity; and are hereby disposed off through this Consolidated Order. Grounds taken in these appeals of Assessee are as under: ITA Nos.-1775/De/2018 and 1776/Del/2018. Sh. Mahesh Chand Goyal Page 2 of 5 ITA No:- 1775/Del/2018 1. On the facts and circumstances of the case and in law, the addition of Rs.3750000/- made by the assessing officer and confirmed by CIT(A) is beyond the scope of provisions of section 153A of the Act and therefore, the addition of Rs.3750000/- is liable to be deleted. 2. On the facts and circumstances of the case and in law, the CIT(A) erred in confirming addition of Rs.3750000/- made by the assessing officer on account of alleged undisclosed interest income. 3. On the facts and circumstances of the case and in law, the alleged reasons given by the assessing officer and CIT(A) for making / confirming addition of Rs. 3750000/- are erroneous and, therefore, the addition of Rs.3750000/- is liable to be deleted. The appellant craves leave to add, alter, modify or delete one or more ground of appeal before or at the time of hearing of appeal. The aforesaid grounds of appeal are without prejudice of each other. ITA No:- 1776/Del/2018 1. On the facts and circumstances of the case and in law, the CIT(A) erred in confirming addition of Rs.3750000/- made by the assessing officer on account of alleged undisclosed interest income. 2. On the facts and circumstances of the case and in law, the alleged reasons given by the assessing officer and CIT(A) for making / confirming addition of Rs. 3750000/- are erroneous and, therefore, the addition of Rs.3750000/- is liable to be deleted. The appellant craves leave to add, alter, modify or delete one or more ground of appeal before or at the time of hearing of appeal. The aforesaid grounds of appeal are without prejudice of each other. (B) At the time of hearing, at the outset, the learned Counsel for the Assessee informed us that the assessee has opted to settle the aforementioned appeals under Vivad Se Vishwas Scheme, 2020 (“VSVS”, for short) and that the assessee has already filed the relevant forms. The Ld. Counsel for assessee also drew our attention to letter filed in Income Tax Appellate Tribunal (“ITAT”, for short) giving intimation for the same, and requesting to withdraw both these appeals. ITA Nos.-1775/De/2018 and 1776/Del/2018. Sh. Mahesh Chand Goyal Page 3 of 5 (B.1) At the time of hearing before us, the Ld. Counsel for assessee as well as the learned Senior Departmental Representative (“Ld. Sr. DR”, for short) submitted before us that these appeals may be treated as withdrawn and may be dismissed on account of the aforesaid VSVS. After due consideration, and in view of the foregoing; and as both sides have agreed to this; we are of the view that both these appeals have become infructuous, and we treat these appeals as withdrawn on account of the aforesaid VSVS. Accordingly, these appeals having become infructuous, are hereby dismissed as withdrawn, subject to settlement of the disputes in the appeals under the aforesaid VSVS. (C) Before we part, we hereby clarify, by way of abundant caution, that if for some reason the disputes under these appeals before us are not settled under the aforesaid VSVS, then the assessee will be at liberty to approach ITAT for restoration of these appeals, in accordance with law. (D) In the result, these appeals are dismissed. This order has been already pronounced on22 nd December, 2021 in Open Court, in the presence of Representatives of both sides; after conclusion of the hearing. Sd/- Sd/- (AMIT SHUKLA) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 22/12/2021 *Binita* ITA Nos.-1775/De/2018 and 1776/Del/2018. Sh. Mahesh Chand Goyal Page 4 of 5 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI