Willard India Ltd., New Delhi V. ITO, Ward- 3(3), Bulandshahr

ITA 178/DEL/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7200 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 05-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Section: 143(3); 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.178/DEL./2018 ASSESSMENT YEAR 2013-2014 M/S. WILLARD INDIA LTD., 73-74, SHEETALA HOUSE, NEHRU PLACE, NEW DELHI. PAN AAACW3212D VS. THE INCOME TAX OFFICER, WARD-3(3), AAYAKAR BHAWAN, TEACHERS COLONY, BULANDSHAHR. (APPELLANT) (RESPONDENT) FOR ASSESSEE : MS. PRIYANKA SINGLA, C.A. FOR REVENUE : SHRI S.L. ANURAGI, SR. D.R. DATE OF HEARING : 11 .0 7 .2018 DATE OF PRONOUNCEMENT : 11 .0 7 .2018 ORDER THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A), ALIGADH, DATED 14.09.2 017, FOR THE A.Y. 2013-2014. 2. IN THIS CASE RETURN OF INCOME WAS FILED DECLARI NG LOSS OF RS.(-)3,27,039/-. THE A.O. PASSED THE ASSESSMENT ORDER UNDER SECTION 143(3) DATED 22.03.2016 COMPUTING TOT AL INCOME OF RS.13,94,545/- AFTER MAKING FOUR ADDITIONS ON ME RIT. THE 2 ITA.NO.178/DEL./2018 M/S. WILLARD INDIA LTD., NEW DELHI. ASSESSEE FILED THE APPEAL BEFORE THE LD. CIT(A) IN MANUAL FORM ON 19.04.2016. THE LD. CIT(A) NOTED THAT AS PER BOA RD CIRCULAR AND PROVISIONS OF RULE 45, THE APPEAL SHOULD HAVE B EEN FILED ELECTRONICALLY. THE ASSESSEE WAS REQUIRED TO SHOW C AUSE WHY THE APPEAL BEING NON-EST SHOULD NOT BE DISMISSED. THE L D. CIT(A) ACCORDINGLY DISMISSED THE APPEAL OF ASSESSEE IN LIMINE VIDE ORDER DATED 14.09.2017. 3. THE ASSESSEE IN THE PRESENT APPEAL CHALLENGED T HE ORDER OF THE LD. CIT(A) IN UPHOLDING THE ADDITION O F RS.2,97,219/- AND ADDITION OF RS.9,20,000/-. THE RE CORD REVEALS THAT THE LD. CIT(A) ALSO PASSED ANOTHER ORD ER ON THE SAME DATE I.E., 14.09.2017 DECIDING THE APPEAL OF T HE ASSESSEE ON MERITS CONSIDERING THE ABOVE GROUNDS ON MERITS. IT, THEREFORE, APPEARS THAT ASSESSEE HAS FILED THE PRES ENT APPEAL BEFORE THE TRIBUNAL AGAINST THE SECOND ORDER OF THE LD. CIT(A) IN DISMISSING THE APPEAL OF THE ASSESSEE ON MERITS. 4. IT MAY BE NOTED THAT AS REGARDS ADDITION OF RS.2,97,219/-, THE A.O. ON VERIFICATION OF 26AS NOT ED THAT 3 ITA.NO.178/DEL./2018 M/S. WILLARD INDIA LTD., NEW DELHI. ASSESSEE-COMPANY HAS NOT DISCLOSED FDR'S INTEREST I NCOME OF RS, 5,93,760/-. THE ASSESSEE-COMPANY EXPLAINED BEFO RE THE A.O. THAT IT HAS ALREADY SHOWN INTEREST INCOME OF RS 2,96,541/- EARNED FROM FDR'S OF STATE BANK OF BIKANER & JAIPUR. IT WOULD, THEREFORE, CONFIRM THAT BALANCE AMOUNT OF RS.2,97,2 19/- REMAIN UNEXPLAINED. THE A.O. ACCORDINGLY, MADE THE ADDITION OF THE AFORESAID AMOUNT. 5. THE A.O. FURTHER FOUND THAT ASSESSEE HAS RAISED LOANS DURING ASSESSMENT YEAR UNDER APPEAL. ASSESSEE WAS A SKED TO FURNISH CONFIRMATION OF THE LOAN/SOURCE AND COPY OF THE BANK ACCOUNT AND ASSESSMENT DETAILS OF THE LENDER TO PRO VE THE CREDITWORTHINESS OF THE LENDER. IN RESPECT OF THE L OAN OF RS.9,20,000/- RECEIVED FROM SHRI MOHIT BAJORIA, THE ASSESSEE HAS NOT FURNISHED SOURCE, COPY OF BANK ACCOUNT AND ASSESSMENT DETAILS. THE ASSESSEE HAS NOT PROVED THE CREDITWORT HINESS OF THE LENDER. A SHOW CAUSE NOTICE WAS ISSUED TO T HE ASSESSEE, BUT NO DETAILS HAVE BEEN FURNISHED BEFORE A.O. THE COUNSEL FOR THE ASSESSEE, ON THE NEXT DATE OF 4 ITA.NO.178/DEL./2018 M/S. WILLARD INDIA LTD., NEW DELHI. HEARING SURRENDERED THE AMOUNT AND AGREED FOR ADDITION OF RS.9,20,000/-. THE A.O. ACCORDINGLY MAD E ADDITION OF RS.9,20,000/- UNDER SECTION 68 OF THE I .T. ACT, 1961. THE LD. CIT(A) NOTED THAT ASSESSEE HAS N OT BEEN ABLE TO FURNISH ANY EVIDENCE TO EXPLAIN BOTH T HE ADDITIONS. ACCORDINGLY, BOTH THE GROUNDS WERE DISMISSED. 6. I HAVE HEARD THE LEARNED REPRESENTATIVES OF BOTH THE PARTIES. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT ASSESSEE HAD APPROACHED AT VERY SHOR T NOTICE AND NOT PROVIDED ANY RECORD OR DOCUMENTS, SO , SHE IS NOT IN A POSITION TO PURSUE THE CASE. ENDORS EMENT TO THE SAME EFFECT IS ALSO MADE IN THE APPEAL PAPER . 7. ON THE OTHER HAND, THE LD. D.R. RELIED UPON THE ORDERS OF THE AUTHORITIES BELOW. 8. AFTER CONSIDERING THE FACTS OF THE CASE IN THE LIGHT OF SUBMISSIONS OF THE PARTIES, IT IS CLEAR THAT ASS ESSEE HAS NO CASE FOR INTERFERENCE. ADMITTEDLY, THE ASSESSEE HAS NOT 5 ITA.NO.178/DEL./2018 M/S. WILLARD INDIA LTD., NEW DELHI. SHOWN THE ENTIRE INTEREST FOR TAXATION, THEREFORE, THE BALANCE INTEREST OF RS.2,97,219/- REMAIN UNEXPLAINE D. FURTHER, AS REGARDS LOAN OF RS.9,20,000/- RECEIVED FROM SHRI MOHIT BAJORIA, ASSESSEE FAILED TO PROVE CONDIT IONS OF SECTION 68 OF THE I.T. ACT. AT THE ASSESSMENT STAGE , LEARNED COUNSEL FOR THE ASSESSEE, SURRENDERED AND AGREED FO R THE AMOUNT OF THE LOAN SO RECEIVED. IT IS WELL SETTLED LAW THAT WHEN ASSESSEE AGREED FOR THE ADDITION, NO APPEAL LI ES TO THE APPELLATE AUTHORITIES. IT IS, THEREFORE, CLEAR THAT ASSESSEE FAILED TO PROVIDE ANY EVIDENCE BEFORE THE AUTHORITI ES BELOW TO EXPLAIN BOTH THE ABOVE ADDITIONS ON MERIT. THE L D. CIT(A) IN THE ABSENCE OF ANY DOCUMENTS ON RECORD, CORRECTL Y DISMISSED THE APPEAL OF ASSESSEE ON BOTH THESE ADDI TIONS. DURING THE COURSE OF ARGUMENTS OF APPEAL ALSO, LEAR NED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT ASSESSE E IS NOT PROVIDING ANY DOCUMENTS TO THEM AND THEY ARE IN A P OSITION TO PURSUE THE CASE. IN VIEW OF THE ABOVE FACTS AND 6 ITA.NO.178/DEL./2018 M/S. WILLARD INDIA LTD., NEW DELHI. CIRCUMSTANCES NOTED ABOVE AND IN THE ABSENCE OF ANY EVIDENCE ON RECORD, NO INTERFERENCE IS CALLED FOR I N THE ORDERS OF THE AUTHORITIES BELOW. WE, ACCORDINGLY, C ONFIRM THE ORDER OF THE LD. CIT(A) IN DISMISSING THE APPEA L OF ASSESSEE. APPEAL OF ASSESSEE HAS NO MERIT AND IS ACCORDINGLY DISMISSED. 9. IN THE RESULT, APPEAL OF ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) DELHI, DT. 11 TH JULY, 2018. JUDICIAL MEMBER VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC BENCH, DELHI 6. GUARD FILE. 7 ITA.NO.178/DEL./2018 M/S. WILLARD INDIA LTD., NEW DELHI. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.