Bhagwati Prasad Maheshwari, Meerut V. ITO, Meerut

ITA 1821/DEL/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3575 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 03-10-2016
• Assessment Year: 1997-1998
• Appeal Filed On: 06-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KAUSHLENDRA TIWARI
• Keywords: Gift

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.1821/DEL./2016 ASSESSMENT YEAR 1997-1998 SHRI BHAGWATI PRASAD MAHESWARI, 601, RITHANI, DELHI ROAD, MEERUT (U.P.) 250103 PAN ADWPM8237E VS. THE INCOME TAX OFFICER WARD-1(1) MEERUT. (APPELLANT) (RESPONDENT) FOR ASSESSEE : -NONE- FOR REVENUE : SHRI KAUSHLENDRA TIWARI, SR. D.R. DATE OF HEARING : 22.01.2018 DATE OF PRONOUNCEMENT : 01.02.2018 ORDER THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A), MEERUT, DATED 14 TH JANUARY, 2016, FOR THE A.Y. 1997-1998. 2. THE ASSESSEE HAS BEEN NOTIFIED THE DATE OF HEAR ING THROUGH REGISTERED POST. HOWEVER, NONE APPEARED ON BEHALF O F THE ASSESSEE. IT, THEREFORE, APPEARS THAT ASSESSEE IS NO MORE INT ERESTED IN PROSECUTING THE APPEAL. 3. THE ASSESSEE IN THE PRESENT APPEAL CHALLENGED T HE ADDITION OF RS.15,92,100 ON ACCOUNT OF UNEXPLAINED GIFTS. TH E A.O. DISCUSSED 2 ITA.NO.1821/DEL./2016 SHRI BHAGWATI PRASAD MAHESHWARI, MEERUT. THE ISSUE IN DETAIL IN THE ASSESSMENT ORDER WHICH W AS REMANDED TO HIM BY ITAT. THE A.O. MADE THE ABOVE ADDITIONS BECA USE ASSESSEE FAILED TO PROVE THE GENUINENESS OF THE GIFTS IN THE MATTER. THE LD. CIT(A) IN THE ABSENCE OF ANY MATERIAL ON RECORD, CO NFIRMED THE ADDITION AND DISMISSED THE APPEAL OF ASSESSEE. 4. IN THE ABSENCE OF ANY REPRESENTATION FROM THE S IDE OF THE ASSESSEE, IT IS CLEAR THAT ASSESSEE FAILED TO PROVE THE GENUINENESS OF THE GIFTS IN THE MATTER. THE APPEAL OF ASSESSEE IS ACCORDINGLY DISMISSED. 5. IN THE RESULT, APPEAL OF ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DELHI, DATED 01 ST FEBRUARY, 2018 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. // BY ORDER // ASST. REGISTRAR : ITAT DELHI BENCHES : DELHI.