M/s. Sri Tirupati Agencies, Jorhat V. Income Tax Officer, Ward-4, Jorhat

ITA 186/GTY/2019

AI Insights

The case involves M/s. Sri Tirupati Agencies, the appellant, who contested the order of the Commissioner of Income Tax (Appeals), Jorhat, which confirmed the addition of Rs.9,06,71,780 to the assessee's income for the Assessment Year 2010-11. This addition was initially made by the Assessing Officer based on information received from the Assistant Director of Income Tax (Investigation), Ludhiana, regarding bogus credit entries. The assessee did not respond to the notices at various stages of the assessment and appellate proceedings, leading to an ex-parte order. The Tribunal, after reviewing the records and the absence of any defense or explanation from the assessee, dismissed the appeal.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 129033 (ITAT-GUWAHATI)
• Duration Of Justice: 3 year(s) 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 19-12-2022
• Assessment Year: misc
• Appeal Filed On: 05-05-2019
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 68; 144

Judgement Text

ITA No. 186/GAU/2019 Assessment Year: 2010-2011 M/s. Sri Tirupati Agencies, Jorhat 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA-GUWAHATI ‘e-COURT’, KOLKATA [Virtual Court Hearing] Before Shri Rajpal Yadav, Vice-President (KZ) & Dr. Manish Borad, Accountant Member I.T.A. No. 186/GAU/2019 Assessment Year: 2010-2011 M/s. Sri Tirupati Agencies,..................... Appellant Ward No. 4, Holding No. 15, A.T. Road, Jorhat-785001, Assam [PAN:AAFFT1065R] -Vs.- Income Tax Officer,................................Respondent Ward-4, Jorhat, Aayakar Bhawan, Thana Road, Jorhat, Assam-785001 Appearances by: N o n e, appeared on behalf of the assessee Shri Amit Kumar Pandey, JCIT, appeared on behalf of the Revenue Date of concluding the hearing : December 20, 2022 Date of pronouncing the order : December 20, 2022 O R D E R Per Rajpal Yadav, Vice-President (KZ):- The assessee is in appeal before the Tribunal against the order of ld. Commissioner of Income Tax (Appeals), Jorhat dated 30.01.2019 passed for Assessment Year 2010-11. ITA No. 186/GAU/2019 Assessment Year: 2010-2011 M/s. Sri Tirupati Agencies, Jorhat 2 2. The assessee has taken four grounds of appeal, out of which Grounds No. 1 & 4 are general grounds of appeal, which do not call for recording any specific finding. 3. Grounds No. 2 & 3 are inter-connected with each other. In these grounds, the common grievance pleaded by the assessee is that ld. CIT(Appeals) has erred in confirming the addition of Rs.9,06,71,780/-, which was added by the ld. Assessing Officer under section 68 of the Income Tax Act by passing an ex-parte assessment order under section 144 of the Income Tax Act. 4. In response to the notice of hearing, no one has come present on behalf of the assessee. With the assistance of ld. D.R., we have gone through the record carefully. 5. It emerges out from the record that information was received by the ld. Assessing Officer from Assistant Director of Income Tax (Investigation), Ludhiana exhibiting the involvement of assessee into bogus credit entries. The ld. Assessing Officer has reopened the assessment by issuance of a notice under section 148. The assessee did not file any return of income in response to such notice. The ld. Assessing Officer found that a cash of Rs.9,06,71,780/- was deposited in the ITA No. 186/GAU/2019 Assessment Year: 2010-2011 M/s. Sri Tirupati Agencies, Jorhat 3 Bank Account with ICICI Bank during F.Y. 2009-10 and the assessee did not give any explanation for such deposit. Accordingly the ld. Assessing Officer treated such deposit as unexplained cash credit. He made an addition of the above amount by passing an ex-parte assessment order under section 144 of the Income Tax Act. 6. Dissatisfied with the assessment order, assessee filed an appeal before the ld. CIT(Appeals). Again it did not prosecute the appeal seriously because it did not submit any details. The ld. 1 st Appellate Authority has confirmed the assessment order. 7. Before us, neither assessee appeared nor submitted any details. It is very difficult to record a specific finding of fact whether such transaction was genuine or a bogus because neither assessee prosecuted the income-tax litigation before the ld. Assessing Officer nor before the ld. CIT(Appeals). The only step it took is that it has filed an appeal before the ld. CIT(Appeals) and after its dismissal it has filed appeal before the ITAT, otherwise nobody is responding to the notices. 8. Under these compelling circumstances, we have no other choice except to dismiss this appeal. It is dismissed. ITA No. 186/GAU/2019 Assessment Year: 2010-2011 M/s. Sri Tirupati Agencies, Jorhat 4 9. In the result, the appeal of the assessee is dismissed. Order pronounced in the open Court on 20.12.2022. Sd/- Sd/- (Manish Borad) (Rajpal Yadav) Accountant Member Vice-President Kolkata, the 20 th day of December, 2022 Copies to :(1) M/s. Sri Tirupati Agencies, Ward No. 4, Holding No. 15, A.T. Road, Jorhat-785001, Assam (2) Income Tax Officer, Ward-4, Jorhat, Aayakar Bhawan, Thana Road, Jorhat, Assam-785001 (3) Commissioner of Income Tax (Appeals), Jorhat, (4) Commissioner of Income Tax- , (5) The Departmental Representative (6) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S.