GDA Finvest & Trade Pvt. Ltd., New Delhi V. DCIT, Circle- 10(1), New Delhi

ITA 189/DEL/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9057 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 08-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANIMA BARNWAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI C BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER & SH.PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO.189/DEL/2018 ASSESSMENT YEAR : 2005-06 GDA FINVEST & TRADE PVT.LTD., DELHI ROHTAK ROAD, ASSAM TIMBER MARKET, SWARNA PARK, MUNDKA, NEW DELHI. PAN-AAACG4200D VS DCIT, CIRCLE-10(1), NEW DELHI. APPELLANT RESPONDENT APPELLANT BY NONE RESPONDENT BY MS. ANIMA BARNWAL, SR DR DATE OF HEARING 03.08.2021 DATE OF PRONOUNCEMENT 03.08.2021 ORDER PER KUL BHARAT, JM : THIS APPEAL FILED BY THE ASSESSEE FOR THE ASSESSMEN T YEAR 2005-06 IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)-12, NEW DE LHI DATED 12.10.2017. THE ASSESSEE HAS RAISED FOLLOWING GROUNDS OF APPEAL:- 1. THAT ON THE FACTS OF THE CASE AND UNDER THE LAW , THE PENALTY ORDER PASSED BY THE ID. A.O. U/S 271(1)(C) IS LIABLE TO B E QUASHED BECAUSE THE ID. A.O. HAD NOT SPECIFIED THE 'CHARGE', AT THE TIME OF INITIATING PENALTY. 2. THAT ON THE FACTS OF THE CASE AND UNDER THE LAW, THE ID. CIT(A) HAS ERRED IN NOT APPRECIATING THAT PENALTY U/S 271(1)(C ) IS NOT SUSTAINABLE, SIMPLY BECAUSE THE ASSESSEE HAD FAILED TO GET THE A DDITION OF RS. 5,00,000/- (MADE BY THE ID. A.O. ON ACCOUNT OF UNEX PLAINED SHARE CAPITAL) DELETED. 3. THAT ON THE FACTS OF THE CASE AND UNDER THE LAW, THE ID. CIT(A) HAS ERRED IN NOT APPRECIATING THAT PENALTY U/S 271(1)(C ) IS NOT SUSTAINABLE, SIMPLY BECAUSE THE ASSESSEE HAD FAILED TO GET THE D ISALLOWANCE OF RS. ITA NO.189/DEL/2018 ASSESSMENT YEAR : 2005-06 PAGE | 2 14,382/- (MADE BY THE LD. A.O. ON ACCOUNT OF DEFERR ED REVENUE EXPENSES) DELETED. 4. THAT ON THE FACTS OF THE CASE AND UNDER THE LAW, THE ID. CIT(A) HAS ERRED IN CONFIRMING THE ORDER DT. 28.12.2015 PASSED BY THE ID. A.O. U/S 271(1)(C) IMPOSING PENALTY OF RS.1,88,212/-. 5. THAT ON THE FACTS OF THE CASE AND UNDER THE LAW, THE ID. CIT(A) HAS ERRED IN DISMISSING THE ASSESSEE'S APPEAL, WITHOUT PROPERLY LOOKING INTO THE FACTS OF THE CASE OF THE ASSESSEE. 2. NO ONE APPEARED ON BEHALF OF THE ASSESSEE AT THE TI ME OF HEARING. THE NOTICE OF HEARING WAS SENT THROUGH SPEED POST TO TH E ADDRESS FURNISHED BY THE ASSESSEE AT GDA FINVEST & TRADE PVT.LTD., DELHI ROHTAK ROAD, ASSAM TIMBER MARKET, SWARNA PARK, MUNDKA, NEW DELHI , IS RETURNED BACK WITH REMARK INCOMPLETE ADDRESS. THE NOTICE IS RETURNED BACK UNSERVED. THE ASSESSEE HAD NOT FURNISHED CORRECT AND COMPLETE ADDRESS. BEFORE LD.CIT(A), THE SAME ADDRESS WAS FURNISHED AND LD.CIT(A) DISMISSED THE A PPEAL OF THE ASSESSEE. HOWEVER, BEFORE LD. CIT(A), SH. ARCHIT AGGARWAL, C A & SH.SUNIL SHARMA WITHOUT PROPER AUTHORIZATION, ATTENDED THE PROCEEDI NGS. 3. LD. SR. DR SUBMITTED THAT APPEAL OF THE ASSESSEE BE DISMISSED. 4. WE HAVE HEARD THE LD. SR. DR AND PERUSED THE MAT ERIAL AVAILABLE ON RECORD. IN THESE FACTS AND CIRCUMSTANCES, IT APPEAR ED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE PRESENT APPEAL. SINCE NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE SERVICE OF NOTICES THEREFORE, FOLLOWING THE DECISION OF HONBLE SUPREME COURT IN THE CASE OF CIT VS B. N. BHATTACHARYA (1997) 118 ITR 461 (SC) AND DECISION OF DELHI TRIBUNAL IN THE CASE OF CIT VS MULTIPLAN INDIA ITA NO.189/DEL/2018 ASSESSMENT YEAR : 2005-06 PAGE | 3 PVT. LTD. REPORTED IN 38 ITD 320 (DEL.). WE HEREBY DISMISSED THE APPEAL OF THE ASSESSEE FOR WANT OF PROSECUTION. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ABOVE DECISION WAS PRONOUNCED ON CONCLUSION OF VIRT UAL HEARING ON 03 RD AUGUST, 2021. SD/- SD/- (PRASHANT MAHARISHI) (KUL BHARAT) ACCOUNTANT MEMBER JUDICIA L MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI