Genus Paper & Boards Ltd, Moradabad V. DCIT Central Circle, Moradabad

ITA 191/DEL/2020

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6556 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 09-06-2024
• Assessment Year: 2013-2014
• Appeal Filed On: 08-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DAYAINDER SINGH SINDHU
• Keywords: Unexplained cash credit
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘B’: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER ITA No.191/DEL/2020 [Assessment Year: 2013-14] Genus Paper & Boards Ltd. Village-Aghwanpur, Kanth Road, Moradabad, Uttar Pradesh-244001 Vs DCIT, CC, Income Tax Office, Pilikothi, Moradabad, Uttar Pradesh-244001 PAN-AAECG5483A Assessee Revenue Assessee by Sh. Mayank Patawari, CA Revenue by Sh. Dayainder Singh Sindhu, CIT-DR Date of Hearing 10.06.2024 Date of Pronouncement 12.06.2024 ORDER PER BRAJESH KUMAR SINGH, AM, This appeal by the assessee is directed against the order of the learned Commissioner of Income Tax (Appeals)-III, Lucknow, dated 25.07.2019 pertaining to Assessment Year 2013-14. 2. The grounds of appeal raised by the assessee are as under:- “1. The Ld. CIT Appeal has erred in law and on facts on both for confirming the addition of Rs. 2,00,00,000/-on account of unexplained cash credit. 2. The Ld. CIT(A) is highly unjustified for confirming the action of Ld. A.O. for making addition of RS. 1,00,00,000/- received from M/s BSR Finance & Construction Ltd., as unexplained income u/s 68 of Income Tax Act, by alleging that the assessee has not discharged the onus cast upon 2 ITA No.191/Del/2020 him to establish the identity and creditworthiness of the creditors and genuineness of the transaction. 3. The Ld. CIT(A) is highly unjustified for confirming the action of Ld. A.O. for making addition of Rs. 1,00,00,000/- received from M/s Mayank Global Finance Ltd., as unexplained income us 68 of Income Tax Act, by alleging that the assessee has not discharged the onus cast upon him to establish the identity and creditworthiness of the creditors and genuineness of the transaction. 4. The additional ground(s), if considered necessary, shall be taken at the time of hearing of appeal.” 3. At the time of hearing, the Ld. AR submitted that the instant appeal is a duplicate appeal of the same assessee for the very same assessment year viz 2013-14. It was further submitted by him that the assessee had filed another Appeal No.45/Del/2021 relating to same assessment year 2013-14, which was also listed for hearing today. 4. The submission of the ld. AR was verified with the records and found to be correct. Since, the instant appeal is a duplicate appeal of the assessee for the same assessment year, hence, we deem it fit and proper to dismiss the instant Appeal No.191/Del/2020 (AY 2013-14), being duplicacy. 5. In the result, the appeal of the assessee is dismissed. Order pronounced in the open court on 12 th June, 2024. Sd/- Sd/- [KUL BHARAT] [BRAJESH KUMAR SINGH] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated 12.06.2024. ff^ ff^ff^ ff^? ?? ? 3 ITA No.191/Del/2020 Copy forwarded to: 1. Assessee 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi