Shri Dai Ram Jindal, Delhi V. ITO, New Delhi

ITA 2016/DEL/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4567 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-08-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 05-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SURENDRA MEENA
• Section: 131; 68; 144; 142(1); 143(1); 143(2); 69A

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL, DELHI BENCH B, NEW DELHI BEFORE : MS. SUCHITRA KAMBLE, JUDICIAL MEMBER AN D SHRI PRASHANT MAHARISHI, A CCOUNTANT MEMBER ITA NO. 2016/DEL/2017 ASSESSMENT YEAR: 2012-13 DAI RAM JINDAL, PROP. HYAT TRADERS, KD-17, PITAMPURA, DELHI. PAN- AAGPJ6485J (APPELLANT) VS. INCOME - TAX OFFICER, WARD 47(1), NEW DELHI. (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SH. SURENDRA MEENA, SR. DR ORDER PER SUCHITRA KAMBLE, J.M.: THIS APPEAL IS FILED AGAINST THE ORDER DATED 09.01 .2017 PASSED BY THE CIT(A)-16, NEW DELHI FOR THE ASSESSMENT YEAR 2013-1 4. 2. THE GROUNDS OF APPEAL ARE AS UNDER : 1. LD. CIT(A) IS NOT JUSTIFIED IN LAW AND FACTS AND CIR CUMSTANCES OF THE CASE IN CONFIRMING THE ADDITION OF RS.38,09,457/- U NDER THE HEAD UNSECURED LOAN WITHOUT CONSIDERING THE SUBMISSION MADE BY THE ASSESSEE. DATE OF HEARING 08.08.2019 DATE OF PRONOUNCEMENT 27 .08.2019 ITA NO. 2016/DEL/2017 2 2. LD. CIT(A) IS NOT JUSTIFIED IN LAW AND FACTS AND CIR CUMSTANCES OF THE CASE IN CONFIRMING THE ADDITION OF RS.10,50,000/- O N ACCOUNT OF CASH DEPOSITED IN THE BANK. 3. THE ASSESSEE HAS EVERY RIGHT TO MAKE, ADD, DELETE, M ODIFY OR ALTER ANY GROUNDS OF APPEAL AT THE TIME OF HEARING. 3. THE ASSESSEE IS THE PROPRIETOR OF M/S. HYAT TRAD ERS. DURING THE YEAR, THE ASSESSEE HAS MADE A SALE OF RS.55,33,106/- AND REPO RTED A NET PROFIT OF RS.2,55,235/- AS COMPARED TO RS.1,10,89,379/- AND R S.2,32,555/- RESPECTIVELY. THE RETURN OF INCOME WAS FILED ON 31.03.2013 DECLAR ING AN INCOME OF RS.2,36,570/- WHICH WAS PROCESSED U/S. 143(1) OF TH E ACT VIDE ORDER DATED 11.06.2013. THE CASE WAS SELECTED FOR SCRUTINY UNDE R CASS AND NOTICE U/S. 143(2) WAS ISSUED ON 17.08.2013 WHICH WAS DULY SERV ED UPON THE ASSESSEE. FURTHER NOTICE U/S. 142(1) WAS ISSUED ON 08.10.2014 . FURTHER NOTICE U/S. 143(2) OF THE ACT WAS ISSUED ON 02.12.2014. THE ASS ESSEE FILED LETTER DATED 12.02.2015 AND 19.02.2015 AND RAISED CERTAIN OBJECT IONS REGARDING THE JURISDICTION. OBJECTION WAS DISPOSED OF VIDE LETTER DATED 16.03.2015 BY THE REVENUE. SINCE THE ASSESSEE DID NOT ATTEND THE PROC EEDINGS IN RESPONSE TO ANY NOTICE ISSUED, SUMMONS U/S. 131 OF THE ACT WAS ISSU ED ON 20.02.2015 AND SERVED UPON THE ASSESSEE. HOWEVER, THE ASSESSEE DID NOT APPEAR. THEREFORE, THE ASSESSING OFFICER PASSED ORDER U/S. 144 OF THE ACT. THE ASSESSING OFFICER MADE ADDITION OF RS.38,09,457/- AS UNEXPLAINED MONE Y U/S. 69A OF THE ACT AS WELL AS MADE ADDITION OF RS.10,50,000/- UNDER THE P ROVISIONS OF SECTION 68 AS UNEXPLAINED CASH DEPOSITS. ITA NO. 2016/DEL/2017 3 4. BEING AGGRIEVED BY THE ASSESSMENT ORDER, THE ASS ESSEE FILED APPEAL BEFORE THE CIT(A.) THE CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE AS NONE APPEARED BEFORE THE CIT(A) TOO DESPITE GIVING NOTIC E. 5. DURING THE HEARING, DESPITE FILING THE POWER OF ATTORNEY, NONE APPEARED FOR THE ASSESSEE NOR WAS THE ASSESSEE PRESENT BEFOR E US. NOTICE FOR HEARING WAS PROPERLY ISSUED AND SERVED UPON THE ASSESSEE. T HUS, THE SERVICE WAS COMPLETE BUT SINCE NONE IS PRESENT ON BEHALF OF THE ASSESSEE, WE ARE PROCEEDING ON THE BASIS OF ASSESSMENT ORDER AND THE ORDER OF THE CIT(A). 6. THE LD. DR RELIED UPON THE ASSESSMENT ORDER AND THE ORDER OF THE CIT(A). 7. WE HAVE HEARD THE LD. DR AND PERUSED THE ASSESSM ENT ORDER AND THE ORDER OF CIT(A). FROM THE PERUSAL OF THE ORDERS OF THE LOWER AUTHORITIES, IT CAN BE SEEN THAT THE ASSESSEE IS THE HABITUAL DEFAULTER IN COMPLYING WITH THE NOTICES ISSUED FOR HEARING. NONE APPEARED BEFORE US AS WELL. THEREFORE, WE ARE OF THE OPINION THAT THE ASSESSEE IS NOT INTERESTED IN ITS APPEAL. FROM THE PERUSAL OF THE ASSESSMENT ORDER IT CAN BE SEEN THAT THE ASSESSEE WAS ASKED TO FILE THE NAME AND COMPLETE ADDRESS OF ALL THE PERSO NS FROM WHOM UNSECURED LOANS WERE TAKEN WITH THEIR SOURCE OF INCOME, BANK STATEMENTS, INCOME-TAX RETURNS AND COMPUTATIONS OF INCOME AS WELL AS ASKED TO PROVE THEIR CREDITWORTHINESS TO GIVE UNSECURED LOANS. DESPITE G IVING THE OPPORTUNITIES, THE ASSESSEE HAS NOT FILED ANY DETAILS AS WAS ASKED BY THE ASSESSING OFFICER AND HAS NOT PROVED THE CASE BEFORE THE REVENUE AUTH ORITIES. THEREFORE, THE ASSESSING OFFICER HAS MADE PROPER ADDITION IN RESPE CT OF UNEXPLAINED MONEY ITA NO. 2016/DEL/2017 4 U/S. 69A. AS REGARDS ADDITION OF UNEXPLAINED CASH D EPOSITS, THE SAME WAS ALSO NOT CONTESTED BY THE ASSESSEE DURING THE ASSESSMENT PROCEEDINGS BY PRODUCING ANY DOCUMENTARY EVIDENCE. THEREFORE, THE ASSESSING OFFICER HAS RIGHTLY MADE ADDITION AND THERE IS NO NEED TO INTER FERE WITH THE OBSERVATIONS AND CONCLUSION OF THE ASSESSMENT ORDER. AS REGARDS THE ORDER OF THE CIT(A), THE CIT(A) HAS ALSO GIVEN CATEGORICAL FINDING, I.E. , IN ABSENCE OF EVIDENCE, THE ASSESSING OFFICER HAS RIGHTLY MADE ADDITIONS. THERE FORE, THERE IS NO NEED TO INTERFERE WITH THE FINDINGS OF THE LD. CIT(A). THE APPEAL OF THE ASSESSEE IS ACCORDINGLY DISMISSED. 8. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 27 TH DAY OF AUGUST, 2019. SD/- SD/- (PRASHANT MAHARISHI) ( SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 27 TH AUGUST, 2019 *AKS* COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI ITA NO. 2016/DEL/2017 5 DATE OF DICTATION 23.08.19 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 23.08.19 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE FAIR ORDER IS PLACED FOR PRONOUNC EMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR DATE OF DISPATCH OF THE ORDER