Piyush Infrastructure India Pvt. Ltd., Faridabad V. DCIT, Faridabad

ITA 2152/DEL/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3667 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2009-2010
• Appeal Filed On: 10-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY TRIPATHI
• Section: 143(3); 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES F : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ITA.NO.2152/DEL./2017 ASSESSMENT YEAR 2009-2010 PIYUSH INFRASTRUCTURE INDIA PVT. LTD., 1 ST FLOOR, PIYUSH GLOBAL-I, PLOT NO.5, YMCA CHOWK, NH-2, OPP. ESCORTS MUJESAR METRO STATION, FARIDABAD 121 005. PAN AADCP9044P VS. THE DCIT, CENTRAL CIRCLE 1, FARIDABAD. (APPELLANT) (RESPONDENT) FOR ASSESSEE : - NONE - FOR REVENUE : SHRI SANJAY TRIPATHI, SR DR DATE OF HEARING : 04 .0 3 .20 20 DATE OF PRONOUNCEMENT : 04 .0 3 .20 20 ORDER PER BHAVNESH SAINI, J.M. THIS APPEAL BY THE ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-3, GURGAON, DATED 31.01.2017, FOR THE A.Y. 2009-2010. 2 ITA.NO.2152/DEL./2017 PIYUSH INFRASTRUCTURE INDIA PVT. LTD., FARIDABAD. 2. BRIEFLY THE FACTS OF THE CASE ARE THAT ASSESSEE- COMPANY FILED RETURN OF INCOME DECLARING LOSS OF RS.8,90,808/-. ASSESSMENT WAS COMPLETED UNDER SECTION 143(3) ON FEBRUARY, 2011 AT A LOSS OF RS.4,40,536/-. LATER ON, DURING THE COURSE OF SEARCH OPERATION CERTAIN INCRIMINATING DOCUMENTS SUCH AS UNACCOUNTED CASH BOOKS AND CHEQUE BOOKS WHEREIN THERE WERE DETAILS OF ENTRIES PROVIDED BY SHRI S.K. JAIN THROUGH HIS DIFFERENT COMPANIES WHICH WERE CONTROLLED BY HIM WERE FOUND AND SEIZED. IT WAS FOUND THAT ASSESSEE IS ALSO ONE OF THE BENEFICIARY TO HAVE RECEIVED ACCOMMODATION ENTRY IN A SUM OF RS.1,20,00,000/- FROM 10 PARTIES. THE CASE WAS REOPENED UNDER SECTION 147/148 OF THE I.T. ACT, 1961. THE OBJECTIONS OF THE ASSESSEE WERE REJECTED AGAINST RE-ASSESSMENT ORDER. THEREAFTER, ASSESSEE DID NOT FILE ANY EVIDENCE OR MATERIAL TO EXPLAIN THE GENUINENESS OF THE ENTRIES RECEIVED FROM THE ENTRY OPERATOR. THE A.O, THEREFORE, PASSED THE EX-PARTE ORDER UNDER SECTION 143(3)/147/144 OF THE I.T. ACT, 1961, DATED 31.03.2014 MAKING ADDITION OF RS.1,20,00,000/-. 3 ITA.NO.2152/DEL./2017 PIYUSH INFRASTRUCTURE INDIA PVT. LTD., FARIDABAD. 3. THE ASSESSEE PREFERRED APPEAL BEFORE THE LD. CIT(A). HOWEVER, DESPITE GIVING SEVERAL OPPORTUNITIES TO THE ASSESSEE BY SENDING NOTICES TO THE ASSESSEE, NONE APPEARED BEFORE THE LD. CIT(A). THE LD. CIT(A) IN THE ABSENCE OF THE ASSESSEE, CONFIRMED THE ADDITION AS WELL AS REOPENING OF THE ASSESSMENT AND DISMISSED THE APPEAL OF THE ASSESSEE. 4. THE ASSESSEE HAS BEEN NOTIFIED THE DATE OF HEARING FOR 11.11.2019. HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE. THEREFORE, APPEAL WAS ADJOURNED TO 09.01.2020 AND ASSESSEE WAS FURTHER NOTIFIED THE DATE OF HEARING FOR 09.01.2020. HOWEVER, SINCE THE BENCH DID NOT FUNCTION ON THAT DATE, THEREFORE, APPEAL WAS ADJOURNED TO 04.03.2020. THE ASSESSEE WAS FURTHER NOTIFIED THE DATE OF HEARING THROUGH REGISTERED POST AT THE CORRECT ADDRESS PROVIDED BY THE ASSESSEE. HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE EVEN ON THIS DATE OF HEARING. THE APPEAL IS, THEREFORE, DECIDED IN THE ABSENCE F ASSESSEE. 5. WE HAVE HEARD THE LD. D.R. AND PERUSED THE FINDINGS OF THE AUTHORITIES BELOW. THE ASSESSEE DID NOT 4 ITA.NO.2152/DEL./2017 PIYUSH INFRASTRUCTURE INDIA PVT. LTD., FARIDABAD. PRODUCE ANY EVIDENCE BEFORE THE AUTHORITIES BELOW TO PROVE AS TO HOW THE RE-ASSESSMENT IS NOT VALID AND AS TO WHY THE ADDITION OF RS.1,20,00,000/- ON ACCOUNT OF UNACCOUNTED SHARE APPLICATION MONEY IS NOT JUSTIFIED. THE ASSESSEE DID NOT APPEAR BEFORE THE AUTHORITIES BELOW. THE NON- APPEARANCE IS CONTINUED EVEN BEFORE THE TRIBUNAL. THE ASSESSEE IN THE PRESENT APPEAL HAS CHALLENGED THE REOPENING OF THE ASSESSMENT AS WELL AS ADDITION OF RS.1,20,00,000/- UNDER SECTION 68 OF THE I.T. ACT, 1961. IN THE ABSENCE OF ANY EVIDENCE OR MATERIAL ON RECORD, WE DO NOT FIND ANY INFIRMITY IN THE ORDERS OF THE AUTHORITIES BELOW. WE CONFIRM THE SAME AND DISMISS THE APPEAL OF ASSESSEE. 6. IN THE RESULT, APPEAL OF THE ASSESSEE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (N.K. BILLAIYA) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 04 TH MARCH, 2020 VBP/- 5 ITA.NO.2152/DEL./2017 PIYUSH INFRASTRUCTURE INDIA PVT. LTD., FARIDABAD. COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT F BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.