DEV BHOOMI AUTOMOBILES PVT. LTD., DEHRADUN V. ACIT, CIRCLE, HARIDWAR

ITA 2152/DEL/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2771 (ITAT-DEHRADUN)
• Duration Of Justice: 3 year(s) 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 28-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RADHEY SHYAM
• Assessee Lawyers: PALLAVI
• Keywords: Unexplained investment; Principle of natural justice

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCH, DEHRADUN BEFORE SH. A. D. JAIN, VICE PRESIDENT DR. B. R. R. KUMAR, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 2151/DEL/2018 : ASSTT. YEAR : 2009-10 ITA NO. 2152/DEL/2018 : ASSTT. YEAR : 2010-11 ITA NO. 2153/DEL/2018 : ASSTT. YEAR : 2011-12 DEV BHOOMI AUTOMOBILES PVT. LTD., 2A, RACE COURSE, DEHRADUN VS ACIT, CIRCLE, HARIDWAR (APPELLANT) (RESPONDENT) PAN NO. AAFFD0757Q ASSESSEE BY : MS. PALLAVI, CA REVENUE BY : SH. RADHEY SHYAM, CIT DR DATE OF HEAR ING: 25 . 10 .20 21 DATE OF PRONOUNCEMENT: 25.10 .20 21 ORDER PER BENCH: THESE ORDERS ARE DIRECTED AGAINST THE ORDER OF LD. CIT(A)- 2, AGRA, CAMP AT DEHRADUN DATED 31.03.2017. 2. THE ASSESSEE FILED APPEAL BEFORE THE LD. CIT(A) ON 03.04.2014 AGAINST THE ORDER OF THE ACIT, CIRCLE HA RIDWAR DATED 28.02.2014. THE ASSESSING OFFICER MADE ADDITION ON ACCOUNT OF CONCEALED PROFIT OF RS.1,14,27,734/- ARISING OUT OF UNACCOUNTED SALES AND UNACCOUNTED INVESTMENT OF RS.3,00,33,465/ -. THE ASSESSEE FILED APPEAL BEFORE THE LD. CIT(A) ON THE ISSUE OF UNACCOUNTED INVESTMENT/ UNDISCLOSED CAPITAL OF RS.3,00,33,465/-. ITA NOS. 2151 TO 2153/DEL/2018 DEV BHOOMI AUTOMOBILES PVT. LTD. 2 3. WHILE DISPOSING THE APPEAL OF THE ASSESSEE, THE LD. CIT(A) HELD AS UNDER: 5. BEFORE ME, THE APPEAL OF ASSESSEE WAS FIXED FO R HEARING ON DIFFERENT DATES OVER A SPAN OF MORE THAN ONE YEA R, HOWEVER, NO WORTHWHILE COMPLIANCE HAS BEEN MADE BY THE APPEL LANT, EXCEPT FOR TAKING ADJOURNMENTS ON DIFFERENT OCCASIO NS. THE LD. AR FOR THE APPELLANT WAS DULY APPRISED OFF THE FACT THAT THE AMPLE OPPORTUNITY TO PURSUE THE APPEAL AS FILED, HA S BEEN GRANTED AND THE CASE HAS BEEN ADJOURNED CONSIDERING THE REQUESTS OF ASSESSEE FOR FILING SUBMISSION ON THE N EXT DATE OF HEARING. DURING THE COURSE OF HEARINGS, THE APPELLA NT WAS DULY INFORMED THAT IN VIEW OF SUFFICIENT OPPORTUNITY GIV EN THE CASE WAS BEING ADJOURNED BY WAY OF 'LAST & FINAL OPPORTU NITY. HOWEVER, DESPITE GRANT OF AMPLE TIME, THE APPELLANT DIDN'T AVAIL OFF THE OPPORTUNITY IN FILING ANY SUBMISSIONS IN SU PPORT OF THE GROUNDS TAKEN. THUS, IN THE GIVEN CIRCUMSTANCES, TH E ASSESSEE APPEARS TO BE NOT INTERESTED IN PURSUING THE APPEAL PREFERRED BY IT, THEREFORE, THE PRESENT APPEAL IS BEING DECID ED ON THE BASIS OF AOS ORDER AND FACTUAL POSITION OF ASSESSE ES CASE, NOTABLY THAT AO HAS SUCCESSFULLY CANVASSED THE REAS ON OF HIS SATISFACTION IN VIEW OF DETECTION OF ASSESSEES UNA CCOUNTED SALES, AND HE HAS MADE THE ADDITION ON THAT COUNT A T RS.1,14,27,734/- ON THE BASIS OF ASSESSEES UNACCOU NTED SALE AT RS. 1,14,27,734/-. IT IS PERTINENT TO MENTION THAT THE ASSESSEE APPELLANT HAS ACCEPTED THE AOS ORDER IN MAKING THE ADDITION OF RS.1,14,27,734/- ON ACCOUNT OF OUT OF BOOKS SALES A ND IT HAS NOT AGITATED SUCH ADDITION IN THE APPEAL FILED BEFO RE ME. THUS WHILE CONSIDERING SUCH FACTUAL BACKGROUND OF - ASSE SSEES CASE, IT IS OBSERVED THAT AO HAS JUSTIFIABLY DETERMINED T HE CONCEALED ITA NOS. 2151 TO 2153/DEL/2018 DEV BHOOMI AUTOMOBILES PVT. LTD. 3 INVESTMENT OF RS.3,00,33,465/- WHICH WAS EMPLOYED B Y THE ASSESSEE FOR MAKING OUT OF BOOKS, UNACCOUNTED SALES OF RS.1,14,27,734/- WHILE CONSIDERING THE MAGNITUDE OF ASSESSEE'S UNACCOUNTED SALES, THE ADDITION AS MADE BY THE AO I S CONFIRMED. AS A RESULT, THE GROUND NO. 3 TAKEN AGAI NST THE ADDITION OF RS.3,00,33,465/- IS DISMISSED. 4. TODAY, THE ASSESSEE SOUGHT ADJOURNMENT OF THE CA SE. 5. HAVING GONE THROUGH THE RECORD, WE FIND THAT THE LD. CIT(A) HAS NOT PASSED A SPEAKING ORDER ON THE ISSUE OF THE GROUNDS TAKEN UP BEFORE HIM. THE CASE OF THE ASSESS EE HAS BEEN DISMISSED SUMMARILY WITHOUT CONSIDERING THE ME RITS OF THE ISSUE INVOLVED. 6. HENCE, WE HEREBY REJECT THE ADJOURNMENT FILED BY THE ASSESSEE AND RESTORE THE MATTER TO THE FILE OF THE LD. CIT(A) WITH DIRECTIONS TO PASS A SPEAKING ORDER ON THE GRO UNDS RAISED BY THE ASSESSEE IN THE FORM NO. 35, DULY FOLLOWING THE PRINCIPLES OF NATURAL JUSTICE. 7. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE A RE ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT TODAY I.E. ON 25 /10/2021. SD/- SD/- (A. D. JAIN) (DR. B. R. R. KUMAR) VICE PRESIDENT AC COUNTANT MEMBER DATED: 25/10/2021 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR