Manoj Kumar Verma, Delhi V. ACIT Circle-58(1), New Delhi

ITA 2381/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 8831 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2013-2014
• Appeal Filed On: 17-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Unexplained cash credit; Depreciation
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’: NEW DELHI (Through Video Conferencing) BEFORE, SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No.2381/Del/2019 (ASSESSMENT YEAR 2013-14) Manoj Kumar Verma Prop. M/s Verma Gas Agency, R/o 70, Kundan Nagar, Laxmi Nagar, Delhi-110 092 PAN-ABPPV 7333M Vs. Asst. CIT, Circle-58(1), Room No.D-218, 2 nd Floor, Vikas Bhawan, I.P. Estate, New Delhi-110 002. (Appellant) (Respondent) Appellant By Sh. Deep Chand Garg, CA Respondent by Sh. Sumit Kumar Verma, Sr. DR ORDER PER ANADEE NATH MISSHRA, AM: (A) This appeal by Assessee is filed against the order of Learned Commissioner of Income Tax (Appeals)-38, New Delhi, [Ld. CIT(A)”, for short], dated 02.01.2019 for Assessment Year 2013-14. Grounds taken in this appeal of Assessee are as under: “1. That the Commissioner of Income Tax (Appeals) erred in law and on facts in upholding the order of ACIT for assessing the income in the hands of appellant which is contrary to law, equity, justice, facts and material on records. 2 ITA No.2381/Del/2019 Manoj Kumar Verma vs. ITO 2. That the Commissioner of Income Tax (Appeals) erred in law and on facts in upholding the order of ACIT for making an addition of Rs.41,37,950 by treating the same as unexplained cash credit, while the onus prescribed under section 68 has been discharged by appellant. 3. That the Commission of Income Tax (Appeals) erred in law and on facts in upholding the order of ACIT for making an addition of Rs.89,607 on account of personal nature, as 20% of Depreciation of Car, Telephone expenses, Car Running & Maintenance and Travelling expenses, though no instance of personal expenses has been pointed out by ACIT & Commission of Income Tax (Appeals) and accounts of the assessee have been duly audited by a Chartered Accountant and a report thereof has been submitted during the assessment proceedings. 4. The appellant craves eave to add, alter, amend, modify or delete any grounds of appeal before or at the time of hearing.” (B) At the time of hearing, the Learned Authorized Representative (“Ld. AR”, for short) for the assessee informed us that the assessee has opted to settle the aforementioned appeal under Vivad se Vishwas ACT, 2020 (“VSVS”, for short) and that the Designated Authority has already issued Form-5 under VSVS. He also drew our attention to letter dated 14.02.2022 submitted before Income Tax Appellate Tribunal (‘ITAT’, for short), in this regard. Copy of Form-5 issued by designated authority under VSVS was also enclosed with the aforesaid letter. Learned Senior Departmental Representative for revenue submitted before us that this appeal may be treated as withdrawn and may be dismissed on account of the aforesaid VSVS. After due consideration and in view 3 ITA No.2381/Del/2019 Manoj Kumar Verma vs. ITO of the foregoing, we are of the opinion that this appeal has become infructuous on account of aforesaid VSVS, and this appeal may be treated as withdrawn on account of the aforesaid VSVS. Accordingly, this appeal having become infructuous, is treated as withdrawn and is hereby dismissed. (B.1) Before we part, we hereby clarify, by way of abundant caution, that if for some reason the disputes under this appeal before us are not settled under the aforesaid VSVS, then the assessee will be at liberty to approach ITAT for restoration of this appeal in accordance with law. (C) In the result, this appeal is dismissed. This order was already pronounced orally on 15 th February, 2022 in Open Court, in the presence of representatives of both sides, after conclusion of the hearing. Now this order in writing is signed today on 16.02.2022. Sd/- Sd/- (KUL BHARAT) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated:16.02.2022 PK/Ps 4 ITA No.2381/Del/2019 Manoj Kumar Verma vs. ITO Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI