Shri Ashok Verma, New Delhi V. ITO, New Delhi

ITA 2613/DEL/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9409 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 01-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VED PRAKASH MISHRA
• Keywords: Unexplained cash credit
• Section: 144

Judgement Text

ASHOK VERMA VS. ITO / I.T.A.NO.2613/DEL/2017/A.Y.20 12-13 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER . . /. I.T.A NO.2613/DEL/2017 / ASSESSMENT YEAR:2012-13 ASHOK VERMA C/O ANIL JAIN DD & CO., CAS, 611, SURYA KIRAN BUILDING, 19, K.G. MARG, NEW DELHI. VS. ITO WARD 51(5), NEW DELHI. PAN NO. ADOPV9620J APPELLANT / RESPONDENT /ASSESSEE BY NONE /REVENUE BY SHRI VED PRAKASH MISHRA, SR. DR / DATE OF HEARING: 09 .0 1.20 20 /PRONOUNCEMENT ON 0 9 .0 1.20 20 /O R D E R PER BHAVNESH SAINI, J.M. 1. THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST T HE ORDER OF LD. CIT(APPEALS)-17, NEW DELHI DATED 27.02.2017 FOR ASS ESSMENT YEAR 2012-13. 2. IN THIS CASE, ASSESSEE FILED RETURN OF INCOME DECLA RING INCOME OF RS. 4,73,600/-. THE AO ISSUED SEVERAL STATUTORY NOTICE S FOR COMPLETION OF THE ASSESSMENT BUT NONE HAVE BEEN ATTENDED ON BEHALF OF THE ASSESSEE. THE ASSESSEE DID NOT PRODUCE BOOKS OF ACCOUNT AND OTHER DOCUMENTARY EVIDENCES BEFORE THE AO, THEREFORE, AO REJECTED THE BOOKS OF ACCOUNT U/S 145(3) AND MADE THE ASSESSMENT U/S 144 OF THE ACT. THE AO MADE ADDITION BY ESTIMATING GROSS PROFIT @ 5% AND MADE A DDITION OF RS. ASHOK VERMA VS. ITO / I.T.A.NO.2613/DEL/2017/A.Y.20 12-13 PAGE 2 OF 3 99,20,915/-. THE AO ALSO MADE ADDITION OF RS. 79,0 2,705/- ON ACCOUNT OF UNEXPLAINED CREDITS IN ABSENCE OF ANY CONFIRMATIONS . 3. THE ASSESSEE CHALLENGED THE EX PARTE ASSESSMENT ORDER AS WELL AS BOTH THE ADDITIONS ON MERITS. THE LD. CIT(A), HOWE VER, NOTED THAT ASSESSEE HAS BEEN GIVEN SUFFICIENT OPPORTUNITIES ON VARIOUS DATES WHICH HAVE NOT BEEN AVAILED TO BY THE ASSESSEE. THEREFOR E, EX PARTE ORDER HAS BEEN CORRECTLY MADE. IN ABSENCE OF PRODUCTION OF TH E BOOKS OF ACCOUNT, OTHER MATERIAL AND CONFIRMATION FROM THE CREDITORS CONFIRMED BOTH THE ADDITIONS AND DISMISSED THE APPEAL OF ASSESSEE. 4. THE ASSESSEE HAS BEEN NOTIFIED THE DATE OF HEARING THROUGH REGISTERED POST, HOWEVER, ASSESSEE DID NOT APPEAR O N THE DATES OF HEARING. 5. LD. DR CONTENDED THAT IN ABSENCE OF ANY DOCUMENTARY EVIDENCES THE AUTHORITIES BELOW WERE JUSTIFIED IN MAKING THE ADDI TIONS. 6. CONSIDERING THE FACTS OF THE CASE, WE DO NOT FIND A NY MERIT IN THE APPEAL OF ASSESSEE. THE ASSESSEE IN THE PRESENT AP PEAL HAS CHALLENGED THE EX PARTE ASSESSMENT ORDER U/S 144 OF THE ACT BECAUSE NO REAS ONABLE OPPORTUNITIES OF BEING HEARD HAVE BEEN GIVEN TO ASS ESSEE. HOWEVER, THE ASSESSMENT ORDER SHOWS THAT SEVERAL OPPORTUNITIES H AVE BEEN GIVEN TO ASSESSEE THROUGH STATUTORY NOTICES BUT NONE HAVE BE EN COMPLIED WITH. THEREFORE, AO WAS COMPELLED TO PASS EX PARTE ASSESSMENT ORDER. THE ASSESSEE DID NOT PRODUCE ANY BOOKS OF ACCOUNT AND D OCUMENTARY EVIDENCES ALONG WITH CONFIRMATION OF THE CREDITORS. THEREFOR E, THERE WAS AMPLE JUSTIFICATION FOR THE AUTHORITIES BELOW TO CONFIRM THE ADDITIONS. IN ABSENCE ASHOK VERMA VS. ITO / I.T.A.NO.2613/DEL/2017/A.Y.20 12-13 PAGE 3 OF 3 OF ANY APPEARANCE FROM THE SIDE OF THE ASSESSEE, WE DO NOT FIND ANY MERIT ON THE APPEAL OF THE ASSESSEE. THE SAME IS, ACCORD INGLY, DISMISSED. 7. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (N.K. BILLAIYA) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 9 TH JANUARY, 2020 * KAVITA ARORA, SR. P.S. COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A) / ITAT (DR)/GUARD FILE OF ITAT. BY ORDER ASSISTANT REGISTRAR, ITAT: DELHI BENCHES-DELHI