V GO Motor Pvt. Ltd., Delhi V. ITO, Ward- 26(1), New Delhi

ITA 2675/DEL/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 5525 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2014-2015
• Appeal Filed On: 16-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Depreciation; Corroborative evidences
• Section: 69; 133(6); 69A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘F’ NEW DELHI BEFORE SHRI G.S. PANNU, HON’BLE PRESIDENT AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA No.2675/Del/2018 Assessment Year: 2014-15 V GO Motor Pvt. Ltd., E-1/4, Above Hero Motor Corp., Pandev Nagar, Patparganj, New Delhi Vs. ITO, Ward-26(1), New Delhi PAN :AAECV4135E (Appellant) (Respondent) ORDER PER SAKTIJIT DEY, JM: This is an appeal by the assessee against order dated 05.03.2018 of learned Commissioner of Income Tax (Appeals)-9, New Delhi, pertaining to assessment year 2014-15. 2. When the appeal was called for hearing, none appeared on behalf of the assessee. On perusal of record, it is noticed, the appeal was fixed for hearing on three occasions earlier, i.e., Appellant by None Respondent by Sh. Sandip Kumar Mishra, Sr.DR Date of hearing 22.03.2022 Date of pronouncement 31.03.2022 2 ITA No. 2675/Del/2018 AY: 2014-15 13.07.2021, 15.09.2021 and 15.11.2021. However, on each date of hearing, the assessee was absent. In fact, in spite of proceedings of the Bench dated 15 th November, 2021 and 13 th January, 2022, having been uploaded in the official website, the position did not improve and the assessee still remained absent. It is further evident, the notice of hearing sent to the assessee through speed post in the address for communication mentioned in Form No. 36 has returned back unserved with the postal remark “left”. Aforesaid events clearly establish the carelessness and lack of interest of the assessee in pursuing the appeal. 3. In view of the aforesaid, we proceed to dispose of the appeal ex-parte qua the assessee after hearing learned Departmental Representative and based on materials available on record. 4. We have heard learned Departmental Representative and perused the materials on record. The dispute in the present appeal is confined to disallowance of depreciation amounting to Rs.14,32,307/- 5. Briefly the facts are, assessee is a resident company. For the assessment year under dispute, the assessee filed its return of income on 17.09.2014 declaring income of Rs.7,29,260/-. In course of scrutiny assessment proceeding, the Assessing Officer 3 ITA No. 2675/Del/2018 AY: 2014-15 noticed that the assessee has shown addition to the fixed assets to the tune of Rs.4,08,77,164/-, primarily, on renovation of building and plant & machinery. Noticing the above, the Assessing Officer called upon the assessee to furnish details of additions made to assets along with bills and vouchers. After examining the details furnished by the assessee, the Assessing Officer, to verify the authenticity of the expenditure made towards renovation of building and plant & machinery, conducted inquiry by issuing notices under section 133(6) of the Act. As observed by the Assessing Officer, in some instances reply was received in response to notice issued under section 133(6) of the Act. In some instances, though, notices were served, however, there was no response. In many instances, the notices returned back unserved. In respect of purchases of Rs.80,39,761/- since the assessee could not furnish any cogent evidence, the Assessing Officer treated it as unexplained money under section 69A of the Act and added back to the income of the assessee. Additionally, he added back further sum of Rs.53,94,028 under section 69 of the Act doubting the genuineness of expenditure incurred on account of labour, local purchases and other payments. 4 ITA No. 2675/Del/2018 AY: 2014-15 6. Consequent to such additions, the Assessing Officer also disallowed the depreciation claimed of Rs. 14,32,307/-. Contesting the additions/disallowances made, the assessee preferred an appeal before learned Commissioner (Appeals). After considering the submissions of the assessee in the context of facts and materials on record, learned Commissioner (Appeals), having found that the expenditure incurred representing the additions made to the fixed assets were duly recorded in the books of account of the assessee, held that no addition can be made under section 69A or 69 of the Act. Thus, he deleted the addition of Rs.80,39,791/- and Rs.53,94,028/-. However, so far as the disallowance of depreciation of Rs.14,32,307/- is concerned, learned Commissioner (Appeals) upheld the disallowance. 7. On perusal of record, it is evident that the departmental authorities have given a concurrent finding that the assessee failed to furnish any cogent/supporting evidence to establish that it had actually incurred the expenditure towards purchase and renovation of fixed assets. Learned Commissioner (Appeals) deleted the addition made by the Assessing Officer on account of certain expenditure claimed to have been incurred by assessee 5 ITA No. 2675/Del/2018 AY: 2014-15 only for the reason that the provisions of section 69A cannot be invoked as such expenditure has been duly recorded in the books of account. However, fact remains, the assessee was unable to fully establish the incurring of part of the expenditure which was further compounded by non-response to the notices issued under section 133(6) of the Act. 8. In that view of the matter, we do not find any deficiency in the order of learned Commissioner (Appeals) in reducing the alleged expenditure of Rs.1,34,33,789/- from the value of fixed assets and consequently restricting the depreciation only to the extent of the reduced value fixed assets. The assessee has not furnished any material, even, before us to demonstrate that the purchases to the extent of Rs.1,34,33,789/- are genuine. In view of the aforesaid, we uphold the disallowance of depreciation of Rs.14,32,307/-. Grounds are dismissed. 9. In the result, the appeal is dismissed. Order pronounced in the open court on 31 st March, 2022 Sd/- Sd/- (G.S. PANNU) (SAKTIJIT DEY) PRESIDENT JUDICIAL MEMBER Dated: 31 st March, 2022. RK/- Copy forwarded to: 6 ITA No. 2675/Del/2018 AY: 2014-15 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi