M/s. Smasher Advertise Pvt. Ltd., New Delhi V. ACIT, New Delhi

ITA 2776/DEL/2017

AI Insights

The case involves M/s. Smasher Advertise Pvt. Ltd., the appellant, who appealed against the order of the Commissioner of Income Tax (Appeals)-31, New Delhi, which was itself an appeal against the assessment order passed by the Assistant Commissioner of Income Tax, CC-28, New Delhi. The assessment order, dated 31.03.2016, was based on the reopening of the case concerning accommodation entries. The primary legal issue was whether the assessee could substantiate the identity and creditworthiness of these entries as required under Section 68 of the Income Tax Act, 1961. The Tribunal noted the repeated non-appearance of the assessee despite multiple summons and upheld the decision of the lower tax authorities.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 115660 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 24-05-2023
• Assessment Year: 2008-2009
• Appeal Filed On: 03-05-2017
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Accommodation entries
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘G’ : NEW DELHI) BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.2776/Del/2017 (Assessment Year : 2008-09) M/s. Smasher Advertise Pvt. Ltd. 108, M J Shopping Centre, Veer Shavarkar Block, Shakarpur, New Delhi 110092 Vs. ACIT Central Circle-28 New Delhi (APPELLANT) (RESPONDENT) Assessee by None Revenue by Shri B.M.Singh, Sr. DR Date of hearing: 25.05.2023 Date of Pronouncement: 29.05.2023 ORDER PER ANUBHAV SHARMA, JM: The Assessee has come in appeal against the appellate order dated 15.02.2017 of Commissioner of Income Tax (Appeals)- 31,New Delhi,in appeal no. 153/2016-17 for Assessment Year 2008-09whereby the appeal of the assessee against assessment order u/s 143(3)/r.w.s.147 of the Income Tax Act, 1961 dated 31.03.2016 passed by Asstt. Commissioner of Income Tax, CC-28, New Delhi (hereinafter referred as the Ld. AO). 2. Heard and perused the record. ITA 2776.Del.2017 Smasher Advertise P. Ltd. 2 3. As the case was called for hearing, non-appeared for the assessee and the record shows assessee has been repeatedly served by all possible means but not appearing. Ld. DR has pointed out that earlier report was sought in regard to the reasons recorded. 4. After considering the orders of Ld. Tax Authorities below it can be appreciated that additions have been made in regard to accommodation entries for which matter was reopened. Additional evidence filed was supplied to the assessing officer and remand report was called. 5. Ld. CIT(A) has duly taken into consideration the fact that assessee failed to discharge the burden as per Section 68 of the Act to establish identity and creditworthiness. There is no material or submission on record to make a different opinion. Findings of Ld. Tax Authorities below are sustained and the appeal of assessee is dismissed. Order pronounced in the open court on 29 th May, 2023. Sd/- Sd/- (ANIL CHATURVEDI) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 29/05/2023 *Binita* Copy forwarded to: - 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT By Order Assistant Registrar, ITAT, Delhi