M/s. R & K Fair Deals PVt Ltd, Bellary V. Income Tax Officer, Ward-1, Bellary

ITA 2790/BANG/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5545 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 20-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHANKAR PRASAD K JDIT
• Keywords: Unexplained cash credit
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH SMC-A, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA NO.2790 (BANG) 2017 (ASSESSMENT YEAR : 2009 10) M/S. R & K FAIR DEALS PVT. LTD., SAI NIKETHAN, 1ST CROSS, 1 ST LINK ROAD, BASAVESHWAR NAGAR, BELLARY. PAN: AACCR9672C APPELLANT VS THE INCOME TAX OFFICER, WARD 1, BELLARY. RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI SHANKAR PRASAD K, JDIT DR DATE OF HEARING : 19-02-2018 DATE OF PRONOUNCEMENT : 23-02-2018 O R D E R PER A. K. GARODIA, A.M.: THIS APPEAL IS FILED BY THE ASSESSEE WHICH IS DIR ECTED AGAINST THE ORDER OF CIT (A) GULBARGA DATED 28.09.2017 FOR A. Y. 2009 10 . 2. THE ASSESSEE HAS RAISED AS MANY AS 7 GROUNDS AND HAS ALSO RAISED 4 ADDITIONAL GROUNDS. BUT THE EFFECTIVE GRIEVANCES AR E ONLY TWO. FIRST IS REGARDING VALIDITY OF REOPENING U/S 148 AND SECOND ISSUE IS R EGARDING ADDITION OF RS. 9 LACS U/S 68 AS UNEXPLAINED CASH CREDIT. 3. THIS APPEAL WAS FIXED FOR HEARING ON 19.02.2018 AND NOTICE OF HEARING WAS SENT TO THE ASSESSEE AT THE ADDRESS PROVIDED BY THE ASSE SSEE IN FORM NO. 36. THE NOTICE HAS COME BACK UNSERVED. THE ASSESSEE HAS NOT PROVIDED ANY OTHER ADDRESS ON WHICH THE NOTICE CAN BE SERVED ON THE AS SESSEE. UNDER THESE FACTS, THE APPEAL OF THE ASSESSEE WAS HEARD EX PARTE QUA T HE ASSESSEE. LEARNED DR OF THE REVENUE SUPPORTED THE ORDERS OF THE AUTHORIT IES BELOW. ITA NO. 2790(BANG)2017 2 4. I HAVE CONSIDERED THE SUBMISSIONS OF THE LEARNED DR OF THE REVENUE. I FIND THAT ONLY FIVE GROUNDS WERE RAISED BY THE ASSESSEE BEFOR E CIT (A) AS REPRODUCED BY HIM ON PAGE 2 OF HIS ORDER AND IT TALLIES WITH FORM 35 COPY FILED BEFORE THE TRIBUNAL. AS PER THESE GROUNDS, THE GRIEVANCE OF TH E ASSESSEE IS ONLY ABOUT VALIDITY OF REOPENING U/S 148 AND NO GROUND WAS RAI SED ON MERIT. THE GROUNDS RAISED BY THE ASSESSEE BEFORE CIT (A) WERE REJECTED BY HIM BY FOLLOWING THE JUDGMENT OF HONBLE DELHI HIGH COURT RENDERED IN TH E CASE OF CIT VS. M/S MULTIPLEX TRADING & INDUSTRIAL CO. LTD. AS REPORTED IN 378 ITR 351. IT IS ALSO NOTED BY CIT (A) IN HIS ORDER THAT HONBLE DELHI HI GH COURT IN THIS CASE HAS FOLLOWED THE JUDGMENT OF HONBLE APEX COURT RENDERE D IN THE CASE OF CIT VS. KELVINATOR OF INDIA LTD., 320 ITR 561 (SC). I FIND NO INFIRMITY IN THE ORDER OF CIT (A) ON THE ISSUE REGARDING VALIDITY OF REOPENING. T HE ISSUE ON MERIT DOES NOT ARISE OUT OF THE ORDER OF CIT (A) BECAUSE IT WAS NO T RAISED BEFORE CIT (A). HENCE THESE GROUNDS ON MERIT ARE REJECTED FOR THIS REASON THAT THESE GROUNDS DO NOT ARISE FROM THE ORDER OF CIT (A). 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- (A.K. GARODIA) ACCOUNTANT MEMBER BANGALORE D A T E D : 23.02.2018 /MS/ COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.