P.SRINIVASAN, CHENNAI V. DCIT CENTRAL CIRCLE II(2), CHENNAI

ITA 291/CHNY/2003

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8787 (ITAT-CHENNAI)
• Duration Of Justice: 16 year(s) 7 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 1999-2000
• Appeal Filed On: 13-02-2003
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D DIVAHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , , ' BEFORE SHRI GEORGE MATHAN , JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NO.291/CHNY/2003 /ASSESSMENT YEAR: 1999-2000 SHRI P.SRINIVASAN , 110,POONAMALLEE HIGH ROAD, VELAPPANCHAVADI,CHENNAI 77. VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II(2), CHENNAI-34. [ PAN: ABEPS 3121 R/703 S ] ( ) /APPELLANT) ( *+) /RESPONDENT) ) , / APPELLANT BY : NONE *+) , /RESPONDENT BY : MR.D.DIVAHAR, JCIT, D.R , /DATE OF HEARING : 17.09.2019 , /DATE OF PRONOUNCEMENT : 17.09.2019 / O R D E R PER GEORGE MATHAN , JUDICIAL MEMBER : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-II, CHENNAI I N IT APPEAL NO.100/2002- 03 DATED 30.10.2002 FOR THE ASSESSMENT YEAR 1999 -2000. 2. NONE REPRESENTED ON BEHALF OF THE ASSESSEE AND MR.D.DIVAHAR REPRESENTED ON BEHALF OF THE REVENUE. ITA NO.291/CHNY/2003 :- 2 -: 3. THIS APPEAL WAS FILED BY THE ASSESSEE ON 13.02 .2003 AND STAY PETITION NO.365/MDS./2003 WAS FILED BY THE ASSESSEE ON 09.10.2003 BEFORE THIS TRIBUNAL. THE STAY PETITION WAS POSTED ON VARIOUS DATES AND SUBSEQUENTLY THE ASSESSEE WAS GRANTED EARLY HEARING AND STAY PETITION HAD BEEN DISMISSED. THE ASSESSEE HAD FILED WRIT PET ITION BEFORE THE HONBLE JURISDICTIONAL HIGH COURT OF MADRAS AGAINST THE ORDER OF THE TRIBUNAL IN THE STAY PETITION AND VIDE ORDER DATED 09.12.2003 AND THE HONBLE HIGH COURT OF MADRAS HAD CALLED FOR THE ORI GINAL RECORDS. THE HONBLE HIGH COURT OF MADRAS VIDE ORDER DATED 19.07 .2017 HAD CLOSED THE WRIT PETITION BY GIVING LIBERTY TO THE PETITIONER T O WORK-OUT HIS REMEDIES ON MERITS IN ACCORDANCE WITH LAW, IF STILL NEED ARISES . THIS WAS IN RESPECT OF THE STAY PETITION. THE APPEAL FILE FOLDER ALSO CAME TO BE RETURNED TO THE TRIBUNAL. 3.1 THE APPEAL HAD BEEN POSED FOR HEARING BY ISSUA NCE OF NOTICE, ON 16.09.2019 AND THE ACKNOWLEDGEMENT OF SERVICE IS AL SO AVAILABLE. AS NONE REPRESENTED ON 16.09.2019, THE APPEAL WAS POSTED FO R HEARING ON 17.09.2019. EVEN TODAY, WHEN THE MATTER CAME FOR HE ARING, NONE REPRESENTED. CONSEQUENTLY, THE APPEAL OF ASSESSEE I S BEING DISPOSED OFF ON MERITS. 4. THE ONLY ISSUE IN THE ASSESSEES APPEAL IS AGAI NST THE EXPARTE ASSESSMENT DONE AND THE ACTION OF THE ASSESSING OFF ICER IN TREATING THE LOAN OF RS.70,000/- RECEIVED FROM VARIOUS CREDITORS AS NOT GENUINE, ALSO THE ADDITION OF RS.1,94,700/- TREATED AS UNDISCLOSE D INCOME OF ASSESSEE. ITA NO.291/CHNY/2003 :- 3 -: 5. WE HAVE HEARD THE SUBMISSIONS OF LD.DR, AND PER USED THE MATERIAL AVAILABLE ON RECORD. A PERUSAL OF THE ORDER OF THE LD. CIT(A) SHOWS THAT THE ASSESSEE HAS CHALLENGED THE ACTION OF THE ASSESSING OFFICER BY SAYING THAT ADEQUATE OPPORTUNITY HAD NOT BEEN GIVEN. THE LD.CIT (A) ALSO VERIFIED THE RECORDS AND HAS HELD THAT ADEQUATE OPPORTUNITY HAD BEEN GIVEN TO THE ASSESSEE. IT IS NOTICED THAT BEFORE THE ASSESSING O FFICER, NOR BEFORE THE LD.CIT(A), NOR BEFORE US, THE ASSESSEE HAS PRODUCED ANY EVIDENCE TO REBUT THE ADDITIONS MADE BY THE ASSESSING OFFICER. THIS B EING SO, IN THE ABSENCE OF ANY EVIDENCE BEING PRODUCED, THE FINDINGS OF THE LD.CIT(A) ON THIS ISSUE IS FOUND TO BE ON THE RIGHT FOOTING AND CONSEQUENTL Y, THE APPEAL OF ASSESSEE STANDS DISMISSED. 6. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSIO N OF HEARING ON THE 17 TH SEPTEMBER, 2019 IN CHENNAI. SD/- SD/- ( ) ( INTURI RAMA RAO ) /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) /JUDICIAL MEMBER /CHENNAI, 3 /DATED: 17 TH SEPTEMBER, 2019. K S SUNDRAM , *45 65 / COPY TO: 1 . ) / APPELLANT 3. 7 () / CIT(A) 5. 5 * / DR 2. *+) / RESPONDENT 4. 7 / CIT 6. / GF