Saleem Syed , Hyderabad V. Income Tax Officer, Ward-6(2), Hyderabad

ITA 374/Hyd/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7390 (ITAT-HYDERABAD)
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2014-2015
• Appeal Filed On: 20-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R S ARVINDAKSHAN
• Section: 143(3); 201; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A - SMC BENCH : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER ITA NO. 374 /HYD./201 9 ASSESSMENT YEAR: 20 1 4 - 15 SRI SALEEM SYED VS. ITO, WARD 6(2) C/O V. MADHUSUDAN PHANI HYDERABAD 6 - 2 - 27, 27A, 28, FLAT NO. 309 DOWNTOWN MALL LAKDIKAPUL HYDERABAD 500 004 PAN: BDUPS3966D (APPELLANT) (RESPONDENT) FOR ASSESSE E : NONE . FOR REVENUE : S H. R.S.ARVINDAKSHAN, D.R. DATE OF HEARING : 11 / 1 2 /19 DATE OF PRONOUNCEMENT : 31 / 01 / 20 O R D E R THIS IS ASSESSEES APPEAL FOR A.Y. 201 4 - 15 AGAINST THE ORDER OF LD.CIT(A) - 6, HYDERABAD DATED 26.02.19 FOR THE A.Y. 2014 - 15. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS AN INDIVIDUAL AND DID NOT FILE ANY RETURN OF INCOME FOR THE RELEVANT A.Y. OR EARLIER AYS. BASED ON AIR INFORMATION , THE ASSESSMENT WAS REOPENED BY ISSUANCE OF A NOTICE U/S 148 OF THE I.T. ACT, 1961 (THE ACT) IN RESPONSE TO WHICH , THE ASSESSEE FILED H IS RETURN OF INCOME ON 24.12.2017 ADMITTING TAXABLE INCOME OF RS.2,60,600/ - FROM COMMISSION INCOME. 2.1 . DURING THE ASSESSMENT PROCEEDINGS U/S 143(3) R.W.S.147 OF THE ACT , THE ASSESSEE WAS ASKED TO EXPLAIN THE NATURE OF BUSINESS ACTIVITY AND ALSO FU RNISH HIS BANK STATEMENTS. THE ASSESSEE SUBMITTED THAT HE IS ENGAGED IN CHIT BUSINESS AND COMMISSION EARNED OUT OF CHIT BUSINESS IS HIS SOURCE OF INCOME. WITH REGARD TO DEPOSITS INTO SAVINGS BANK A/C , IT WAS SUBMITTED THAT THEY ARE AMOUNTS RECEIVED THR OUGH CHIT BUSINESS AND HE HAD EARNED COMMISSION ITA NO.374/HYD/19 AY:2014 - 15 SH. SALEED SYED VS. ITO, WARD 6(2) 2 OF RS. 2,60,600/ - WHICH WAS ADMITTED IN THE RETURN OF INCOME. THE ASSESSEE WAS ASKED TO FURNISH THE DETAILS OF CHIT BUSINESS SUCH AS NUMBER OF PEOPLE INVOLVED IN THE CHITS, QUANTUM OF CHIT AMOUNT AND RECEIPT S RELEVANT TO IT ETC. SINCE THE ASSESSEE DID NOT FURNISH SUCH INFORMATION , THE AO TREATED THE ENTIRE DEPOSITS OF RS.35,85,400/ - AS UNEXPLAINED INCOME OF THE ASSESSEE AND BROUGHT IT TO TAX. 2. 2 . AGGRIEVED , THE ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT(A) BUT DID NOT APPEAR BEFORE HIM , DUE TO WHICH THE CIT(A) DISMISSED THE APPEAL. 2. 3 . AGAINST THE ORDER OF CIT(A) , ASSESSEE IS IN SECOND APPEAL BEFORE THE TRIBUNAL. 3. THE MATTER HAS BEEN COMING FOR H EARING BEFORE THE TRIBUNAL ON A NUMBER OF OCCASIONS AND THE APPEAL IS BEING ADJOURNED AT THE REQUEST OF THE ASSESSEE. ON 11.12.2019 WHEN THE CASE WAS CALLED FOR HEARING, NONE APPEARED FOR ASSESSEE. ON PERUSAL OF THE DOCKET ORDER, IT IS NOTICED THAT TH E APPEAL IS DEFECTIVE AND WHEN THE SAME WAS POINTED OUT TO THE LD.COUNSEL FOR THE ASSESSEE WHO APPEARED ON 12.7. 2019 , HE SOUGHT TIME FOR RECTIFICATION OF THE SAME. FURTHER ON 26.7.19, 14.8.19 AND 15.10.19 ALSO THE CASE HAS BEEN ADJOURNED AT THE REQUEST O F THE ASSESSEE FOR RECTIFICATION OF THE DEFECTS. HOWEVER, THE DEFECTS HAVE NOT YET BEEN RECTIFIED TILL DATE. SINCE THE ASSESSEE NEITHER APPEARED NOR RECTIFIED DEFECTS N OR FILED ANY INFORMATION TO SUBSTANTIATE ASSESSEES CLAIM OF DEPOSITS BEING COMMISSION INCOME, I DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE AO/CIT(A). ACCORDINGLY, ASSESSEES APPEAL IS DISMISSED. 4. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON 31 ST JANUARY, 2020 . SD/ - (P MADHAVI DEVI) JUDICIAL MEMBER DATED: 31 ST JANUARY, 202 0 . *GMV ITA NO.374/HYD/19 AY:2014 - 15 SH. SALEED SYED VS. ITO, WARD 6(2) 3 COPY FORWARDED TO: 1. SRI SALEEM SYED, C/O SRI V.MADHUSUDAN PHANI, 6 - 3 - 37, 27A, 28, FLAT NO.309, DOWNTOWN MALL, LAKDIKAPUR, HYDERABAD 500 004. 2. ITO, WARD 6(2), HYDERABAD 3. CIT(A) - 6 HYDERABAD 4. PR.CIT - 6, HYDERABAD 5. D.R. ITAT HYDERABAD 6 . GUARD FILE ITA NO.374/HYD/19 AY:2014 - 15 SH. SALEED SYED VS. ITO, WARD 6(2) 4 1. DRAFT DICTATED ON 28/01/20 2. DRAFT PLACED BEFORE THE AUTHOR 30 /01/20 3. DRAFT PLACED BEFORE THE SECOND MEMBER 4. DRAFT APPROVED BY SECOND MEMBER 5. APPROVED DRAFT COMES TO SRPS 6. KEPT FOR PRONOUNCEMENT 31/0 1/20 7. FILE SENT TO BENCH CLERK