Shree Yugal Jodi Securities Pvt. Ltd, New Delhi V. ACIT-circle-23(1), New Delhi

ITA 3805/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 1402 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-05-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 29-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 147; 143(3)

Judgement Text

1 ITA no. 3805/Del/2019 Shree Yugal Jodi Securities Ltd. Vs. ACIT IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “SMC”: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER ITA No. _3805/DEL/2019 [Assessment Year: 2010-11 Shree Yugal Jodi Securities Pvt. Ltd., 2402 (GF), Hudson Line, Mall Road, New Delhi. PAN- AAhCS5712R Vs ACIT, Circle-23(1), New Delhi. APPELLANT RESPONDENT Appellant by None Respondent by Sh. Om Prakash, Sr. DR Date of hearing 11.05.2022 Date of pronouncement 24.05.2022 O R D E R PER KUL BHARAT, JM: This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax (Appeals)-XXV, New Delhi, dated 25.02.2019, pertaining to the assessment year 2010-11. 2. Facts, in brief, are that for the assessment year 2010-11 the assessee company filed its return of income declaring a total income of Rs. 4,43,386/-, which was processed u/s 143 (1) of the Income Tax Act, 1961 (“the Act”), accepting the returned income. Subsequently, on the basis of information received from investigation Wing, Ahmedabad, the case was reopened U/s 147 of the Act and vide order dated 28.12.2017 passed u/s 143(3) read with section 147 of the Act, the Assessing Officer assessed the assessee’s income at Rs. 5,66,831/- by 2 ITA no. 3805/Del/2019 Shree Yugal Jodi Securities Ltd. Vs. ACIT making addition of Rs. 1,23,445/- on account of client code modification (CCM) in trades (Rs. 1,21,025+Rs.2,420/-). Aggrieved against it the assessee preferred appeal before the learned CIT(Appeals), who after considering the submissions dismissed the assessee’s appeal by upholding the order of the Assessing Officer and. Aggrieved against the order of learned CIT(Appeals), the assessee is in appeal before this Tribunal. 3. At the time of hearing no one attended the proceedings. It is seen from the record that despite having been given opportunity, the assessee has not been attending the proceedings since 04.01.2021. Notices of hearing sent through speed post have been returned unserved by the postal authorities with remarks “left without address”. The assessee has not provided any fresh address to the Registry. Therefore, the appeal of the assessee is taken up for hearing in the absence of the assessee and being decided on the basis of material placed on record. 4. At the outset, learned DR has taken strong objection regarding the admission of the appeal. He drew my attention to the grounds of appeal filed by the assessee and submitted that therein the assessee has raised only the arguments and is not in accordance with prescribed rules. 5. I have heard learned DR. I find merit in the contention of the learned DR that the grounds of appeal filed by the assessee are not in accordance with rules prescribed in this regard. It is seen that the assessee has raised arguments only, which run into 4 pages, without any effective ground of appeal. The assessee has not modified the grounds, even did not appear before the Tribunal to represent his case. Therefore, under these facts, the appeal of the assessee is liable to be dismissed in limine, being the grounds of appeal not in accordance with prescribed rules. However, the assessee would be at liberty to approach the Tribunal and after 3 ITA no. 3805/Del/2019 Shree Yugal Jodi Securities Ltd. Vs. ACIT curing the defect as pointed out by the learned DR may seek recalling of the order for decision on merit. 6. Assessee’s appeal is dismissed in limine. Order pronounced in open court on 24 th may, 2022. Sd/- (KUL BHARAT) JUDICIAL MEMBER *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Draft dictated 23.05.2022 Draft placed before author 23.05.2022 Approved Draft comes to the Sr. PS/PS Order signed and pronounced on File comes to P.S. File sent to the Bench Clerk Date on which file goes to the AR Date on which file goes to the Head Clerk Date of dispatch of Order Date of uploading on the website