Kasiraj Rengappa, Tamilnadu V. ITO,WARD INT. TAX 1(1)(1), Delhi

ITA 414/DEL/2022

• Counselvise Citation: [2023] 101 COUNSELVISE.COM (IT) 9836 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 13-11-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 27-02-2022
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Additional evidence
• Section: 69A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘D’ NEW DELHI BEFORE SHRI SAKTIJIT DEY, VICE-PRESIDENT AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER ITA No.414/Del/2022 Assessment Year: 2017-18 Kasiraj Rengappa, 3/226,Navaneethakrishnapuram, Sevalkulam, Tirunelveli-627754, Tamilnadu Vs. Income Tax Officer, Ward- Intl. Tax-1(1)(1), New Delhi PAN :BRJPR2094A (Appellant) (Respondent) ORDER PER SAKTIJIT DEY, V.P. This is an appeal by the assessee against order dated 29.12.2021 of learned Commissioner of Income Tax (Appeals)-42, Delhi, for the assessment year 2017-18. 2. On perusal of record, it is observed that this appeal has been listed on multiple occasions since 5 th September, 2022. Assessee by None Department by Sh. Sanjay Kumar, Sr. DR Date of hearing 14.11.2023 Date of pronouncement 29.11.2023 ITA No.414/Del/2022 AY: 2017-18 2 | P a g e However, not even on a single date, the assessee had appeared. Even, when the appeal was called out today, none appeared on behalf of the assessee. On perusal of record, it is further observed that several attempts have been made by the Registry of this office to serve notice on the assessee, but all the attempts went in vain as the assessee was not found at the address given in memorandum of appeal. Even till date, the assessee has not cared to inquire about the status of the appeal filed by him. The aforesaid conduct of the assessee indicates that, he lacks seriousness in pursuing the present appeal. Thus, due to repeated default of the assessee in appearing before us, we are constrained to decide the appeal ex-parte qua the assessee after hearing learned Departmental Representative and based on materials available on record. 3. Though, the assessee has raised multiple grounds, however, the core issue arising in the appeal relates to the addition made of Rs.22,50,000/- under section 69A of the Income-tax Act, 1961 (in short ‘the Act’). 4. Briefly the facts are, the assessee had filed return of income on 17.03.2018 declaring income of Rs.85,320/-. In course of assessment proceedings, the Assessing Officer observed that in ITA No.414/Del/2022 AY: 2017-18 3 | P a g e several bank accounts of the assessee held in India, an amount of Rs. 22,50,000/- has been deposited in cash during demonetization period. Therefore, he called upon the assessee to explain the source of such deposits. Though, the assessee replied to the show-cause notice issued by the Assessing Officer, however, the Assessing Officer was not convinced with the same. Ultimately, he completed the assessment by adding back the amount of Rs. 22,50,000/- to the income of the assessee. The assessee contested the aforesaid addition before first appellate authority. Before the learned first appellate authority, the assessee furnished certain additional evidences, which were not entertained by him. Ultimately, assessee’s appeal was dismissed by sustaining the addition of Rs.22,50,000/-. 5. Before us, neither the assessee has appeared, nor furnished any supporting evidences to prove the source of cash deposits during the demonetization period. Even, assessee’s explanations before the departmental authorities were unsatisfactory. Thus, in absence of any cogent evidence furnished by the assessee to explain the source of demonetized cash deposit, we do not find any reason to interfere with the decision of learned first appellate authority. Grounds are dismissed. ITA No.414/Del/2022 AY: 2017-18 4 | P a g e 6. In the result, appeal is dismissed. Order pronounced in the open court on 29 th November, 2023 Sd/- Sd/- (M. BALAGANESH) (SAKTIJIT DEY) ACCOUNTANT MEMBER VICE-PRESIDENT Dated: 29 th November, 2023. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi