Sh. Balwant Singh Bindra, New Delhi V. ITO, New Delhi

ITA 4495/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7059 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 23-08-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Assessee Lawyers: V RAJ KUMAR
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES A : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA.NO.4495/DEL./2016 ASSESSMENT YEAR 2010-2011 SHRI BALWANT SINGH BINDRA, PROP. M/S. BINDRA TYRES, SHOP NO.178, JANTA MARKET, RANI JHANSI ROAD, JHANDEWALAN, NEW DELHI-55 PAN ACIPB5134E VS. THE INCOME TAX OFFICER, WARD 63 (4), NEW DELHI. (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI K. SAMPATH, ADVOCATE AND SHRI V. RAJKUMAR, ADVOCATE FOR REVENUE : SHRI S.L. ANURAGI, SR. D.R. DATE OF HEARING : 05 .0 2 .20 20 DATE OF PRONOUNCEMENT : 05 .0 2 .20 20 ORDER PER BHAVNESH SAINI, J.M. THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-20, NEW DELHI, DATED 21.06.2016, FOR THE A.Y. 2010-2011, CHALLENGING THE REOPENING OF THE ASSESSMENT AND ADDITION OF RS.6 LAKHS ON ACCOUNT OF CASH DEPOSITS. 2 ITA.NO.4495/DEL./2016 SHRI BALWANT SINGH BINDRA, NEW DELHI. 2. THE A.O. IN THE ASSESSMENT ORDER HAS REPRODUCED THE STATEMENT OF ASSESSEE IN WHICH ASSESSEE HAS AGREED THAT HE HAS DEPOSITED RS.6 LAKHS IN CASH IN HIS OWN ACCOUNT WHICH IS NOT DECLARED IN THE RETURN OF INCOME. THE ASSESSEE ACCEPTED THAT THIS AMOUNT IS FROM HIS UNDISCLOSED INCOME FOR THE YEAR UNDER APPEAL. THE A.O. IN THE ABSENCE OF ANY EVIDENCE ON RECORD AND STATEMENT OF ASSESSEE, MADE THE ADDITION OF RS.6 LAKHS UNDER SECTION 68 OF THE I.T. ACT, 1961. THE LD. CIT(A) CONFIRMED THE ADDITION AND DISMISSED THE APPEAL OF ASSESSEE. 3. LEARNED COUNSEL FOR THE ASSESSEE SEEKS PERMISSION TO WITHDRAW THE APPEAL AND AN ENDORSEMENT IS MADE ON THE APPEAL PAPER. 4. IN VIEW OF THE FACTS OF THE CASE AND STATEMENT OF COUNSEL FOR ASSESSEE, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, APPEAL OF ASSESSEE DISMISSED. 3 ITA.NO.4495/DEL./2016 SHRI BALWANT SINGH BINDRA, NEW DELHI. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (R.K. PANDA) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 05 TH FEBRUARY, 2020 VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT A BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.