MADHUR JAIN legal heir of Rakesh Jain, New Delhi V. ITO, WARD- 63(2), NEW DELHI

ITA 5681/DEL/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3026 (ITAT-DELHI)
• Duration Of Justice: 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 04-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Section: 133A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.5681/DEL./2018 ASSESSMENT YEAR 2014-2015 SHRI MADHUR JAIN, LEGAL HEIR OF HIS FATHER RAKESH JAIN, 33, DEPUTY GANJ, SADAR BAZAR, DELHI110006. PAN AAHPJ8586D VS. THE INCOME TAX OFFICER, WARD-63(2), NEW DELHI. (APPELLANT) (RESPONDENT) FOR ASSESSEE : -NONE- FOR REVENUE : SHRI S.L. ANURAGI, SR. D.R. DATE OF HEARING : 27.02.2019 DATE OF PRONOUNCEMENT : 05.03.2019 ORDER THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF LD. CIT(A)-20, NEW DELHI, DATED 29 TH JUNE, 2018 FOR THE ASSESSMENT YEAR 2014-2015. 2. THE ASSESSEE HAS BEEN NOTIFIED THE DATE OF HEARING THROUGH REGISTERED POST. HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE. THE LD. D.R. CONTENDED THAT IN THIS CASE SURVEY WAS CONDUCTED UNDER SECTION 133A OF THE INCOME TAX ACT, 1961 AND DIFFERENCE IN THE STOCK WAS FOUND 2 ITA.NO.5681/DEL./2018 SHRI MADHUR JAIN, NEW DELHI. WHICH RESULTED INTO THE ADDITION. THE LD. D.R. ALSO CONTENDED THAT ASSESSEE FAILED TO RECONCILE THE SAME DIFFERENCES. THEREFORE, APPEAL OF ASSESSEE HAS NO MERIT. 3. CONSIDERING THE SUBMISSIONS OF THE LD. D.R, I AM OF THE VIEW THAT ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL AND IS UNABLE TO RECONCILE THE DIFFERENCE. THEREFORE, APPEAL OF ASSESSEE IS LIABLE TO BE DISMISSED. 4. IN VIEW OF THE ABOVE AND HAVING REGARD TO RULE 19(2) OF INCOME TAX APPELLATE TRIBUNAL RULES AND FOLLOWING VARIOUS DECISIONS OF DELHI BENCH OF THE TRIBUNAL INCLUDING THAT OF MULTIPLAN INDIA LTD., 38 ITD 320 (DEL.); HONBLE MADHYA PRADESH HIGH COURT DECISION IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT 223 ITR 480 (MP), AND ALSO THE DECISION OF HON'BLE SUPREME COURT IN THE CASE OF CIT VS. B. BHATTACHARGEE & ANOTHER (118 ITR 461 AT PAGE 477-478) WHEREIN THEIR LORDSHIPS HELD THAT THE APPEAL DOES NOT MEAN, MERE FILING OF THE MEMO OF APPEAL BUT EFFECTIVELY PURSUING THE SAME. IN VIEW OF THE ABOVE, RESPECTFULLY FOLLOWING THE AFORECITED DECISIONS, WE DISMISS THE APPEAL OF THE ASSESSEE AS UN-ADMITTED. 3 ITA.NO.5681/DEL./2018 SHRI MADHUR JAIN, NEW DELHI. 5. IN THE RESULT, APPEAL OF THE ASSESSEE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DELHI, DATED 05 TH MARCH, 2019 VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.