M/s. Artica Forging & Tools Ltd., Delhi V. ACIT, Delhi

ITA 6566/DEL/2013

• Counselvise Citation: 656620114 RSA 2013
• Duration Of Justice: 1 year(s) 11 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-12-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 05-11-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 10-12-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R S NEGI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH D , NEW DELHI) BEFORE SHRI J. S. REDDY, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER I.T.A. NO. 6566/DEL/2013 ASSESSMENT YEAR : 2004-05 M/S. ARTICA FORGING & TOOLS LTD., VS. ACIT CIRCLE 14(1), B-24, SRI RAM ROAD, DELHI-110 092 CIVIL LINES, DELHI-110 054 GIR / PAN: AACCP7279H (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI R. S. NEGI, SR. DR DATE OF HEARING : 05.11.2015 DATE OF PRONOUNCEMENT : 08.12.2015 ORDER PER KULDIP SINGH, JM: THE APPELLANT M/S. ARTICA FORGING & TOOLS LTD., BY FILING THE PRESENT APPEAL, SOUGHT TO SET ASIDE THE IMPUGNED ORDER DATE D 12.09.2013 PASSED BY LD. CIT(A) XVII, DELHI QUA THE ASSESSMENT YEAR 2004 -05 ON THE GROUNDS INTER ALIA THAT:- 1. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE ACTION OF LD. OT(A) TO CONFIRM ORDER U/S.271(L)(C) LEVYING PENALTY OF RS.259,48,174/- IS ERRONEOUS, ARBITRARY AND BAD IN LAW. ITA NO.6566/DEL/2013 2 2. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE, LD CIT (A) HAS ERRED IN HOLDING THAT THE APPELLANT HAS CON CEALED INCOME AND THEREBY CONCLUDING THAT IT IS IMPLICIT IN THE WORD 'CONCEALED' THAT THERE HAS BEEN A DELIBERATE ACT ON THE PART OF THE ASSESSEE. THEREFORE THE LD. CIT (A) IS WRONG IN RELYING ON FOLLOWING JU DGEMENTS :- A) CIT-VS-GURBACHAN LAL2001 (DEL) B) B.A. BALA SUBRAMANIAM & BROS CO.-VS-CIT 236 ITR 977(SC) C) K'C. BUILDERS (SUPREME COURT) 3. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE, LD CIT(A) IN DISMISSING THE ASSESSEE'S APPEAL HAS ERRE D IN REFERRING THE DECISION IN THE CASE OF ZOOM COMMUNICATION (P) LTD. 191 TAXMAN 179 (DELHI). 4. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE, LD CIT(A) IS WRONG IN HOLDING THAT THE APPELLANT HAS F AILED TO PROVE THAT THERE IS NO FRAUD OR NEGLECT IN FILING ITS RETURNED INCOME BY RELYING ON THE DECISION IN K.P. MADHUSUDAN -VS. ERR 118 TAXMAN 324 (SC). 2. IN THE PRESENT APPEAL, NOTICE WAS SENT THROUGH R PAD TO THE ASSESSEE FOR HEARING ON 01.09.2015. BUT DUE TO NON APPEARANC E OF THE ASSESSEE, THE CASE WAS ADJOURNED TO 05.11.2015 IN ORDER TO GIVE O NE MORE OPPORTUNITY BUT THE APPELLANT HAS NOT PREFERRED TO PUT IN HIS APPEA RANCE HIMSELF OR THROUGH HIS AUTHORIZED REPRESENTATIVE NOR SENT ANY REQUEST FOR ADJOURNMENT. SO, IT IS APPARENT ON RECORD THAT THE APPELLANT IS NOT INTERE STED IN PROSECUTION OF THE PRESENT APPEAL. 3. KEEPING IN VIEW THE LEGAL POSITION THAT MERE ISS UANCE OF NOTICE DOES NOT AMOUNT TO ADMISSION OF APPEAL AND THIS ISSUE HA S BEEN SQUARELY DECIDED BY HONBLE ITAT IN THE CASE OF CIT VS. MULTIPLAN (I NDIA) PVT. LTD. 38 ITD 320 (DEL.), THE PRESENT APPEAL IS HEREBY DISMISSED FOR WANT OF PROSECUTION WITH LIBERTY TO THE ASSESSEE TO FILE AN APPLICATION TO RECALL THE ORDER SUBJECT TO ITA NO.6566/DEL/2013 3 DEMONSTRATE THAT HE WAS PREVENTED BY SUFFICIENT CAU SE FROM PUTTING HIS APPEARANCE AT THE TIME OF HEARING. 5. IN VIEW OF ABOVE, APPEAL FILED BY ASSESSEE IS D ISMISSED AS UNADMITTED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON 08 TH DEC., 2015. SD./- SD./- ( J.S. REDDY) (KULDIP SING H) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE:08 TH DEC., 2015 SP COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT (A)-, NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DEL HI. TRUE COPY. BY ORDER (ITAT, NEW DELHI). S.NO. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 1/12 SR. PS/PS 2 DRAFT PLACED BEFORE AUTHOR 1,1,2/12 SR. PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/AM 5 APPROVED DRAFT COMES TO THE SR. PS/PS 8/12/15 SR. PS/PS 6 KEPT FOR PRONOUNCEMENT 8/12 SR. PS/PS 7 FILE SENT TO BENCH CLERK 8/12 SR. PS/PS 8 DATE ON WHICH THE FILE GOES TO HEAD CLERK 9 DATE ON WHICH FILE GOES TO A.R. 10 DATE OF DISPATCH OF ORDER