Ankita Gupta, New Delhi V. ACIT Central Circle-5, New Delhi

ITA 686/DEL/2020

AI Insights

The case involves two appeals by Ankita Gupta against the orders of the Commissioner of Income-tax (Appeals)-24, New Delhi, for the assessment years 2016-17 and 2017-18. The appeals challenged additions made by the Assessing Officer concerning unexplained loans and assets, and car expenses and depreciation. However, the tribunal dismissed the appeals on procedural grounds, noting the absence of the appellant at the hearing, failure to serve notice, and lack of a condonation application for the delay in filing the appeals.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 112729 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-10-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 05-02-2020
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Depreciation
• Section: 69A

Judgement Text

1 ITA Nos. 686 & 687/Del/2020 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER ITA No. 686/DEL/2020 : (A.Y. 2016-17) AND ITA No. 687/DEL/2020 : (A.Y. 2017-18) Ankita Gupta, C-195, Opp. Mother Dairy Booth, Nirman Vihar, Vikas Marg, Delhi-110092. PAN- AIKPA8489R Vs ACIT, Central Circle-5, New Delhi. APPELLANT RESPONDENT Assessee represented by None Department represented by Sh. Zafarul Haque Tanweer, CIT(DR) Date of hearing 16.10.2023 Date of pronouncement 18.10.2023 O R D E R PER KUL BHARAT, JM: The captioned appeals, preferred by the assessee, are directed against separate orders, both dated 28.10.2019, passed by the learned Commissioner of Income-tax (Appeals)-24, New Delhi, pertaining to the assessment years 2016-17 & 2017-18. Both the appeals were heard together and are being disposed of by this common order for the sake of convenience. 2 ITA Nos. 686 & 687/Del/2020 2. Grounds of appeal taken by the assessee in respective assessment years are as under: ITA No. 686/Del/2020 (A.Y. 2016-17) : “1. On the facts and in the circumstances of the case and in law the Ld. CIT(Appeals) erred in confirming the addition of Rs. 5,20,000 /- made by the Assessing Officer on account of loan taken against pledge of silver treating the same as unexplained. 2. On the facts and in the circumstances of the case and in law the Ld. CIT (Appeals) erred in enhancing the income on following grounds - (i) Rs.28,62,350/- on account of gold bar treating the same as unexplained invoking section 69A r.w.s. 115BBE of the Act; (ii) Rs. 5,53,850/- on account of silver treating the same as unexplained invoking section 69A r.w.s. 115BBE of the Act; ITA No. 687/Del/2020 (A.Y. 2017-18) : “On the facts and in the circumstances of the case and in law the Ld. CIT (Appeals) erred in confirming the addition of Rs. 5,03,651 /- made by the Assessing Officer on account of car expenses and depreciation on ad hoc basis treating the same as perquisite in terms of section 28(iv) of the Act.” 3. No one appeared on behalf of the assessee at the hearing. The record reveals that the notices of hearing sent at the address furnished by the assessee in form no. 36, through RPAD, have been returned unserved with the remarks “no such person”. The notice sent through DR could not be served as the assessee had left the address given in form no. 36. The assessee has also not provided the changed address, if any. Therefore, we are constrained to take up the appeal for hearing in the absence of the assessee. 3 ITA Nos. 686 & 687/Del/2020 4. The office has reported that there is delay of 41 days in filing the present appeals. The assessee has not filed any application seeking condonation of delay. No one has even attended the proceedings despite various opportunities given to the assessee. Therefore, the present appeals filed by the assessee cannot be proceeded with, being barred by time, and are liable to be dismissed as defective. We order accordingly. 5. Appeals of the assessee in ITA nos. 686 & 687/Del/2020 stand dismissed. Order pronounced in open court on 18 th October, 2023. Sd/- Sd/- (M. BALAGANESH) (KUL BHARAT) ACCOUNTANT MEMBER JUDICIAL MEMBER *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI