M/s Sampann Overseas Pvt. Ltd., Kanpur V. Dy. Commissioner of Income Tax, Kanpur

ITA 715/LKW/2013

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 6552 (ITAT-LUCKNOW)
• Duration Of Justice: 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-05-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 07-05-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 21-10-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P K DEY
• Keywords: Unexplained cash credit

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B , LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI. A. K. GARODIA , ACCOUNTANT MEMBER ITA NO. 715/LKW/2013 ASSESSMENT YEAR: 2007 - 08 M/S SAMPANN OVERSEAS PVT. LTD. G - 51, INDUSTRIAL AREA KANPUR DEHAT V. DY. CIT RANGE VI KANPUR PAN: AAECS7686K (APP ELL ANT) (RESPONDENT) APP ELL ANT BY: NONE RESPONDENT BY: SHRI. P. K. DEY, D.R. DATE OF HEARING: 07 05 2014 DATE OF PRONOUNCEMENT: 12 05 2014 O R D E R PER SUNIL KUMAR YADAV: THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) ON VARIOUS GROUNDS, WHICH ARE AS UNDER: - 1 . THAT ID. CIT (A) HAS ERRED IN REJECTING GROUND RELATING TO ADDITION ON ACCOUNT OF UNEXPLAINED CASH CREDIT FROM M/S. RADHA KRI SHNA INDUSTRIES ( P) LTD. AT RS. 7500000.00 AND FROM M/S. RE LIABLE PROFILES (P) LTD. AT RS. 2221000.00 TOTALING TO RS. 9721000.00 U/S 68, WHEN ENTIRE CASE HAS BEEN EXPLAINED TO HIM AND CONFIRMATION HAS BEEN FURNISHED TO HIM. 2 . THAT ID. CIT (A) HAS ERRED NOT ALLOWING THE CONFIRM ATION OF UNSECURED LENDERS AS EVIDENCE AND IN HOLDING THAT ASSESSEE HAS FAILED TO PROVE CREDITWORTHINESS OF THE CREDITORS. 3 . THAT STATEMENT OF FACTS AND SUBMISSIONS OF THE ASSESSEE BEFORE ID. A O MAY BE TREATED AS PART OF THESE GROUNDS OF APPEAL. PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 2 - : 2 . THIS APPE AL IS LISTED FOR HEARING ON 7.5.2014, BUT NONE APPEARED ON BEHALF OF THE ASSESSEE. ON A CAREFUL PERUSAL OF RECORD, WE FIND THAT THIS APPEAL WAS FILED BY THE ASSESSEE ON 20.10.2013 AND IT WAS NOTICED BY THE REGISTRY THAT THE ORIGINAL CHALLAN FOR PAYMENT OF TRIBUNAL FEE IS NOT FILED ALONG WITH THE APPEAL. THE REGISTRY ACCORDINGLY ISSUED DEFECT MEMO TO THE ASSESSEE AND FIXED THE DATE OF HEARING ON 26.2.2014. INSTEAD OF REMOVING THE DEFECT AND FILING THE CHALLAN FOR PAYMENT OF TRIBUNAL FEE , THE ASSESSEE SOUG HT ADJOURNMENT WHICH WAS GRANTED AND HEARING WAS ADJOURNED TO 7.5.2014. AGAIN ON 7.5.2014 THE ASSESSEE HAS MOVED AN APPLICATION FOR ADJOURNMENT INSTEAD OF REMOVING THE DEFECT POINTED OUT BY THE REGISTRY FOR DEPOSIT OF THE TRIBUNAL FEE. SINCE THE REGISTRY HAS SPECIFICALLY ASKED THE ASSESSEE TO PAY THE TRIBUNAL FEE , BUT IT WAS NOT PAID DESPITE REPEATED REMINDERS . T HEREFORE, IN THE ABSENCE OF TRIBUNAL FEE THE APPEAL OF THE ASSESSEE CANNOT BE ADMITTED FOR HEARING. ACCORDINGLY WE DISMISS THE SAME BEING NOT A DMITTED ON ACCOUNT OF DEFICIENCY IN TRIBUNAL FEE. 3 . IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12.5.2014. S D/ - S D/ - [ A. K. GARODIA ] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12 TH MAY , 2014 JJ: 0705 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ )