Giza Builders & Developers Pvt. Ltd., New Delhi V. ITO, Ward- 11(2), New Delhi

ITA 7274/DEL/2018

AI Insights

The case involves Giza Builders & Developers Pvt. Ltd., which appealed against the order of the CIT(Appeals)-35, New Delhi, concerning the assessment year 2009-10. The primary grievances included the validity of the appellate order against a non-existent entity, the assumption of jurisdiction under section 147 of the Income Tax Act, and the addition of Rs. 50,16,875 under section 40(a)(i) of the Act. The Tribunal noted the assessee's non-compliance with procedural requirements and their failure to appear in multiple hearings, leading to the decision to dismiss the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 114058 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 28-08-2023
• Assessment Year: 2009-2010
• Appeal Filed On: 14-11-2018
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MUNESH RAJANI
• Keywords: TDS
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘C’: NEW DELHI) BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT JUDICIAL MEMBER ITA No:- 7274/Del/2018 ( Assessment Year: 2009-10) Giza Builders & Developers Pvt. Ltd., (Now merged with M/s Karida Real Estates Pvt. Ltd.), Seating 4, Unit No. 119, first Floor, Vardhman Star City Mall, Sector-7, Dwarka, New Delhi- 110075. Vs. Income Tax Officer, Ward-11(2), CR Building, New Delhi. PAN No: AACCG7585M APPELLANT RESPONDENT Assessee by : None Revenue by : Shri Munesh Rajani, Sr. DR Date of Hearing : 29.08.2023 Date of Pronouncement : 29.08.2023 ORDER PER N.K. BILLAIYA, AM This appeal by the Assessee preferred against the order of the CIT(Appeals)-35, New Delhi, dated 29.08.2018 pertaining to AY 2009-10. Grievance of the assessee reads as under: “1. That on facts and in the circumstances of the case and in law, the impugned Appellate order dated 29.08.2018 u/s 250(6) of the Act of Ld. CIT(A), is void ab-initio as it has been framed on a non-existent entity. Accordingly, the impugned appellate order deserves to be quashed. ITA No.- 7274/Del/2018 Giza Builders & Developers Pvt. Ltd. Page 2 of 3 2. That on facts and in the circumstances of the case, the Ld. CIT(A) erred in upholding the action of the AO in assuming jurisdiction u/s 147 of the Act. 3. That on facts and in the circumstances of the case, the Ld. CIT(A) erred in upholding the order of the AO in making addition of Rs. 50,16,875/- by invoking the provision of section 40(a)(i) of the Act, ignoring the fact that the land purchased physically exists and TDS on the said amount had duly been deposited by the appellant. 4. That without prejudice to Ground No. 3, on facts and in the circumstances of the appellant’s case, the Ld. CIT(A) as well as AO has failed to consider the appreciate that purchases during the year have no impact on appellant’s profit liable to tax, as the entire purchases from part of closing stock of the appellant at the year end.” 2. This appeal was first listed for hearing on 13.12.2021, on which date the appeal was adjourned. Since then, the appeal was listed for hearing several times with notice to the assessee every time, yet the assessee chose not to attend the proceedings. Even today none appeared on behalf of the assessee, therefore, we decided to proceed exparte. The DR was heard at length. The case was carefully perused. 3. We find that the assessee has opted for Vivad-Se-Vishwas Scheme to settle the dispute but did not deposit the tax as per the relevant provision of the Act. 4. Since the assessee is not choosing to respond, therefore, we are left for no choice but to dismiss the appeal. 5. In the result, appeal of the assessee is dismissed. Order pronounced in the Open Court on 29.08.2023 Sd/- Sd/- (KUL BHARAT) (N.K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER ITA No.- 7274/Del/2018 Giza Builders & Developers Pvt. Ltd. Page 3 of 3 Dated: 29/08/2023. Pooja/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation 29.08.2023 Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr. PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr. PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order