Dharamveer Singh , Noida V. DCIT, Central Circle , Noida

ITA 7642/DEL/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5911 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 03-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Income from undisclosed sources

Judgement Text

ITA NO.- 7642/DEL/2018 DHARA MVEER SINGH PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: B: NEW DELHI) (THROUGH VIDEO CONFERENCING) BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 7642/DEL/2018 ( ASSESSMENT YEAR: 2014-15) SH. DHARAMVEER SINGH B-42, SECTOR-56, NOIDA VS. DCIT, CENTRAL CIRCLE NOIDA APPELLANT RESPONDENT PAN NO: ANJPS9286Q ASSESSEE BY : NONE REVENUE BY : MS. NIDHI SRIVASTAVA, CIT-DR PER ANADEE NATH MISSHRA, AM (A) THIS APPEAL BY ASSESSEE IS FILED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-IV, KANPUR, [LD. CIT(A), FOR SHORT], DATED 04.10.2018 FOR ASSESSMENT YEAR 2014-15. GROUNDS TAKEN IN THIS APP EAL OF ASSESSEE ARE AS UNDER: 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE CIT(A) ERRED IN CONFIRMING ADDITION TO THE EXTENT OF RS. 4,10,97,21 0/- OUT OF ADDITION OF RS. 10,84,83,340/- MADE BY THE ASSESSING OFFICER ON ACC OUNT OF ALLEGED ITA NO.- 7642/DEL/2018 DHARA MVEER SINGH PAGE 2 OF 4 UNACCOUNTED INCOME/PROFIT FROM SALE OF SOIL. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THEN CIT(A) OUGHT TO HAVE D ELETED THE ENTIRE ADDITION OF RS. 10,84,83,340/- MADE BY THE ASSESSING OFFICER . 2. THE APPELLANT CRAVES LEAVE TO ADD ONE OR MORE GR OUND OF APPEAL OR TO ALTER / MODIFY THE EXISTING GROUND BEFORE OR AT THE TIME OF HEARING OF APPEAL. (B) AT THE TIME OF HEARING, WE TOOK NOTICE OF LETTER F ILED BY ASSESSEE SH. DHARAMVEER SINGH, INFORMING THAT HE HAS OPTED FOR THE DIRECT T AX VIVAD SE VISHWAS ACT, 2020 (VSVS, FOR SHORT); AND FURTHER, THAT DEPARTMENT HAS ACCEPT ED THE SAME. WE HAVE ALSO PERUSED FORM-3 DATED 12/04/2021, ISSUED BY THE DESIGNATED A UTHORITY UNDER THE AFORESAID VSVS, COPY WHEREOF WAS FILED BY THE ASSESSEE ALONGWITH TH E AFORESAID LETTER. IN THIS LETTER IT HAS BEEN INTIMATED FROM THE ASSESSEES SIDE THAT THE DE CLARATION FILED BY ASSESSEE UNDER VIVAD SE VISHWAS SCHEME, 2020 (VSVS, FOR SHORT) HAS BEE N ACCEPTED BY REVENUE; AND FURTHER, THAT FORM 3 HAS ALSO ALREADY BEEN ISSUED BY DESIGNA TED AUTHORITY. IN VIEW OF THIS, THE LEARNED SENIOR DEPARTMENTAL REPRESENTATIVE (LD. SR . DR, FOR SHORT) SUBMITTED BEFORE US THAT THIS APPEAL MAY BE TREATED AS WITHDRAWN, AND M AY BE DISMISSED ON ACCOUNT OF THE AFORESAID VSVS. AFTER DUE CONSIDERATION, AND IN VIE W OF THE FOREGOING; WE TREAT THIS APPEAL AS WITHDRAWN ON ACCOUNT OF THE AFORESAID VSVS. ACCO RDINGLY, THIS APPEAL IS DISMISSED. (B.1) BEFORE WE PART, WE HEREBY CLARIFY, BY WAY OF ABUNDA NT CAUTION, THAT IF THE DISPUTES UNDER THIS APPEAL ARE NOT FULLY SETTLE D UNDER VSVS, THEN THE ASSESSEE WILL BE AT LIBERTY TO APPROACH ITAT FOR RE STORATION OF THIS APPEAL IN ACCORDANCE WITH LAW. (C) IN THE RESULT, BOTH APPEALS ARE DISMISSED. ITA NO.- 7642/DEL/2018 DHARA MVEER SINGH PAGE 3 OF 4 THIS ORDER WAS ALREADY PRONOUNCED ON 15 TH SEPTEMBER, 2021 IN OPEN COURT, IN THE ABSENCE OF ANY REPRESENTATIVE FROM ASSESSEES S IDE, BUT IN THE PRESENCE OF LD. SR. DR; AFTER CONCLUSION OF THE HEARING. NOW, THIS WRITTEN ORDER IS SIGNED TODAY ON 16/09/2021. SD/- SD/- (KUL BHARAT) (ANADEE NATH M ISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 16/09/2021 *BINITA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI