Vijaynarayan Rameshkumar Jaju, Ahmedabad V. The DCIT, Central Circle-1(4), Ahmedabad

ITSSA 376/AHD/2019

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6228 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 11 month(s) 12 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 27-06-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 25-06-2024
• Assessment Year: 2011-2012
• Appeal Filed On: 15-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 153A

Judgement Text

आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरणआयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद 瀈यायपीठ अहमदाबाद 瀈यायपीठअहमदाबाद 瀈यायपीठ अहमदाबाद 瀈यायपीठ “D”, अहमदाबाद अहमदाबादअहमदाबाद अहमदाबाद । ।। । IN THE INCOME TAX APPELLATE TRIBUNAL “ D ” BENCH, AHMEDABAD ] BEFORE SHRI T.R. SENTHIL KUMAR, JUDICIAL MEMBER AND SHRI MAKARAND V. MAHADEOKAR, ACCOUNTNAT MEMBER Sl. No(s) IT(SS)A No(s)/ITA No(s) Assess- ment Year(s) Appeal(s) by Appellant vs. Respondent Appellant Respondent 1. IT(SS)A No. 376/Ahd/2019 2011-12 Shri Vijaynarayan Rameshkumar Jaju A-5-6, Deep Jyot Avenue Opp. Gurukul Society B/h. Circuit House Shahibaug Ahmedabad- -380 004 PAN: ABDPJ 1127 H The Dy.CIT Central Circle-1(4) Ahmedabad- -380 009 2. IT(SS)A No. 377/Ahd/2019 2012-13 -do- Assessee -do- Revenue 3. ITA No.1699/Ahd/ 2019 2014-15 -do- Assessee -do- Revenue Assessee by : -None- Revenue by : Dr. Darsi Suman Ratnam, CIT-DR /Date of Hearing : 26/06/2024 /Date of Pronouncement: 28/06/2024 आदेश/O R D E R PER SHRI MAKARAND V. MAHADEOKAR, AM: These three appeals have been filed by the assessee against the separate orders of the Commissioner of Income Tax (Appeals)–11, Ahmedabad (hereinafter referred to as “CIT(A)”) dated 03-05-2019 for the Assessment Years (AYs) 2011-12, 2012-13 and dated 09-09-2019 for AY 2014- 15. These appeals pertain to the confirmation of additions on account of IT(ss)A Nos.376 & 377/Ahd/2019 and ITA No.1699/Ahd/2019 Shri Vijaynarayan Rameshkumar Jaju vs. DCIT Asst. Years : 2011-12, 2012-13 & 2014-15 respectively 2 unexplained cash transactions of Rs.1,50,00,000/- for A.Y. 2011-12, Rs.35,00,000/- for A.Y. 2012-13 and Rs.17,28,800/- in respect of cash seized from the residential premises of the assessee for A.Y. 2014-15. The orders of the Ld.CIT(A) were passed in case of appeals preferred by the assessee against the orders of Assessing Officer (hereinafter referred to as “AO”) passed u/s.143(3) r.w.s. 153A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for A.Y. 2011-12 and A.Y. 2012-13. The order of AO for A.Y. 2014-15 was passed u/s.143(3) r.w.s. 153B(1)(b) of the Act. 2. The hearing of these appeals were fixed on multiple occasions. 34 adjournments were given each in respect of the A.Y. 2011-12 and A.Y. 2012- 13. 33 adjournments were given in respect of the A.Y. 2014-15. Despite several adjournments granted, neither the assessee nor any authorized representative appeared before us. Notices sent to the assessee were returned unserved. 3. During an earlier hearing, the Ld.Counsel for the assessee filed an order of the National Company Law Tribunal (NCLT) dated 05-02-2024 stating that the proceedings u/s.95 of Insolvency and Bankruptcy Code, 2016 are initiated in case of the assessee and a moratorium was issued in respect of any debt. However, upon examination, it was observed that the order of the NCLT is in respect of debt pertaining to Shreem Spa & Resorts Ltd., where the assessee is a personal guarantor. We are not initiating any new proceedings against the assessee, hence we have decided to proceed with the matter. 4. In the absence of any appearance by the assessee or their representative and given that there is no material available on record other IT(ss)A Nos.376 & 377/Ahd/2019 and ITA No.1699/Ahd/2019 Shri Vijaynarayan Rameshkumar Jaju vs. DCIT Asst. Years : 2011-12, 2012-13 & 2014-15 respectively 3 than what was submitted to the lower authorities, we have no option but to proceed with the matter based on the available records. 5. The Ld.CIT(A) has confirmed the additions made by the Assessing Officer (AO) on account of unexplained cash transactions. The detailed reasons provided by the Ld.CIT(A) in their orders are consistent with the provisions of the Income Tax Act, 1961, and have been thoroughly examined by us. There is no fresh evidence or argument put forth by the assessee to counter the findings of the lower authorities. 6. In light of the above, we find no merit in the appeals filed by the assessee. The conduct of the assessee in not appearing before this Bench despite several opportunities further supports the conclusion that the assessee is not interested in pursuing these appeals. 7. In view of the non-prosecution of the appeals and after considering all the facts and circumstances of the case, we dismiss these appeals for the Assessment Years 2011-12, 2012-13, and 2014-15. 8. In the result, all the three appeals filed by the Assessee are dismissed. Order pronounced in the Open Court on 28 June, 2024 at Ahmedabad. Sd/- Sd/- (T.R. SENTHIL KUMAR) JUDICIAL MEMBER (MAKARAND V. MAHADEOKAR) ACCOUNTANT MEMBER Ahmedabad, Dated 28/06/2024 . ी. य , . . ./T.C. NAIR, Sr. PS IT(ss)A Nos.376 & 377/Ahd/2019 and ITA No.1699/Ahd/2019 Shri Vijaynarayan Rameshkumar Jaju vs. DCIT Asst. Years : 2011-12, 2012-13 & 2014-15 respectively 4 ! "# /Copy of the Order forwarded to : 1. "!ी $% / The Appellant 2. &य$% / The Respondent. 3. '(')* य य + / Concerned CIT 4. य य + )"!ी (/ The CIT(A)-11, Ahmedabad 5. . /ीय )* , य "!ी य ")* , ज /DR,ITAT, Ahmedabad, 6. / 12 3 /Guard file. / BY ORDER, &य ! //True Copy// ह य !'जी (Asstt. Registrar) य "!ी य ")* , ITAT, Ahmedabad 1. Date of dictation (word processed by Hon’ble AM in his laptop) : 27.6 .2024 2. Date on which the typed draft is placed before the Dictating Member. : 27.6 .2024 3. Date on which the approved draft comes to the Sr.P.S./P.S : 4. Date on which the fair order is placed before the Dictating Member for pronouncement. : 5. Date on which fair order placed before Other Member : 6. Date on which the fair order comes back to the Sr.P.S./P.S. : 28.6.24 7. Date on which the file goes to the Bench Clerk. : 28.6.24 8. Date on which the file goes to the Head Clerk. : 9. The date on which the file goes to the Assistant Registrar for signature on the order. : 10. Date of Despatch of the Order :