MARVELOUS CEMENT PRIVATE LIMITED,NEW DELHI V. ITO WARD-16(2), NEW DELHI

ITA 4153/DEL/2019

AI Insights

The case involves M/s Marvelous Cement Pvt. Ltd., which appealed against the order of the Commissioner of Income Tax (Appeals)-6, New Delhi, concerning an assessment for the year 2010-11. The primary issue was the addition of Rs. 1,00,00,000 received from M/s Prraneta Industries Ltd., which was treated as an accommodation entry and undisclosed income by the Income Tax Officer under section 147 read with section 143(3) of the Income Tax Act, 1961. The Tribunal noted that the assessee did not appear for the hearing despite previous appearances and adjournments, leading to the dismissal of the appeal based on the merits of the case as presented by the Departmental Representative.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 776141 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2025
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2010-2011
• Appeal Filed On: 07-05-2019
• Laws Referred To: Income Tax Act, 1961
• Court: TRIBUNAL
• Department Lawyers: HARPREET KAUR HANSRA
• Keywords: Accommodation entries
• Section: 147; 143(3); 68

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘F’: NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTNAT MEMBER ITA No.4153/Del/2019 [Assessment Year: 2010-11] M/s Marvelous Cement Pvt. Ltd., 305, Bakshi House, Nehru Place, New Delhi-110019 Vs Income Tax Officer, Ward-16(2), New Delhi-110001 PAN-AACCH7035B Assessee Revenue Assessee by None Revenue by Ms. Harpreet Kaur Hansra, Sr. DR Date of Hearing 31.07.2025 Date of Pronouncement 17.09.2025 ORDER PER ANUBHAV SHARMA, JM, This appeal has been preferred by the assessee against order dated 20.03.2019 of the learned Commissioner of Income Tax (Appeals)-6, w Delhi, (hereinafter referred to as ‘the Act’) in Appeal No.CIT(A),Delhi-6/10252/2017- 18, arising out of order passed u/s 147 r.w.s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the Income Tax Officer, ward 16(2), New Delhi, pertaining to Assessment Year 2010-11. 2. At the time of hearing, none appeared for the assessee and record shows that assessee was earlier served and after putting the appearance, adjournments were repeatedly sought, therefore, no further notice is justified. 3. On hearing the ld. DR, we find that the issue concerns addition of Rs.1,00,00,000/- received by assessee from M/s Prraneta Industries Ltd. on Printed from counselvise.com 2 ITA No.4153/Del/2019 account of sale of shares by treating them as alleged accommodation entries and alleged undisclosed income u/s 68 of the Act. 4. The Ld. CIT(A) has taken into consideration the facts and circumstances and on the basis of several incriminating documents found during the search operation that assessee had benefitted by companies operated by Shri Shirish C. Shah. It was observed that prior to receiving credits and after giving the two credits, balance in the account were minimal. In the absence of any assistance, the factual findings of the ld. Tax authorities below require no interference. Resultantly, the appeal of the assessee is dismissed. Order pronounced in the open court on 17th September, 2025. Sd/- Sd/- [AMITABH SHUKLA] [ANUBHAV SHARMA] ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 17.09.2025 f{x~{tÜ f{x~{tÜ f{x~{tÜ f{x~{tÜ Copy forwarded to: 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi, Printed from counselvise.com "