SACHIN,ROHTAK V. ACIT CENTRAL CIRCLE-13, NEW DELHI

ITA 1851/DEL/2023

AI Insights

This case involves an appeal by Sachin against the order of the Commissioner of Income Tax (Appeals)-28, New Delhi, which pertained to the assessment year 2020-21. The appeal arose from an assessment order under sections 153A/144 of the Income Tax Act, 1961, following a search and seizure operation that uncovered unexplained foreign currency. The appellant failed to appear before the CIT(Appeals) to substantiate the source of the foreign currency and also did not provide evidence for expenditures on foreign travel. The tribunal dismissed the appeal, supporting the lower tax authorities' decisions based on the appellant's incriminating admissions.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 26978 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-02-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2020-2021
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN MAILK
• Keywords: Search and seizure

Judgement Text

" ITA No. 1851/Del/2023 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘F’ NEW DELHI BEFORE SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No. 1851/Del/2023 Assessment Year: 2020-21 Sachin, House No. 399, Pahrawar (69), Rohtak (Haryana) PIN: 124 021 Vs. ACIT, Central Circle-13, Delhi PAN :KXIPS7409L (Applicant) (Respondent) ORDER PER ANUBHAV SHARMA: JUDICIAL MEMBRE This appeal by the assessee is directed against the order dated 28.04.2023 of the Commissioner of Income Tax (Appeals)-28, New Delhi [hereinafter referred to as “CIT(A)”] pertaining to assessment year 2020-21 and arises out of the assessment order dated 25.09.2021 under section 153A/144 Assessee by N o n e Respondent by Ms. Suman Mailk, CIT DR Date of hearing 04.02.2025 Date of pronouncement 07.02.2025 2 ITA No. 1851/Del/2024 of the IT Act, 1961 of the Income Tax Act 1961 [hereinafter referred as ‘the Act’]. 2. At the time hearing, none appeared for the assessee and record shows after institution of the appeal, repeated notices have been issued but none has appeared for assessee. We find that there is a letter dated 21.02.2024 on record, whereby, assessee had informed that earlier he had instructed Shri Gautam Jain, Advocate to appear and that the said counsel is no more representing him. Thus, it appears that assessee is duly informed of the hearing but not willing to appear. No more notice is justified. 3. Arguments of Learned DR were heard who supported the orders of learned tax authorities below. 4. We have considered the impugned orders and we find that consequent to a search and seizure operation conducted on Chirag Harish Kumar & Ors Group of Cases on 03.03.2020, unexplained foreign currency at IGI Airport, New Delhi, was found and on account of which the assessment order was passed under Sections 144/153A of the Act making an addition which was challenged before the Ld. CIT(Appeals) , however, assessee failed to appear before the Ld. 3 ITA No. 1851/Del/2024 CIT(Appeals) also to substantiate the possession amount on the basis of a disclosed source. The statement of assessee recorded under Section 132(4) of the Act is reproduced in the impugned order wherein a specific question was put up for providing documents to verify the source of foreign currency but no such source was disclosed. As with regard to the addition on account of foreign travel, again no avidence has been filed on the source of expenditure on 16 foreign trips. The aforesaid discussion establishes that the learned tax authorities below have relied upon the statement of the assessee wherein incriminating admissions were made and the same remained unexplained even at this stage. The grounds raised have no substance. The appeal is, thus, dismissed. 6. In the result, the appeal is dismissed. Order pronounced in the open court on 07 .02.2025. Sd/- Sd/- (S RIFAUR RAHMAN) (ANUBHAV SHARMA) ACCOUNTANT MEMBRE JUDICIAL MEMBER Dated: 7th February, 2025 Mohan Lal 4 ITA No. 1851/Del/2024 Copy forwarded to: 1. Applicant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi "