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Facts
The assessee company, engaged in infrastructure development, filed its return for AY 2011-12. During scrutiny, the AO made significant additions under Section 68 for undisclosed cash credits and unexplained share application money.
Held
The Tribunal noted that the assessee repeatedly sought adjournments and failed to appear, indicating a lack of keenness to pursue the appeal. In the absence of any rebuttal or controverting material, the Tribunal found no reason to interfere with the lower authorities' findings.
Key Issues
Whether the appeal can be adjudicated ex-parte due to the assessee's non-appearance and repeated adjournments, and whether the additions made by the AO under Section 68 are sustainable.
Sections Cited
68, 143
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “G”, DELHI
(A.Y.2011-12) Umber Infratech P. Ltd., C-1, 324, F/F, Gali No. 25, ...... अपीलाथ�/Appellant Khajoori Khas, Delhi 110094 PAN: AABCU-2344-R बनाम Vs. Income Tax Officer, Ward 18(1), ..... �ितवादी/Respondent New Delhi Assessee by : None Department by : Shri Mahesh Kumar, CIT-DR सुनवाई क� ितिथ/ Date of hearing : 19/05/2025 घोषणा क� ितिथ/ Date of pronouncement : : 13/08/2025 आदेश/ORDER
PER VIKAS AWASTHY, JM:
This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-43, New Delhi (hereinafter referred to as 'the CIT(A)') dated 24.09.2018, for assessment year 2011-12.
This appeal was filed by the assessee on 27.11.2018. The appeal was first listed for hearing on 06.12.2021. Repeated notices were sent to the assessee on the address provided in Form No. 36. On the initial four dates of hearing none appeared on behalf of the assessee. Thereafter, on 14.12.2022 Shri Pulkit Verma, Advocate appeared on behalf of the assessee and sought adjournment. At the (AY 2011-12) request of Counsel for the assessee the appeal was adjourned to 16.03.2023. On the said date Shri Tarandeep Singh, Advocate appeared on behalf of the assessee and made request for adjournment. On his request the appeal was adjourned to 22.06.2023. On the said date some other Counsel (Shri Sandeep Singh) appeared on behalf of the assessee and sought adjournment. Thereafter, on the subsequent dates different Counsels appeared and sought adjournment on one pretext or the other. On 19th May 2025, the appeal was called none appeared to represent the assessee. The appeal was adjourned 16 times in the span of four years at the behest of assessee. It seems that the assessee is not keen to pursue the appeal, hence, this appeal is taken up for adjudication with the assistance of ld. DR and on the basis of material already available on record.
Shri Mahesh Kumar, representing the department reiterated the findings of the AO and the vehemently defended impugned order and prayed for dismissing appeal of the assessee.
4. Submissions made by ld. DR heard and orders of the authorities below examined. As per statement of facts, the assessee company is engaged in the business of Development of Infrastructure and Allied Projects. The assessee filed its return of income for the impugned assessment year on 30.09.2011 declaring income of Rs.2,33,510/-. During scrutiny assessment proceedings, the Assessing Officer (AO) made addition of Rs.20,64,36,963/- u/s. 68 of the Income Tax Act,1961(hereinafter referred to as ‘the Act’) on account of undisclosed cash credits. Another addition of Rs.72,50,000/- was made u/s. 68 of the Act on account of unexplained share application money. Aggrieved by the assessment order dated 28.03.2014 passed u/s. 143 of the Act, the assessee carried the issue (AY 2011-12) in appeal before the CIT(A). In First Appellate proceedings, both additions made by AO were confirmed. Hence, the present appeal.
No material to rebut findings of the authorities below is placed before us by the assessee/appellant. Hence, in the absence of any controverting material/submissions, we find no reason to interfere with findings of the authorities below.
In the result, impugned order is upheld and appeal of the assessee is dismissed. Order pronounced in the open court on Wednesday the 13th day of August, 2025. Sd/- Sd/- (M. BALAGANESH) (VIKAS AWASTHY) लेखाकार सद�य/ACCOUNTANT MEMBER �याियक सद�य/JUDICIAL MEMBER िद�ी/Delhi, �दनांक/Dated 13/08/2025 NV/- �ितिलिप अ�ेिषतCopy of the Order forwarded to : अपीलाथ�/The Appellant , 1. �ितवादी/ The Respondent. 2.