MOOL CHAND,NEW DELHI vs. ITO, NEW DELHI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The tribunal dismissed the appeal as no legal heirs were brought on record despite a prior direction. However, liberty was granted to the legal heirs to approach the tribunal for restoration of the appeal.
What were the facts?
The assessee's counsel informed the tribunal that the assessee had expired. The tribunal directed the counsel to bring the legal heirs on record, but no steps were taken. Consequently, the appeal could not be proceeded with.
What were the issues?
Whether the appeal can be proceeded with when the assessee has expired and legal heirs are not brought on record. The validity of additions made under Section 68 and on account of AIR information were also grounds raised.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “E”: NEW DELHI
Before: SHRI NARENDRA KUMAR BILLAIYA & SHRI KUL BHARAT
This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax (Appeals)-19, New Delhi, dated 13.12.2016, raising following grounds of appeal, pertaining to the assessment year 2012-13.
“1. That the assessment order passed by the Ld. AO deserves to be quashed since the same was: a) Passed without following the Principles of Natural Justice and without giving proper opportunity; and b) Passed without providing the documents collected at the back of the assessee despite the requests made by the assessee; and (c) Passed without application of mind and with biasness 2. That the CIT(Appeals) was not justified in adjudicating Ground No. 1 (Legal Ground) in casual manner.
3. That both the lower authorities were not justified in law as well as on facts in making and sustaining the addition of Rs. 1,10,21,000/- u/s 68 of the Income Tax Act, 1961.
4. That both the lower authorities were not justified in law as well as on facts in making and sustaining the addition of Rs. 3,40,188/- on account of AIR information. 5. That the appellant craves leave to add, amend, alter or withdraw any ground of appeal at the time of hearing with the permission of the Hon’ble ITAT, Delhi Bench.”
The Tribunal vide order-sheet entry dated 01.12.2021 has observed as under:
“Ld. Counsel for the Assessee has submitted that Assessee has expired. Ld. Counsel is directed to file amended Form 236 and bring legal heirs on record. Hearing is adjourned to 08.02.2022. Both parties informed.”
However, neither any steps have been taken nor any request seeking time for bringing legal heirs on record is made. In the absence of such request we do not see any reason to keep this appeal pending. Hence, the appeal is hereby dismissed. However liberty is granted for approaching the Tribunal for restoration of appeal by legal heirs.
Grounds raised in this appeal are dismissed.
Appeal of the assessee is dismissed.
Order pronounced in open court during the course of hearing on 3rd November, 2022.
More judgments on Section 68
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- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
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- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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