SHRI BHARAT KHURANA,ALWAR vs. INCOME TAX OFFICER, ALWAR
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 noted the assessee's consistent non-appearance and concluded that the assessee was not interested in pursuing the appeal. Therefore, the appeal was dismissed.
What were the facts?
The assessee filed an appeal against the CIT(A)'s order for AY 2014-15. The assessee failed to appear for multiple hearings despite proper notice being served.
What were the issues?
Whether the appeal should be dismissed ex parte due to the assessee's non-appearance for hearings.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES “A”, JAIPUR
Before: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 364/JP/2018
ORDER PER: SANDEEP GOSAIN, J.M. This appeal has been filed by the assessee against the order of the ld. CIT(A), Alwar dated 22/01/2018 for the A.Y. 2014-15, wherein following grounds have been taken:
“1. In the facts and circumstances of the case and in law, the ld. CIT(A) has erred in sustaining the addition of INR 133,458 in respect of cash discount.
In the facts and circumstances of the case and in law, the ld. CIT(A) has erred in sustaining the addition of Rs. INR 25,000/- in respect of ad hoc disallowance of various expenses i.e. conveyance expenses, telephone/mobile expenses, travelling and conveyance expenses and depreciation on car/mobile.
3. In the facts and circumstances of the case and in law, the ld. CIT(A) has erred in sustaining the addition of INR 193,949 on 2 ITA 364/JP/2018_ Bharat Khurana Vs ITO account of difference of bank balance as per books and as per bank statement without considering the peak calculation provided and facts of the case. 4. The appellant reserves the rights to amend, add and withdraw the above grounds of appeal
.”
2. The hearing of the appeal was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic.
In this appeal, on several dates, none has appeared on behalf of the assessee. However, even today i.e. on 04/08/2021, neither the assessee nor his representative joined the proceedings, therefore, in such circumstances we proceed the assessee ex parte.
On the other hand, the ld DR, who joined the proceedings is ready with the arguments, therefore, we have decided to proceed with the hearing of the present case ex parte.
Having considered the rival contentions and perused the material placed on record. Since, nobody has appeared on behalf of the assessee for the last several dates, therefore, notice was directed to be served upon the assessee through the ld. DR. Constituent to the direction, the ld. DR served the notice and in this respect, report bearing memo No. 72 has been placed on record by the ld. DR wherein it is mentioned that the notice of appeal has already been served personally upon Shri Bharat Khurana i.e. the assessee on 21/04/2021. After having gone through the 3 ITA 364/JP/2018_ Bharat Khurana Vs ITO report filed by the ld. DR, we are convinced that the notice in the present appeal was served upon the assessee through the ld. DR but even in spite of that, none has appeared on behalf of the assessee. Considering the totality of the facts and circumstances of the case, we are of the view that seeing the act of the assessee of the present appeal, he is not interested to pursue the appeal, therefore, we dismiss the appeal of the assessee by confirming the order of the ld. CIT(A).
In the result, this appeal of the assessee is dismissed. Order pronounced in the open court on 17th August, 2021. Sd/- Sd/- ¼foØe flag ;kno½ ¼lanhi x®lkÃa½ (VIKRAM SINGH YADAV) (SANDEEP GOSAIN) ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 17/08/2021 *Ranjan आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू vihykFkhZ@The Appellant- Shri Bharat Khurana, Alwar. 1. izR;FkhZ@ The Respondent- The I.T.O., Ward 1(1), Alwar. 2. vk;dj vk;qDr@ CIT 3. vk;dj vk;qDr¼vihy½@The CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File (ITA No. 364/JP/2018) 6. vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेज. त्महपेजतंत
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