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Facts
The assessee preferred appeals against the orders of the Commissioner of Income-tax (Appeals) which arose from assessment orders passed under section 153A read with section 143(3) of the Income Tax Act, 1961. The additions primarily stemmed from a search and survey action leading to the issue of bogus purchases.
Held
The Tribunal noted that the assessee did not appear for the hearings. After reviewing the grounds, the Tribunal found that the tax authorities had properly appreciated the incriminating materials and made additions based on them. Without any factual assistance from the assessee to counter these findings, the Tribunal found no reason to interfere.
Key Issues
Whether the additions made by the tax authorities based on search and survey evidence are justified, especially when the assessee fails to appear and provide counter-arguments.
Sections Cited
153A, 143(3), 133A, 69A
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Income Tax Appellate Tribunal, DELHI BENCHES: F : NEW DELHI
Before: SHRI ANUBHAV SHARMA & SHRI NAVEEN CHANDRA
ORDER PER BENCH: These appeals are preferred by the assessee against the orders dated 28.03.2024 and 02.04.2024 of the Commissioner of Income-tax (Appeals)-26, New Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in appeals No.10513/2017-18 and 10599/2018-19 arising out of the appeals before it against the orders dated 25.05.2021 passed u/s 153A r.w.s. 143(3) and 143(3), respectively, of the Income Tax Act, 1961 (hereinafter
ITAs No.2520 & 2521/Del/2024 referred as ‘the Act’) by the ACIT, Central Circle-14, New Delhi (hereinafter referred to as the Ld. AO).
None has appeared for the assessee in these appeals before us. The record shows that ever since the institution of the appeals, in spite of notices, none is appearing. No further opportunity is justified. The arguments of the ld. DR were heard.
After going through the grounds in both the appeals, we find that primarily the additions arise out of the search action carried out by authorities under the CGST Department and also survey conducted u/s 133A of the Act at the office premises of the assessee. Based upon the incriminating evidences found during the search and survey operations, the issue of bogus purchases was examined leading to disallowances under various heads and also additions u/s 69A of the Act. After going through the impugned orders, we find that the ld. tax authorities have duly appreciated the incriminating materials for drawing inferences and in the absence of any factual assistance to counter the findings of ld. tax authorities, we find no reason to interfere. The grounds have no substance. Both the appeals are dismissed. Order pronounced in the open court on 28.05.2025. Sd/- Sd/- (NAVEEN CHANDRA) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 28th May, 2025. 2
ITAs No.2520 & 2521/Del/2024