BASERA REALTORS PRIVATE LIMITED,LUDHIANA vs. DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1,LUDHIANA, LUDHIANA
आयकर अपीलȣय अͬधकरण, चÖडीगढ़ Ûयायपीठ, चÖडीगढ़
IN THE INCOME TAX APPELLATE TRIBUNAL
CHANDIGARH BENCH, ‘A’, CHANDIGARH
BEFORE SHRI LALIET KUMAR, JUDICIAL MEMBER &
SHRI KRINWANT SAHAY, ACCOUNTANT MEMBER
आयकर अपील सं./ ITA No. 34/CHD/2022
Ǔनधा[रण वष[ / Assessment Year : 2007-08
M/s Basera Realtors Pvt. Ltd.,
10, Canal View, Near South
City, Aggar Nagar,
Ludhiana
बनाम
Vs.
The DCIT,
Central Circle -1,
Ludhiana
èथायी लेखा सं./ PAN NO: AACCB7360D
अपीलाथȸ/Appellant
Ĥ×यथȸ/Respondent
( PHYSICAL HEARING )
Ǔनधा[ǐरती कȧ ओर से/Assessee by : None ( Adjournment Application )
राजèव कȧ ओर से/ Revenue by : Smt. Tarundeep Kaur, CIT DR
सुनवाई कȧ तारȣख/Date of Hearing
:
09.10.2025
उदघोषणा कȧ तारȣख/Date of Pronouncement
:
13.10.2025
आदेश/Order
Per Krinwant Sahay, AM :
Appeal in this case has been filed by the assessee against the order dated 22.05.2017 passed by the Ld.
Commissioner of Income Tax (Appeals)-5, for A.Y. 2007-
08. 2. Grounds of appeal are as under:
1. That the learned CIT(A) erred in eyes of law and facts of the case by confirming addition of Rs.2,00,72,582/- made by the assessing
34-Chd-2022
Basera Realtors Pvt.Ltd., Ludhiana officer out of total addition of Rs.4,18,87,582/- on account of unexplained investment u/s 69. 2. That without prejudice to Ground of Appeal No.
1, Ld CIT(A) erred in ignoring the fact that assessee owned only 50% share in properties appearing at S. No. 3, 6 and 15 of the table appearing in the assessment order and that assessing officer wrongly made addition of 100% in the hands of the assessee inspite of acknowledging this fact in the assessment order itself.
3. That Id CIT(A) erred in eyes of law and facts of the case by confirming addition Rs. 83,77,516
made by the assessing officer on account profit calculated by the AO 20% on the investment amount.
4. That Id CIT(A) erred in eyes of law and facts of the case by confirming addition Rs.9,35,000/- made by the assessing officer out of total addition of Rs.74,35,000/-account of capital contribution by the Directors.
5. That the assessee craves to leave, amend, alter or take additional grounds of app before or at time of hearing.
The Registry has pointed out a delay of 1649 days in filing of the appeal. The Assessee has filed an application dt. 01.2.2022 for condonation of delay alongwith an 34-Chd-2022 Basera Realtors Pvt.Ltd., Ludhiana
Affidavit which is reproduced as under:-
34-Chd-2022
Basera Realtors Pvt.Ltd., Ludhiana
34-Chd-2022
Basera Realtors Pvt.Ltd., Ludhiana
From the application / Affidavit for condonation of delay, it is seen that the order was passed by the ld. CIT(A) in 2017 and the appeal was filed in 2022. So approximately the appeal is delayed by 1649 days. In the application for condonation of delay, the reason has been given that the director who was looking after the works of the company was not well and the other director was dependent on his counsel. But No affidavit from such director or his Counsel was filed. During proceedings before us, nobody has been appearing for the last 15 occasions. It seems that Assessee is not interested in perusing its appeal. 5. Accordingly, the appeal is dismissed because of inordinate delay in filing of the appeal without giving any cogent reasons for the same. It is more important to mention here that neither the Assessee nor its Counsel has appeared before the Bench in the last fifteen different dates given for hearing of the appeal by the Tribunal.
34-Chd-2022
Basera Realtors Pvt.Ltd., Ludhiana
Keeping in view the facts discussed above, the appeal of the Assessee is hereby dismissed.
6. In the result, the appeal of the Assessee is dismissed.
Order pronounced on 13.10.2025. ( LALIET KUMAR )
Accountant Member
“आर.के.”
आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of the order forwarded to :
1. अपीलाथȸ/ The Appellant
2. Ĥ×यथȸ/ The Respondent
3. आयकर आयुÈत/ CIT
4. ͪवभागीय ĤǓतǓनͬध, आयकर अपीलȣय आͬधकरण, चÖडीगढ़/ DR, ITAT, CHANDIGARH
5. गाड[ फाईल/ Guard File
सहायक पंजीकार/