SHRI GOLDY NARULA,NEW DELHI vs. ITO, NEW DELHI

[A]. This appeal has been filed by the assessee against the impugned appellate order dated 29.03.2016 passed by Learned Commissioner of Income Tax (Appeals)-32, New Delhi [in short, “Ld.CIT(A)”] pertaining to Assessment Year 2010-11. The Assessee has raised following grounds of appeal:-

“1. That the Ld. CIT(A) has erred in misunderstanding the facts of the case. 2. That the Ld. CIT(A) has further erred in confirming the addition of Rs. 6,175,000/- which pertained cash deposited out of the Advance (bayana) receipts u/s 69 of ITA, 1961 as unexplained cash deposits, despite the explanation, duly supported by documents and records submitted. Page 1 of 20

ITA No.- 2956/Del/2016 Mr. Goldy Narula. 3. Any other ground before or at the time of hearing.”

[B]. Vide Assessment Order dated 14.03.2013 passed u/s 143(3)/ 147 of the Income Tax Act, 1961 (in short “the Act”). In this Assessment Order, cash deposits in assessee’s Saving Bank Account in Axix Bank Ltd., Rohini; amounting to a total of Rs. 98,91,490 was added to the assessee’s returned income. The relevant portion of the Assessment Order is reproduced as under:-

ITA No.- 2956/Del/2016 Mr. Goldy Narula.

ITA No.- 2956/Del/2016 Mr. Goldy Narula.

[C] Assessee preferred appeal before the Ld. CIT(A) against the aforesaid Assessment Order dated 14.03.2013. Vide aforesaid impugned appellate order dated 29.03.2016, the Ld. CIT(A) sustained addition of Rs. 61,75,000/- out of the aforesaid

ITA No.- 2956/Del/2016 Mr. Goldy Narula. amount of Rs. 98,91,490/- and deleted the remaining amount of Rs. 37,16,490/-. The relevant portion of the order of the Ld. CIT(A) is reproduced as under:-

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[D] This present appeal has been filed by the assessee against the aforesaid impugned appellate order dated 29.03.2016 of the Ld. CIT(A). At the time of hearing, Revenue was represented by Ms. Rakhi Vimal, the learned Senior Departmental Representative (“Ld. Sr. DR”, for short). However, none was present from the assessee’s side. In the absence of any representation from assessee’s side, at the time of hearing before us, we heard the Ld. Sr. DR; who relied upon the order dated 14.03.2013 of the Assessing Officer and the aforesaid impugned order dated 29.03.2016 of the Ld. CIT(A). After perusal of the materials on record, including the order of the AO and the aforesaid impugned order dated 29.03.2016 of the Ld. CIT(A), we find that the Ld. CIT(A) has passed speaking order on merits. Relevant portion of Page 18 of 20

ITA No.- 2956/Del/2016 Mr. Goldy Narula. the impugned order of the Ld. CIT(A) has already been reproduced in foregoing paragraph [C] of this order. We find that the Ld. CIT(A) has given detailed reasons for his decision on merits in the aforesaid impugned appellate order dated 29.03.2016 of Ld. CIT(A). During appellate proceedings in Income Tax Appellate Tribunal (“ITAT”, for short) no material has been brought for our consideration to persuade us to take a view different from the view taken by the Ld. CIT(A) in the impugned order on merit. After hearing the Ld. Sr. DR and after perusal of materials on record, and further, in view of the foregoing discussion, we decline to interfere with the aforesaid impugned appellate order dated 29.03.2016 of Ld. CIT(A).

[E] In view of the foregoing discussion, the appeal filed by assessee is dismissed.

Before we part; we explicitly clarify that the assessee will be at liberty to approach ITAT for restoration of the appeal in accordance with Proviso to Rule 24 of Income Tax (Appellate Tribunal), Rules, 1963. If the assessee does approach ITAT for restoration of the appeals in ITAT, the matter will be considered in accordance with law having regard to the facts and circumstances.

[F] In the result, appeal filed by Assessee is dismissed.

Order pronounced in the open court on 04/10/19.