M/S Ram Dev International Ltd… vs ACIT | ITAT Delhi 2019

Income Tax Appellate Tribunal, DELHI BENCH: ‘F’: NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI ANADEE NATH MISSHRA

ORDER PER ANADEE NATH MISSHRA, AM [A] This appeal has been filed by the Assessee against the impugned appellate order dated 16.01.2017 passed by Learned Commissioner of Income Tax (Appeals) Karnal, [in short, “Ld.CIT(A)”] pertaining to Assessment Year 2013-14. The Assessee has raised following grounds of appeal:-

“1. On the facts and in the circumstances of the case as well as in the law the Ld. Commissioner of Income Tax Appeals grossly erred in upholding addition of Rs. 7,00,00,000 /- made U/s 68 of the Income Tax Act, 1961.

On the facts and in the circumstances of the case as well as in the law the Ld. Commissioner of Income Tax Appeals grossly erred in upholding the action of Ld. Assessing Officer that the share capital & share premium is genuine and shareholders does not exist.

The appellant crave leave to add/delete/alter or modify any or all grounds of appeal

ITA No.- 1707/Del/2017. Ram Dev International Ltd. These actions of Ld. Income Tax Authorities below, being arbitrary, unjust and invalid in the law liable to be quashed and it is prayed to Your honor that they please be quashed and/ or any other relief just deem fit and proper please be directed.

Appellant pray accordingly.”

[B] Vide Assessment Order dated 08.03.2016 passed under Section 143(3) / 144 of the Income Tax Act, 1961 (in short “the I.T. Act”). The relevant portion of the Assessment Order dated 08.03.2016 is reproduced as under:-

“

ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd. ITA No.- 1707/Del/2017. Ram Dev International Ltd.

”

[C] The Assessee filed appeal before the Ld. CIT(A). Vide impugned appellate order dated 16.01.2017, the Ld. CIT(A) dismissed the assessee’s appeal. The relevant portion of the order dated 16.01.2017 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 16.01.2017 of the Ld. CIT(A). At the time of hearing, Revenue was represented by Shri Surender Pal, 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 08.03.2016 of the Assessing Officer and the aforesaid impugned order dated 16.01.2017of the Ld. CIT(A). After perusal of the materials on record, including the order of the AO and the aforesaid impugned order dated 16.01.2017of the Ld. CIT(A), we find that the Ld. CIT(A) has passed speaking order on merits. Relevant portion of 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 16.01.2017of 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 Page 25 of 26

ITA No.- 1707/Del/2017. Ram Dev International Ltd. materials on record, and further, in view of the foregoing discussion, we decline to interfere with the aforesaid impugned appellate order dated 16.01.2017 of Ld. CIT(A), and accordingly, this appeal is dismissed.

[E] 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 16/12/2019

M/S RAM DEV INTERNATIONAL LTD.,,KARNAL vs. ACIT, KARNAL