SHRI. SANDEEP B KOTHARI,HUBLI vs. JOINT COMMISSIONER OF INCOME-TAX, HUBLI

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ITA 2092/BANG/2016Status: DisposedITAT Bangalore07 June 2017AY 2011-124 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found that the CIT(A) had indeed allowed the assessee's request to withdraw the appeal, and no evidence was provided to contradict this. Therefore, the Tribunal saw no reason to doubt the CIT(A)'s order.

What were the facts?

The assessee's appeal before the CIT(A) was dismissed as the assessee requested to withdraw it. The assessee then appealed to the ITAT, claiming the CIT(A) dismissed the appeal based on wrong facts and without considering written submissions.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal based on a withdrawal request, and whether the ITAT should reconsider the merits of the case.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC-B” BENCH : BANGALORE

Before: SHRI VIJAY PAL RAO

For Respondent: Shri M.K. Biju, JCIT
Hearing: 24.05.2017Pronounced: 07.06.2017

O R D E R Per Vijay Pal Rao, Judicial Member This appeal by the assessee is directed against the order dated 26.08.2016 of CIT(A) for the assessment year 2011-12. None has appeared on behalf of the assessee despite the fact that on the earlier date of hearing on 20.02.2017 the authorized representative of the assessee appeared and sought adjournment. Therefore it appears that the assessee is not Page 2 of 4 interested in pursuing the present appeal. Accordingly I propose to hear and dispose of this appeal exparte.

2.

The assessee has raised the following grounds . “1. The learned Commissioner Income Tax, Hubballi has dismissed the Appeal on the basis of wrong fact.

2. The ordered passed has not taken into consideration written submission made by the Appellant.

3. The Appellant craves leave to add, alter, modify, delete or substitute any or all the grounds and to file a paper book at time of hearing the Appeal. In view of the above and other submissions that may be made at time hearing of Appeal, it is prayed. 1.To allow the additions made on account of unproved credit balances of Rs. 5,20,725/- or 2.To direct the learnt CIT appeals Hubli, to our Appeal on merits disused. 3.Any other relief that the Honorable Tribunal deems fit.”

3.

I have heard the ld. DR and considered the relevant material on record.

The only issue raised by the assessee in this appeal is regarding the addition made by the AO on account of unproved credit balance of Rs. 5,20,725/-. The assessee though challenged the action of the AO before the CIT(A) however, the CIT(A) has dismissed the appeal of the assessee by considering the request of the assessee to withdraw the appeal in para 3 as under. “3. When the case was taken up for adjudication by issue of hearing notice, Shri Vinay Kulkarni, CA

Page 3 of 4 appeared and represented requested to permit him to withdraw the appeal. After discussing the case with him, the appeal is allowed to be withdrawn.” Thus it is clear that the CIT(A) has not gone into the merits of the case as the assessee itself requested the CIT(A) to permit it to withdraw the appeal. Now the assessee has again challenged the impugned order of the CIT(A) but has not filed any document or even affidavit to state that the assessee has not made request before the CIT(A) for withdrawal of the appeal. In the absence of any contrary facts or material or even representation of the assessee I do not find any reason to doubt the impugned order of the CIT(A) recording requests of the assessee to withdraw the appeal.

4.

In the result the appeal of the assessee is dismissed.

5.

Pronounced in the open court on this 07th day of June, 2017.

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