JAVI HOME PRIVATE LIMITED,DELHI vs. ASSESSING OFFICER, DELHI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal agreed with the findings of the lower authorities. It held that the assessee's consistent absence and lack of any defence material meant there was no basis to assail the order of the lower authorities, relying on the principle that law aids vigilant litigants.
What were the facts?
The assessee appealed against the order of the CIT(A) which upheld the addition made by the Assessing Officer. The assessee remained absent throughout the appellate proceedings and did not provide any written submissions or evidence.
What were the issues?
Whether the appeal filed by the assessee can be sustained when the assessee fails to appear and present any defence.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. K.V. Pilliah and Sons.97 citing63 ITR 411 · 1967 · SC
Income Tax Appellate Tribunal, DELHI BENCH, ‘C’: NEW DELHI
Before: SHRI ANUBHAV SHARMA&
ORDER PER AMITABH SHUKLA, AM,
The captioned appeal has been preferred by the assessee against order dated 12.08.2024 of the Commissioner of Income Tax (Appeals)National Faceless Appeal Centre, New Delhi, [hereinafter referred to as ‘ld. CIT(A)’] arising out of assessment order dated 02.05.2023 passed u/s 147 r.w.s 144 of the Income Tax Act, 1961 pertaining to Assessment Year 2013-14. The word ‘Act’ herein this order would mean Income TaxAct, 1961.
The assessee was called absent in the case. It has been noted that continuously the appellant assessee has been absenting itself ever since the appeal was filed in 2018. Records indicate that all along the assessee has been absenting himself from appearance. Request for adjournment were being made and which were granted, but no compliance has been made.
The Ld. DR took us through the brief factual matrix of the case. The Ld.CIT(A) through his order dated 12.08.2024 confirmed the addition made by the Ld.AO qua the merits of the addition. The Ld. DR argued in favour of the order of lower authorities. It was contended that the order has been made after carefully considering the varied facts of this case in the light of material available on records.
We have considered the arguments of the Ld. DR in the light of material available on records. The assessee was called absent and it has also been noted that it has been regularly absenting itself from appearance.
It is trite principle of law that law aids vigilant litigants only. Before us the assessee has not given any written submission or evidence to effectively assail the order of lower authorities.
We have examined the order of Ld.First Appellate Authority and are of the considered view that the order passed by the Ld. CIT(A)
12.08.2024 which has been assailed by the assessee, has been passed after carefully considering the facts of the case and correct interpretation of law. Before us the assessee has not advanced any evidence to defend its case. We therefore totally agree and uphold the findings of the lower authorities. In this regard we rely upon the order of Hon’ble Delhi High court in the case of Global Vantedge Pvt. Ltd dated 14.03.2013 1829 / Del / 2010 and / Del / 2011 holding as under:-
….The learned counsel for the revenue contended that it was incumbent upon the Tribunal to have recorded its own findings rather than merely confirming the findings of the CIT (Appeals). However, the learned counsel for the respondent/ assessee drew our attention to the Supreme Court decision in the case of CIT v. K.V. Pilliah and Sons : (1966) 63 ITR 411 (SC), wherein, on a similar point having been raised, the Supreme Court observed as under: - “The Income-tax Appellate Tribunal is the final fact-finding authority and normally it should record its conclusion on every disputed question raised before it, setting out its reasons in support of its conclusion. But, in failing to record reasons, when the Appellate Tribunal fully agrees with the view expressed by the Appellate Assistant Commissioner and has no other ground to record in support of its conclusion, it does not act illegally or irregularly, merely because it does not repeat the grounds of the Appellate Assistant Commissioner on which the decision was given against the assessee or the department. The criticism made by the High Court that the Tribunal had “failed to perform its duty in merely affirming the conclusion of the Appellate Assistant Commissioner is apparently unmerited.”
Accordingly, we are of the considered view that the order passed by the Ld.First Appellate Authority therefore does not require any intervention at this stage. The order of the Ld.CIT(A) is sustained. All the grounds of appeal raised by the assessee are therefore dismissed.
In the result, the appeal of the assessee is dismissed.
Order pronounced in the open court on 10th December, 2025.
Similar judgments
Other orders that rely on the same authority or decide the same section.
- Kannan Rajagopal, Kolapakkam vs ITO Ward 1(2), ChennaiChennai6 Nov 2025Dismissed
Also relies on CIT v. K.V. Pilliah and Sons.
The Tribunal upheld the order of the lower authorities, agreeing that the AO had carefully considered the facts and correctly interpreted the law. Since the assessee provided no evidence to defend its case and was absent...
- ACIT, Central Circle- 18, New Delhi vs Jagat Projects Ltd., New DelhiDelhi30 Sept 2025Dismissed
Also relies on CIT v. K.V. Pilliah and Sons.
The Tribunal concurred with the CIT(A)'s decision to delete the addition. It found that the source of funds in M/s ISRPL was established and that the transactions between the assessee and M/s ISRPL were regular loan entr...
- B D R Products (India) Pvt. Ltd., Delhi vs ITO, New DelhiDelhi19 Sept 2025Dismissed
Also relies on CIT v. K.V. Pilliah and Sons.
The Tribunal upheld the order of the CIT(A), finding that the grounds of appeal were descriptive and narrative, violating Rule 8 of ITAT rules. The assessee failed to adduce evidence to defend its case.
- Bha Associates Pvt. Ltd., New Delhi vs ACIT, Central Circle- 29, New DelhiDelhi19 Sept 2025Dismissed
Also relies on CIT v. K.V. Pilliah and Sons.
The Tribunal noted the assessee's consistent absence and lack of written submissions. Relying on Supreme Court precedent, it held that when the Tribunal fully agrees with the lower authorities, it is not acting illegally...
- DCIT- CC- 5(3), Mumbai vs Irb Jaipur Deoli Tollway Ltd., MumbaiMumbai10 Nov 2022Dismissed
Also relies on CIT v. K.V. Pilliah and Sons.
The Tribunal held that the interest income earned on fixed deposits, which were made from borrowed funds and were required to be utilized exclusively for the project as per the escrow agreement, is to be treated as busin...
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Latest GST High Court judgments
Search GST case law →- M/S Sahoo Supply Agency,Balasore vs. Central Board Of Indirect Taxes And Customs,New DelhiOrissa · 3 Nov 2026
- M/S Jyoti Consultants, Agrahat vs. Pr. Commissioner GST And Central Excise Commissionerate, BhubaneswarOrissa · 3 Nov 2026
- M/S. Sahoo Supply Agency vs. Central Board Of Indirect Taxes And CustomsOrissa · 3 Nov 2026
- Gopal Aromatic PVT. LTD., Cuttack vs. Union Of INDIAOrissa · 3 Nov 2026
- M/S. Nourangi Paints vs. The Union Of INDIAPatna · 2 Nov 2026