TANEJA CONSTRUCTION UDYOG LTD.,,NEW DELHI vs. DCIT, CENTRAL CIRCLE- 27, NEW DELHI

This is an appeal preferred by the assessee against the order dated 01.08.2018 of the Commissioner of Income-tax (Appeals)-29, New Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in appeal No.05/2017-18/CIT(A)-29 arising out of the appeal before it against the order dated 30.03.2017 passed u/s 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the DCIT, Central Circle-27, New Delhi (hereinafter referred to as the Ld. AO).

None appeared for the assessee at the time of hearing and the record shows that the assessee has been served notices repeatedly. Earlier, this appeal was dismissed on 01.04.2019 for non-appearance of the assessee and, subsequently, the order was recalled on 23.05.2025. Even at that time actually none appeared for the assessee. There is no justification to issue further notices.

On hearing the ld. DR and perusing the record, we find that the assessee’s return of income was filed at nil, but, during the assessment Rs.4,60,300/- was added as unaccounted expenditure met from undisclosed sources which was confirmed by the ld. FAA and the concealment of this income has led to levy of this penalty. We find that the assessment proceedings were initiated on the basis of documents found in search and in the assessment proceedings itself the AO had mentioned that there is a concealment of true particulars of income leading to levy of penalty. Thus, the grounds raised in the present appeal that there is no reason given for issuance of notice u/s 271(1)(c) of the Act has no substance.

The appeal of the assessee is dismissed.