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Income Tax Appellate Tribunal, “ D ” BENCH, AHMEDABAD
Before: SHRI T.R. SENTHIL KUMAR & SHRI MAKARAND V. MAHADEOKAR, ACCOUNTNAT MEMBER
PER SHRI MAKARAND V. MAHADEOKAR, AM: These three appeals have been filed by the assessee against the separate orders of the Commissioner of Income Tax (Appeals)–11, Ahmedabad (hereinafter referred to as “CIT(A)”) dated 03-05-2019 for the Assessment Years (AYs) 2011-12, 2012-13 and dated 09-09-2019 for AY 2014-
These appeals pertain to the confirmation of additions on account of IT(ss)A Nos.376 & 377/Ahd/2019 and ITA No.1699/Ahd/2019 Asst. Years : 2011-12, 2012-13 & 2014-15 respectively 2
unexplained cash transactions of Rs.1,50,00,000/- for A.Y. 2011-12, Rs.35,00,000/- for A.Y. 2012-13 and Rs.17,28,800/- in respect of cash seized from the residential premises of the assessee for A.Y. 2014-15. The orders of the Ld.CIT(A) were passed in case of appeals preferred by the assessee against the orders of Assessing Officer (hereinafter referred to as “AO”) passed u/s.143(3) r.w.s. 153A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for A.Y. 2011-12 and A.Y. 2012-13. The order of AO for A.Y. 2014-15 was passed u/s.143(3) r.w.s. 153B(1)(b) of the Act.
The hearing of these appeals were fixed on multiple occasions. 34 adjournments were given each in respect of the A.Y. 2011-12 and A.Y. 2012- 13. 33 adjournments were given in respect of the A.Y. 2014-15. Despite several adjournments granted, neither the assessee nor any authorized representative appeared before us. Notices sent to the assessee were returned unserved.
During an earlier hearing, the Ld.Counsel for the assessee filed an order of the National Company Law Tribunal (NCLT) dated 05-02-2024 stating that the proceedings u/s.95 of Insolvency and Bankruptcy Code, 2016 are initiated in case of the assessee and a moratorium was issued in respect of any debt. However, upon examination, it was observed that the order of the NCLT is in respect of debt pertaining to Shreem Spa & Resorts Ltd., where the assessee is a personal guarantor. We are not initiating any new proceedings against the assessee, hence we have decided to proceed with the matter.
In the absence of any appearance by the assessee or their representative and given that there is no material available on record other
IT(ss)A Nos.376 & 377/Ahd/2019 and ITA No.1699/Ahd/2019 Asst. Years : 2011-12, 2012-13 & 2014-15 respectively 3
than what was submitted to the lower authorities, we have no option but to proceed with the matter based on the available records.
The Ld.CIT(A) has confirmed the additions made by the Assessing Officer (AO) on account of unexplained cash transactions. The detailed reasons provided by the Ld.CIT(A) in their orders are consistent with the provisions of the Income Tax Act, 1961, and have been thoroughly examined by us. There is no fresh evidence or argument put forth by the assessee to counter the findings of the lower authorities.
In light of the above, we find no merit in the appeals filed by the assessee. The conduct of the assessee in not appearing before this Bench despite several opportunities further supports the conclusion that the assessee is not interested in pursuing these appeals.
In view of the non-prosecution of the appeals and after considering all the facts and circumstances of the case, we dismiss these appeals for the Assessment Years 2011-12, 2012-13, and 2014-15. 8. In the result, all the three appeals filed by the Assessee are dismissed.
Order pronounced in the Open Court on 28 June, 2024 at Ahmedabad. (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER
Ahmedabad, Dated 28/06/2024 ट".सी.नायर, व."न.स./T.C. NAIR, Sr. PS
IT(ss)A Nos.376 & 377/Ahd/2019 and ITA No.1699/Ahd/2019 Asst. Years : 2011-12, 2012-13 & 2014-15 respectively
आदेश क" ""त"ल"प अ"े"षत/Copy of the Order forwarded to : 1. अपीलाथ" / The Appellant
""यथ" / The Respondent. 3. संबं"धत आयकर आयु"त / Concerned CIT 4. आयकर आयु"त ( अपील ) / The CIT(A)-11, Ahmedabad
"वभागीय ""त"न"ध , आयकर अपील"य अ"धकरण , राजोकट/DR,ITAT, Ahmedabad, 6. गाड" फाईल /Guard file.
आदेशानुसार/ BY ORDER,
स"या"पत ""त ////
सहायक पंजीकार (Asstt.