M/S AKSHIT ENTERPRISES,LUDHIANA vs. ITO, W-7(1), LUDHIANA
What did the Tribunal hold?
The Tribunal held that while the assessee had been uncooperative, there was a valid reason for not attending the last hearing before the CIT(Appeals). Therefore, in the interest of justice, the appeal was restored to the CIT(Appeals) for a fresh hearing.
What were the facts?
The assessee received advances totaling Rs. 46,00,000/- and had additions to partner's capital amounting to Rs. 90,97,000/-. The assessee failed to provide supporting documentation for these transactions during assessment and appellate proceedings.
What were the issues?
Whether the CIT(Appeals) erred in dismissing the appeal without granting adequate opportunity of hearing due to the assessee's counsel being hospitalized.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DIVISION BENCH ‘A’, CHANDIGARH
Before: MS.DIVA SINGH & MS.ANNAPURNA GUPTA
IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH ‘A’, CHANDIGARH BEFORE MS.DIVA SINGH, JUDICIAL MEMBER AND MS.ANNAPURNA GUPTA, ACCOUNTANT MEMBER
ITA No.1598/Chd/2017 (Assessment Year : 2012-13) M/s Akshit Enterprises, Vs. The Income Tax Officer, House No.198, Mall Enclave, Ward 7(1), Civil Lines, Ludhiana. Ludhiana. PAN: AAJFR7626N (Appellant) (Respondent)
Appellant by : Shri Sudhir Sehgal, Adv. Respondent by : Shri Kultej Singh Bains, Addl.CIT Date of hearing : 09.04.2018 Date of Pronouncement : 20.04.2018
ORDER PER ANNAPURNA GUPTA, A.M.: This appeal has been preferred by the assessee against
the order of Ld. Commissioner of Income Tax (Appeals)-3,
Ludhiana (hereinafter referred to as (‘Ld.CIT(Appeals)’)
dated 21.9.2017 relating to assessment year 2012-13.
Brief facts of the case is that the assessee firm derives
income from Trading of Yarn & cloth. Return of income in
this case was filed at Rs.29,010/-.Thereafter during the
course of assessment proceedings it was found by the
Assessing Officer that the assessee has received advances
at Rs.46,00,000/- details of which are as under:
S.No. Description Amount received 1. Advance against agricultural land Rs. 6,00,000/- 2. Ludhiana Scrips Pvt. Ltd. Rs. 20,00,000/- 3. Land sale (Dilbag Singh) Rs.20,00,000/- The assessee was asked to explain this nature and
purpose of loans of Rs.46,00,000/- received during the
year under consideration. In response to this the assessee
stated that Rs.20 lacs has been received from Sh. Dilbag
Singh as advances against sale of land, Rs. 6Lac has been
received as advance against sale of agricultural land and
Rs.20 lacs also received as advance against sale of land
from M/s Ludhiana Scrips Pvt. Ltd. Neither the
details/location of land against which said advances were
claimed to have been received nor confirmation from the
parties were furnished by the assessee. The assessee was
again asked to furnish ITR and relevant bank statements
to prove the identity, creditworthiness of the persons and
genuineness of transaction. But assessee failed to prove.
Therefore, sum of Rs.46,00,000/- was added to the income
of the assessee as his income from undisclosed sources
u/s 68 of the Income Tax Act, 1961.Further it was noticed
by the Assessing Officer that there was addition of
Rs.88,00,000/- in the capital of the partner, Sh.Rajesh
Gupta and Rs.2,97,000/- in the capital of Smt. Kajal
Gupta, partner during the year under consideration. The
assessee was asked to furnish the documentary evidence
regarding additions made in the capital. No documentary
evidence in support of the said claim was furnished by
the assessee as required. Therefore the Assessing Officer
made addition of the same to the income of the assessee
amounting to Rs.90,97,000/-(8800000+297000) as income
from undisclosed sources u/s 68 of the Income Tax Act,
1961.
The matter was carried in appeal before the Ld.CIT(A),
who decided and dismissed the assessee’s appeal after
dealing with all the grounds raised on the basis of
documents available with him, on account of non
cooperative attitude of the assessee during appellate
proceedings.
Aggrieved by the same, the assessee has come up in
appeal before us.Ground No.1 raised by the assesse reads
as under:
“1. That the worthy Commissioner of Income Tax (Appeals) – III, Ludhiana has erred in confirming the addition of Rs.1,36,97,000/- (Rupees One Crore Thirty Six Lacs Ninety Thousands Only) u/s 68 of Income Tax Act, 1961 and misinterpreting the letter as stated in the Order that the new Counsel of the Appellant did not enclose the Medical Certificate, whereas he first appeared on 08.08.2017 and was operated for some severe problem on 20.09.2017 i.e. the date of hearing and the Certificate of AMC Bassi Hospital, Ludhiana for his admission to Hospital for operation TURP was enclosed. Since, he was admitted to Hospital and was operated on the same day i.e. the date of hearing was advised rest and non-giving of adjournment and opportunity to present the case is against all canons of equity for justice.” 5. The assessee in the above ground has challenged the
dismissal of its appeal on the ground that adequate
opportunity of hearing was not given to it.Vis-à-vis the
above ground the Ld. counsel for assessee stated that the
hearing before the CIT(Appeals) could not be attended by
the assessee for the reason that the father of the earlier
counsel for the assessee Shri Adarsh Bansal, CA was ill and
admitted in hospital on 14.11.2016 because of which
adjournment was sought in the hearing of the appeal on
15.11.2016. Further it was pointed out that a new counsel
was appointed by the assessee Shri S.P Sharma, who was
also admitted in hospital for operation on 20.9.2017 and
was discharged only on 22.9.2017 from the hospital on
account of which the hearing of the appeal could not be
attended on 20.9.2017 when the case was finally heard by
the CIT(Appeals) after refusing to grant any further
adjournment to the assessee and was decided by the
CIT(Appeals) on the basis of evidences and records available
with him. The Ld. counsel for assessee stated that though
admittedly adjournment had been sought time and again by
the assessee on various occasions but on the last occasion
i.e. on 20.9.2017 the Ld. counsel for assessee was in no
position to attend the case being admitted in hospital. The
Ld. counsel for assessee pleaded that in the interest of
justice the assessee be granted an opportunity of hearing so
as to present its case before the CIT(Appeals). The Ld.
counsel for assessee stated at Bar that it would fully
cooperate in the appellate proceedings and seek no further
adjournment.
The Ld. DR, on the other hand, stated that in view of
the non-cooperative attitude of the assessee during
appellate proceedings, the granting of further opportunity
of hearing before the Ld.CIT(Appeals) was not warranted
and justified.
We have heard the contentions of both the parties and
have also gone through the orders of authorities below.
Undisputedly, the assessee has not cooperated in the
appellate proceedings seeking adjournment on various
occasions as detailed at para 3.2 of the order of the
CIT(Appeals) also. We also take note of the fact that on the
last date of hearing i.e. 20.9.2017 when again adjournment
was sought by the assessee, the Ld.CIT(Appeals) refused the
same in the light of the frequent adjournments sought
earlier and thereafter, proceeded to decide the case. Now
taking note of the fact that the assessee has adequately
demonstrated before us that for reasons beyond its control
the hearing of the appeal could not attended on one
occasion and also on the last date of hearing, and further
considering that no prejudice would be caused to the
Revenue nor would the assessee derive any undue
advantage if the assessee is granted a fresh opportunity of
hearing before the CIT(Appeals), we consider it fit, in the
interest of justice , to restore the appeal back to the
CIT(Appeals) to decide the same afresh after giving due
opportunity of hearing to the assessee. We may add that
the assessee is directed to take due care to assist in
expediting the hearing of appeal at the earliest, failing
which the CIT(Appeals) would be at liberty to dispose off
the appeal as he deems fit. .
In the result, the appeal of the assessee is allowed for
statistical purposes.
Order pronounced in the Open Court. Sd/- Sd/- (DIVA SINGH) (ANNAPURNA GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 20th April, 2018
*Rati* Copy to: 1. The Appellant 2. The Respondent 3. The CIT(A) 4. The CIT 5. The DR Assistant Registrar, ITAT, Chandigarh
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
Recent GST High Court judgments
Search GST case law →- Sureshchandra Moolchand Shah vs. State Of GujaratGujarat · 27 Oct 2026
- M/S Larsen And Toubro Limited vs. Joint Commissioner Of Central GST And Anr.Delhi · 27 Oct 2026
- T C Global INDIA Private Limited vs. Principal Commissioner Of Central GST, North DelhiDelhi · 27 Oct 2026
- Kamlasana Impex Private Limited vs. Director General Of GST Intelligence (Hq) Delhi) & Anr.Delhi · 27 Oct 2026
- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026