RAJESH KUMAR,GHAZIABAD vs. ACIT CIRCLE 56(1), NEW DELHI

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ITA 2157/DEL/2019Status: HeardITAT Delhi23 June 2023AY 2012-135 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 upheld the penalty order and the order of the CIT(A). The assessee failed to appear before the lower authorities and the Tribunal, providing no explanation for the additions made.

What were the facts?

The assessee filed a return of income which was processed, and later an assessment was completed ex-parte. A penalty was imposed, and the CIT(A) dismissed the assessee's appeal. The assessee then appealed to the ITAT.

What were the issues?

Whether the penalty imposed was justified given the assessee's non-appearance and lack of explanation for cash deposits. Whether the CIT(A) had jurisdiction to decide the appeal.

Which sections of the Income-tax Act were involved?

Section 144,Section 271(1)(c),Section 69

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, [ DELHI BENCH: ‘F’ NEW DELHI ]

Before: SHRI SHAMIM YAHYA & SHRI YOGESH KUMAR U.S.

For Respondent: Ms. Beenu, Sr. DR
Hearing: 21.06.2023Pronounced: 23.06.2023

The present appeal has been filed by the assessee against the order dated 07/01/2019 passed by the ld. Commissioner of Income Tax (Appeals)-38 (hereinafter referred to CIT (Appeals) Delhi, for assessment year 2012-13.

2.

The grounds of Appeal are as under:-

“That the order in bad in law and facts of the case. The Ld. CIT(A) has no jurisdiction to decide the appeal.”

3.

None appeared for the assessee. As per the direction of the Tribunal, the Department has served the notice to the Assess see and filed a report dated 26/09/2022 providing the proof of service of notice to the Assessee. It is found from the order sheet that the assessee remained absent for five consecutive hearing dates. Considering the above facts and circumstances, we deem it fit to hear the Ld. Departmental Representative, verify the material on record and decide the matter.

4.

Brief facts of the case are that, the assessee filed return of income declaring total income at Rs. 5,51,100/- which was processed u/s 143(1) of the income Tax Act (‘Act’ for short) later assessment was completed ex-parte u/s 144 of the Act at an income of Rs. 32,16,100/- as against the returned income of Rs. 5,51,100/-. Pursuant to the assessment order, a penalty order came to be passed on 30/09/2015 u/s 271(1)(c) of the Act. Aggrieved by the penalty order dated 30/09/2015, the assessee preferred an Appeal before the CIT(A).

The Ld. CIT(A) vide order dated 07/01/2019 dismissed the Appeal filed by the assessee.

5.

As against the order of the CIT(A) dated 07/01/2019, the assessee preferred the present appeal on the ground mentioned above.

6.

The Ld. Departmental Representative submitted that though the several opportunities have been given to the assessee by the A.O. during the assessment proceedings the assessee chose not to appear. The Ld. DR relying on the orders of the Lower Authorities submitted that the assessee should not be given any lenience who has failed to appear before the Lower authorities and even before the Tribunal, therefore, the Appeal of the Assessee liable to be dismissed.

7.

We have heard the parties, perused the material. The assessment order came to be passed u/s 144 since the assessee failed to participate in the assessment proceeding and an addition of Rs. 26,65,000/- was made u/s 69 of the Act. Further the assessee had failed to appear during the penalty proceedings, therefore, the impugned order of penalty came to be passed against the assessee. Even before the appellate proceedings, the assessee failed to appear in spite of several opportunities given to the assessee. Further even before us, either the assessee or the representative of the assessee not appeared and brought anything on record in support of the defense of the Assessee. Further, the assessee has not furnished any details or submissions providing explanation against the allegation of large amount of cash deposit in the bank account of the assessee either before the Lower Authorities or before us. We have also gone through the penalty proceedings initiated by the A.O. and found that the assessee has committed violation of statutory mandate placed upon him and the Assessee failed to offer any explanation with regard to addition made in the assessment order u/s 143(3) of the Act dated 30/03/2015. Thus, we are of the opinion that the penalty proceedings initiated by the A.O. which was confirmed by the CIT(A) found to be in order.

Considering the above facts and circumstances, we find no error or infirmity in the penalty order and the order of the CIT(A) accordingly, we find no merit in the grounds of Appeal of the assessee.

8.

In the result, the Appeal filed by the assessee is dismissed.

Order pronounced in the open court on : 23/06/2023.

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