KALASH BUILDTECH PVT. LTD.,GHAZIABAD vs. ITO, WARD- 14(1), NEW 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 held that the assessee failed to discharge the burden of proving the genuineness of the lenders for unsecured loans. In the absence of substantial contrary evidence, the findings of the tax authorities were upheld.
What were the facts?
The assessee filed an appeal against an order of the CIT(A) which upheld the assessment order. The assessee failed to appear for hearings on multiple occasions, and the Revenue's representative supported the lower authorities' findings.
What were the issues?
Whether the assessee discharged its burden to establish the genuineness of the source of unsecured loans as cash credits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “C”: NEW DELHI
Before: SHRI N. K. BILLAIYA & SHRI ANUBHAV SHARMA
PER ANUBHAV SHARMA, J. M.:
The appeal has been filed by the Assessee against order dated 21.07.2017 Appeal no. Del/CIT(A)-5/0297/2016-17 for assessment year 2013-14, passed by the Commissioner of Income Tax (Appeals)-5, Delhi (hereinafter referred to as the First Appellate Authority or in short ‘Ld. F.A.A.’) in regard to the appeal before it arising out of assessment order dated 04.03.2016 u/s 143(3) of I.T. Act, 1961 (hereinafter referred to as ‘the Act’) passed by ITO, Ward- 14(1), Delhi (hereinafter referred as Ld. Assessing officer or in short Ld. AO).
The case of the assessee was called for hearing and none appeared for the assessee. The record shows that none has appeared for the assessee often on earlier occasion and on last date of hearing dated 07.02.2023 adjournment was sought by the ld counsel for the Kalash Buildtech Pvt. Ltd assessee on the basis that the assessee has not provided necessary documents. Similar requests was received on 10.08.2022. No more opportunity is justifiable. Argument of ld DR were heard, who supported the findings of the Tax Authorities below.
It can be appreciated that primarily the grounds involved the none admission of the additional evidence and sustenance of unsecured loan not established on basis of the genuineness of the source and added u/s 68 of the Act as cash credits.
There is nothing on record to show that the alleged confirmation made available to the ld CIT(A) had sufficient details to establish the genuineness of the lenders which have been ignored. The Tax Authorities below have primarily proceeded on the failure of the assessee to discharge the burden to establish the genuineness of the source of lenders and in the absence of any substantial evidence to the contrary, at this stage, the findings of the Tax Authorities below cannot be interfered.
In the result the appeal of the assessee is dismissed. Order pronounced in the open court on 23/03/2023. - - (N. K. BILLAIYA) JUDICIAL MEMBER Dated: 23/03/2023 A K Keot
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