ITA No.- 2956/Del/2016
Mr. Goldy Narula.
IN THE INCOME TAX APPELLATE TRIBUNAL
(DELHI BENCH: `E': NEW DELHI)
BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER
AND
SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER
ITA No:- 2956/Del/2016
(Assessment Year: 2010-11)
Mr. Goldy Narula. ITO,
Flat No. 35, Pocket-01, Sector- Vs. Ward 21(1),
23, Rohini, New Delhi. New Delhi.
PAN No: AAGPN0116Q
APPELLANT RESPONDENT
Assessee by : None
Revenue by : Ms. Rakhi Vimal, Sr. DR
ORDER
PER ANADEE NATH MISSHRA, AM
[A]. This appeal has been filed by the assessee against the impugned appellate order
dated 29.03.2016 passed by Learned Commissioner of Income Tax (Appeals)-32, New
Delhi [in short, "Ld.CIT(A)"] pertaining to Assessment Year 2010-11. The Assessee has
raised following grounds of appeal:-
"1. That the Ld. CIT(A) has erred in misunderstanding the facts of the case.
2. That the Ld. CIT(A) has further erred in confirming the addition of Rs.
6,175,000/- which pertained cash deposited out of the Advance (bayana) receipts
u/s 69 of ITA, 1961 as unexplained cash deposits, despite the explanation, duly
supported by documents and records submitted.
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3. Any other ground before or at the time of hearing."
[B]. Vide Assessment Order dated 14.03.2013 passed u/s 143(3)/ 147 of the Income
Tax Act, 1961 (in short "the Act"). In this Assessment Order, cash deposits in
assessee's Saving Bank Account in Axix Bank Ltd., Rohini; amounting to a total of Rs.
98,91,490 was added to the assessee's returned income. The relevant portion of the
Assessment Order is reproduced as under:-
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[C] Assessee preferred appeal before the Ld. CIT(A) against the aforesaid
Assessment Order dated 14.03.2013. Vide aforesaid impugned appellate order dated
29.03.2016, the Ld. CIT(A) sustained addition of Rs. 61,75,000/- out of the aforesaid
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amount of Rs. 98,91,490/- and deleted the remaining amount of Rs. 37,16,490/-. The
relevant portion of the order of the Ld. CIT(A) is reproduced as under:-
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[D] This present appeal has been filed by the assessee against the aforesaid
impugned appellate order dated 29.03.2016 of the Ld. CIT(A). At the time of hearing,
Revenue was represented by Ms. Rakhi Vimal, the learned Senior Departmental
Representative ("Ld. Sr. DR", for short). However, none was present from the
assessee's side. In the absence of any representation from assessee's side, at the time
of hearing before us, we heard the Ld. Sr. DR; who relied upon the order dated
14.03.2013 of the Assessing Officer and the aforesaid impugned order dated
29.03.2016 of the Ld. CIT(A). After perusal of the materials on record, including the
order of the AO and the aforesaid impugned order dated 29.03.2016 of the Ld. CIT(A),
we find that the Ld. CIT(A) has passed speaking order on merits. Relevant portion of
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the impugned order of the Ld. CIT(A) has already been reproduced in foregoing
paragraph [C] of this order. We find that the Ld. CIT(A) has given detailed reasons for
his decision on merits in the aforesaid impugned appellate order dated 29.03.2016 of
Ld. CIT(A). During appellate proceedings in Income Tax Appellate Tribunal ("ITAT", for
short) no material has been brought for our consideration to persuade us to take a view
different from the view taken by the Ld. CIT(A) in the impugned order on merit. After
hearing the Ld. Sr. DR and after perusal of materials on record, and further, in view of
the foregoing discussion, we decline to interfere with the aforesaid impugned appellate
order dated 29.03.2016 of Ld. CIT(A).
[E] In view of the foregoing discussion, the appeal filed by assessee is dismissed.
Before we part; we explicitly clarify that the assessee will be at liberty to
approach ITAT for restoration of the appeal in accordance with Proviso to
Rule 24 of Income Tax (Appellate Tribunal), Rules, 1963. If the assessee
does approach ITAT for restoration of the appeals in ITAT, the matter will be
considered in accordance with law having regard to the facts and
circumstances.
[F] In the result, appeal filed by Assessee is dismissed.
Order pronounced in the open court on 04/10/19.
Sd/- Sd/-
(AMIT SHUKLA) (ANADEE NATH MISSHRA)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 04/10/19
Pooja/-
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Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
ITAT NEW DELHI
Date of dictation
Date on which the typed draft is placed before the
dictating Member
Date on which the typed draft is placed before the
Other Member
Date on which the approved draft comes to the Sr.
PS/PS
Date on which the fair order is placed before the
Dictating Member for pronouncement
Date on which the fair order comes back to the Sr.
PS/PS
Date on which the final order is uploaded on the
website of ITAT
Date on which the file goes to the Bench Clerk
Date on which the file goes to the Head Clerk
The date on which the file goes to the Assistant
Registrar for signature on the order
Date of dispatch of the Order
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