Caktus Properties Pvt. Ltd., Delhi v. ITO, New Delhi

ITA 3813/DEL/2013 | 2002-2003
Pronouncement Date: 21-11-2017 | Result: Dismissed

Appeal Details

RSA Number 381320114 RSA 2013
Assessee PAN AAACC5473C
Bench Delhi
Appeal Number ITA 3813/DEL/2013
Duration Of Justice 4 year(s) 5 month(s) 7 day(s)
Appellant Caktus Properties Pvt. Ltd., Delhi
Respondent ITO, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 21-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 21-11-2017
Date Of Final Hearing 20-07-2017
Next Hearing Date 20-07-2017
First Hearing Date 20-07-2017
Assessment Year 2002-2003
Appeal Filed On 14-06-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES B : DELHI BEFORE SHRI BHAVNESH SAINI JUDICIAL MEMBER AND SHRI L.P. SAHU ACCOUNTANT MEMBER ITA.NO.3813/DEL./2013 ASSESSMENT YEAR 2002-2003 M/S. CAKTUS PROPERTIES PVT. LTD. 2753/4 ZORAWAR SINGH MARG NEW DELHI 110 006. PAN AAACC5473C VS. THE INCOME TAX OFFICER WARD-3(2) NEW DELHI. (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI K. SAMPATH ADVOCATE FOR REVENUE : SHRI ARUN KUMAR YADAV SR. D.R. DATE OF HEARING : 20.11.2017 DATE OF PRONOUNCEMENT : 21.11.2017 ORDER PER BHAVNESH SAINI J.M. THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-VI NEW DELHI DATED 4 TH MARCH 2013 FOR THE A.Y. 2002-2003. 2. WE HAVE HEARD THE LEARNED REPRESENTATIVES OF BO TH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. 2 ITA.NO.3813/DEL./2013 M/S. CAKTUS PROPERTIES PVT. LT D. NEW DELHI. 3. LEARNED COUNSEL FOR THE ASSESSEE DID NOT PRESS GROUND NO.1 2 (A) AND (B) OF THE APPEAL. THE SAME ARE DIS MISSED AS NOT PRESSED. 4. THE ASSESSEE ON GROUND NO.2(C) HAS CHALLENGED T HE ADDITION OF RS.6 00 200 ON ACCOUNT OF SHARE CAPITAL AS UNEXPLAINED. THE A.O. PASSED THE ORDER DATED 23 RD DECEMBER 2011 UNDER SECTION 254/143(3) OF THE I.T. ACT. THE ASSESSEE CLAIMED TH AT ADDITION OF RS.6 00 200 WAS ACCEPTED BY THE HONBLE ITAT WHILE ACCEPTING THE APPEAL OF ASSESSEE AGAINST THE ORDER OF THE PENALTY UNDER SECTION 271(1)(C) OF THE I.T. ACT. THE A.O. NOTED THAT SUCH ISSUE WAS NEVER RAISED IN APPEAL BEFORE THE LD. CIT(A) SO THE QUES TION OF RELIEF DOES NOT ARISE. SIMILARLY SUCH ISSUE WAS ALSO NEVER TAK EN-UP BY THE ASSESSEE BEFORE THE TRIBUNAL IN ITS APPEAL AGAINST THE ASSESSMENT ORDER. THEREFORE NO RELIEF WAS EVER ALLOWED TO THE ASSESSEE BY THE APPELLATE AUTHORITIES. THE A.O. AS PER THE ASSESSME NT ORDER UNDER SECTION 144 OF THE I.T. ACT DATED 11.02.2005 MADE T HE ADDITION OF RS.6 00 200 WHICH WAS MADE THROUGH THE ORIGINAL ASS ESSMENT ORDER AS IT STILL STANDS. THE LD. CIT(A) NOTED IN HIS FI NDINGS THAT DURING QUANTUM PROCEEDINGS NEITHER THIS ISSUE WAS RAISED B EFORE LD. CIT(A) 3 ITA.NO.3813/DEL./2013 M/S. CAKTUS PROPERTIES PVT. LT D. NEW DELHI. OR BEFORE ITAT REGARDING ADDITION OF RS.6 00 200. T HEREFORE THE QUANTUM ADDITION MADE ON ACCOUNT OF SHARE CAPITAL I S FINAL AND HENCE THE SAME ISSUE CANNOT BE RE-ADJUDICATED IN T HE PRESENT PROCEEDINGS. LD. CIT(A) ACCORDINGLY CONFIRMED THE ADDITION. 5. AFTER HEARING RIVAL CONTENTIONS WE DO NOT FIND ANY MERIT IN THIS GROUND OF APPEAL OF THE ASSESSEE. IT IS AN ADM ITTED FACT THAT THE ABOVE ADDITION UNDER CHALLENGE WAS MADE BY THE A.O. IN THE ORIGINAL ASSESSMENT ORDER UNDER SECTION 144 DATED 11.02.2005 . THE ASSESSEE FILED APPEAL BEFORE LD. CIT(A) WHICH HAVE BEEN DECI DED VIDE ORDER DATED 16 TH SEPTEMBER 2009 AND THIS ISSUE HAVE NOT BEEN RAISE D BY THE ASSESSEE BEFORE THE LD. CIT(A) AND THE LD. CIT( A) HAS DISMISSED THE APPEAL OF ASSESSEE. THE ASSESSEE FURTHER FILED APPEAL BEFORE ITAT DELHI BENCH IN ITA.NO.4376/DEL./2009 WHICH WAS ALLO WED FOR STATISTICAL PURPOSES VIDE ORDER DATED 23 RD APRIL 2010 IN WHICH THE MATTER WAS REMANDED TO THE A.O. FOR COMPLETION OF T HE ASSESSMENT. THESE FACTS SUPPORTS THE FINDINGS OF THE AUTHORITIE S BELOW THAT THE ISSUE OF SHARE CAPITAL OF RS.6 00 200 WAS NEVER RAI SED EARLIER BEFORE THE LD. CIT(A) AS WELL AS BEFORE THE TRIBUNAL AND A DDITION HAS BECOME FINAL. THEREFORE THE A.O. IN THE PRESENT SET ASIDE PROCEEDINGS UNDER 4 ITA.NO.3813/DEL./2013 M/S. CAKTUS PROPERTIES PVT. LT D. NEW DELHI. SECTION 254/143(3) CORRECTLY DENIED RE-ADJUDICATION OF THE ADDITION VIDE ORDER DATED 23.12.2011. LEARNED COUNSEL FOR TH E ASSESSEE DID NOT DISPUTE THESE FACTS DURING THE COURSE OF ARGUME NTS THAT THIS POINT WAS NOT RAISED BEFORE THE LD. CIT(A) IN THE GROUNDS OF APPEAL IN THE FIRST APPELLATE PROCEEDINGS. THE SAME FACT HAS ALRE ADY BEEN MENTIONED BY THE LD. CIT(A) IN THE ARGUMENTS OF THE ASSESSEE THAT UNFORTUNATELY THIS ISSUE WAS NOT TAKEN-UP FOR WANT OF GROUND OF APPEAL. NO INFIRMITY HAVE BEEN POINTED OUT IN THE ORDERS O F THE AUTHORITIES BELOW. THIS GROUND OF APPEAL OF ASSESSE E IS ACCORDINGLY DISMISSED. 6. IN THE RESULT APPEAL OF ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (L.P. SAHU) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI DATED 21 ST NOVEMBER 2017 VBP/- 5 ITA.NO.3813/DEL./2013 M/S. CAKTUS PROPERTIES PVT. LT D. NEW DELHI. COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT B BENCH DELHI 6. GUARD FILE. //BY ORDER // ASST. REGISTRAR ITAT DELHI BENCHES DELHI.