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Mr. Goldy Narula. Flat No. 35, Pocket-01, Sector- 23, Rohini, New Delhi. Vs. ITO, Ward 21(1), New Delhi.
October, 07th 2019
                                                                        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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                                                                   ITA No.- 2956/Del/2016
                                                                        Mr. Goldy Narula.

       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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                                                                      Mr. Goldy Narula.




[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



                                     Page 4 of 20
                                                                    ITA No.- 2956/Del/2016
                                                                         Mr. Goldy Narula.

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

                                      Page 18 of 20
                                                                    ITA No.- 2956/Del/2016
                                                                         Mr. Goldy Narula.

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/-


                                        Page 19 of 20
                                                                  ITA No.- 2956/Del/2016
                                                                       Mr. Goldy Narula.

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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