Sujeet Kumar Vs ITO (ITAT Delhi)
ITAT upholds addition for allegedly Gift from father-in-law
Briefly the fact are, in course of assessment proceedings, the Assessing Officer noticed that the assessee has shown gift of Rs. 2,50,000/-, allegedly received from father-in-law. When the assessee was called upon to prove the identity, creditworthiness and genuineness of the gift with cogent evidence, the assessee failed to do so. Therefore, the Assessing Officer treated the amount as unexplained cash credit under section 68 of the Act and added back to the income of the assessee. In absence of any credible evidence, learned first appellate authority confirmed the addition.
Having considered the submissions of learned Departmental Representative that the assessee has not furnished any cogent evidence to prove the alleged receipt of gift from father-in-law, ITAT decline to interfere with the decision of learned first appellate authority.
FULL TEXT OF THE ORDER OF ITAT DELHI
This is an appeal by the assessee against order dated 31.03.2015 of learned Commissioner of Income Tax Appeals), Hissar, for the assessment year 2005-06.
2. When the appeal was called out, none appeared on behalf of the assessee despite notice. Even, there is no application seeking adjournment. On perusal of record, it is observed that though, the appeal has been listed on multiple occasions, however, assessee never cared to appear. Due to repeated non-appearance of the assessee, the appeal was earlier dismissed for non-prosecution vide order dated 04.10.2014. Subsequently, based on a miscellaneous application filed by the assessee, the appeal order was recalled and appeal was restored to its original number. However, even after the restoration of the appeal, the assessee has never appeared. The last notice sent to the assessee by speed post has returned back unserved with the postal remark that “premises was found to be locked”. Since, there is absolute lack of interest and inquiry by assessee regarding the appeal filed by him, it can be safely assumed that the assessee is no more interested in prosecuting the appeal. Therefore, we proceed to dispose of the appeal ex-parte qua the assessee after hearing learned Departmental Representative and based on materials available on record.
