2025 (1) TMI 282 - AT - Income Tax

Assessment reopening under section 147 upheld due to assessee's non-cooperation and failure to explain investment sources under section 69

Sureshbhai Raghubhai Thorat, Valsad Versus The ITO, Ward – 7, Vapi

ITAT dismissed the appeal where assessee failed to respond to multiple hearing opportunities before AO, CIT(A), and Tribunal regarding reopening of ... Reopening of assessment u/s 147 - addition u/s 69 - assessee did not comply to the notices issued - HELD THAT:- In the appellant proceedings before CIT(A), three opportunities of hearing were provided which remained unattended. Due to non-prosecution of appeal and failure to support the grounds of appeal by corroborative submissions, the appeal was dismissed. Before us, the appellant was provided four opportunities of hearing. The assessee did not respond to the calls and reminders of his Counsel. He also did not respond to the notices issued by us nor any written submission was made. Thus, we find that assessee has no material to support the grounds raised by him; otherwise, there was no reason for the silence of the assessee before the AO, CIT(A) and the Tribunal. In absence of explanation regarding nature and source of investment, the addition u/s 69 of the Act by the AO, which has been confirmed by CIT(A), does not require any interference. Hence, the grounds are dismissed. 1. ISSUES PRESENTED and CONSIDEREDThe legal judgment involves the following core issues:Whether the Commissioner of Income Tax (Appeals) [CIT(A)] erred in dismissing the appeal due to non-compliance by the appellant to the notices for hearing.Whether the reassessment proceedings initiated under sections 147 and 144 of the Income-tax Act, 1961, based on an allegedly invalid notice under section 148, were valid.Whether the principles of natural justice, equity, and fairness were violated in the completion of the assessment under section 144 of the Act.Whether the addition of Rs. 4,10,00,000/- as unexplained investment under section 69 of the Act was justified.2. ISSUE-WISE DETAILED ANALYSISIssue 1: Dismissal of Appeal for Non-ComplianceLegal Framework and Precedents: The inherent power of Tribunals to dismiss appeals for non-compliance is supported by precedents such as M/s Chemipol vs. UOI and New India Assurance vs. Srinivasan, which establish that judicial bodies possess the power to dismiss cases when parties fail to appear or prosecute.Court's Interpretation and Reasoning: The Tribunal observed that the appellant failed to respond to multiple notices and did not provide any written submissions or request for adjournments, indicating a lack of intent to pursue the appeal.Key Evidence and Findings: The appellant did not appear for hearings or submit any evidence to support the appeal, leading to the conclusion that there was no material to support the grounds raised.Application of Law to Facts: The Tribunal applied the principle that an appeal must be effectively pursued by the appellant, which was not the case here, justifying the dismissal.Treatment of Competing Arguments: The Tribunal noted the absence of any competing arguments or submissions from the appellant.Conclusions: The appeal was dismissed due to non-compliance and lack of prosecution by the appellant.Issue 2: Validity of Reassessment ProceedingsLegal Framework and Precedents: Sections 147 and 148 of the Income-tax Act govern the initiation of reassessment proceedings based on new information or failure to disclose fully and truly all material facts.Court's Interpretation and Reasoning: The Tribunal upheld the validity of the reassessment proceedings, noting that the appellant failed to challenge the validity of the notice or provide any evidence to counter the proceedings.Key Evidence and Findings: The reassessment was initiated based on a notarized agreement indicating an unexplained investment, which the appellant did not contest.Application of Law to Facts: The Tribunal found that the procedural requirements for reassessment were met, and the appellant's non-compliance further weakened any challenge to the proceedings.Treatment of Competing Arguments: The appellant did not present any arguments against the reassessment proceedings.Conclusions: The reassessment proceedings were deemed valid, and the grounds challenging them were dismissed.Issue 3: Violation of Principles of Natural JusticeLegal Framework and Precedents: The principles of natural justice require fair hearing and opportunity to present one's case.Court's Interpretation and Reasoning: The Tribunal noted that multiple opportunities for hearing were provided to the appellant, which were not availed.Key Evidence and Findings: The appellant's non-compliance with the notices and failure to appear for hearings undermined any claim of violation of natural justice.Application of Law to Facts: The Tribunal concluded that the appellant was given sufficient opportunity to be heard, satisfying the requirements of natural justice.Treatment of Competing Arguments: No competing arguments were presented by the appellant regarding this issue.Conclusions: The Tribunal dismissed the claim of violation of natural justice.Issue 4: Addition of Unexplained InvestmentLegal Framework and Precedents: Section 69 of the Income-tax Act allows for the addition of unexplained investments to the total income if the source is not satisfactorily explained.Court's Interpretation and Reasoning: The Tribunal upheld the addition, noting the appellant's failure to explain the source of the investment.Key Evidence and Findings: The appellant did not provide any evidence or explanation for the investment of Rs. 4,10,00,000/-, leading to its classification as unexplained.Application of Law to Facts: The Tribunal applied Section 69, finding the addition justified due to the lack of evidence from the appellant.Treatment of Competing Arguments: The appellant did not present any arguments or evidence to contest the addition.Conclusions: The addition of Rs. 4,10,00,000/- as unexplained investment was upheld.3. SIGNIFICANT HOLDINGSVerbatim Quotes of Crucial Legal Reasoning: 'The dismissal, therefore, is an inherent power which every Tribunal possesses.' This emphasizes the Tribunal's authority to dismiss cases for non-compliance.Core Principles Established: The judgment reinforces the necessity for appellants to actively pursue their appeals and comply with procedural requirements. It also upholds the validity of reassessment proceedings initiated under sections 147 and 148 when procedural requirements are met.Final Determinations on Each Issue: The appeal was dismissed due to non-compliance and lack of prosecution. The reassessment proceedings were deemed valid, and the addition of Rs. 4,10,00,000/- as unexplained investment was upheld.