Sh. Manish Pandey, Delhi V. ACIT, New Delhi

CO 185/DEL/2010

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 5496 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 20 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 08-12-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 07-12-2010
• Assessment Year: 2007-2008
• Appeal Filed On: 19-07-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PEEYUSH SONKAR
• Keywords: Salary income; Additional evidence
• Section: 143(3); 144

Judgement Text

ITA NO. 2516 & CO NO. 185/DEL/2010 A.Y. 2007-08 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E NEW DELHI BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T.A. NO. 2516/DEL/2010 A.Y. 2007-08 ACIT, CIRCLE-42(1), VS. SH. MANISH PANDEY, ROOM NO. 325, MAYUR BHAVAN, C/O RAJIV SAXENA & CO. , NEW DELHI POCKET-D, MAYUR VIHAR-II, DELHI AND C.O. NO. 185/DEL/2010 (IN ITA NO. 2516/DEL/2010) A.Y. 2007-08 SH. MANISH PANDEY, VS. ACIT, CIRCLE-42(1), C/O RAJIV SAXENA & CO., NEW DELHI POCKET-D, MAYUR VIHAR-II, DELHI [APPELLANT] (RESPONDENT) [APPELLANT] (RESPONDENT) [APPELLANT] (RESPONDENT) [APPELLANT] (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SH. PEEYUSH SONKAR, SR. D.R. ORDER ORDER ORDER ORDER PER PER PER PER SHAMIM YAHYA, A SHAMIM YAHYA, A SHAMIM YAHYA, A SHAMIM YAHYA, AM MM M THIS APPEAL BY THE REVENUE AND THE CROSS OBJECTION BY THE ASSESSEE EMANATE OUT OF ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) DATED 30.3.2010 AND PERTAINING TO ASSESSM ENT YEAR 2007-08. ITA NO. 2516 & CO NO. 185/DEL/2010 A.Y. 2007-08 2 REVENUES APPEAL REVENUES APPEAL REVENUES APPEAL REVENUES APPEAL 2. THE ISSUE RAISED IS THAT LD. COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION O F ` 10,00,000/- MADE IN ASSESSMENT ORDER PASSED U/S. 144 READ WITH SECTION 143(3) ON ACCOUNT OF UNEXPLAINED CASH DEPOSIT. 3. IN THIS CASE ASSESSING OFFICER NOTED THAT ASSESSEE HAS FIL ED RETURN OF INCOME FOR ASSESSMENT YEAR 2007-8 DECLARING INCOME OF ` 3,08,500/- COMPRISING INCOME FROM SALARY. DURING THE COURSE OF ASSESSMENT, IT WAS FURTHER FOUND THAT DURING THE FINANCIAL YEAR ASSESSE E HAS MADE CASH DEPOSITS OF ` 1216750/- IN HIS BANK ACCOUNT. ASSESSEE WAS ISSUED NOTICE IN VARIOUS OCCASIONS, BUT ASSESSEE DID NOT APPEAR BEFORE THE ASSESSING OFFICER, THEREFORE, ASSESSING OFFICER ADDED ` 1216750/ - AS UNEXPLAINED CASH DEPOSITS IN THE TOTAL INCOME OF THE ASSESSEE. 4. BEFORE THE LD. COMMISSIONER OF INCOME TAX (APPEA LS) ASSESSEE MADE VARIOUS SUBMISSIONS/EVIDENCES. CONSIDERING THE SAME LD. COMMISSIONER OF INCOME TAX (APPEALS) HELD THAT ASSESSEE EXPLAINED BEFORE HIM ALONGWITH NECESSARY DOCUMENTARY EVIDENCE THAT THE CASH DEPOSIT OF ` ;10,00,000/- IN HIS BANK ACCOUNT IS IN FACT TWO HOUSING LOANS RECEIVED BY HIM FROM AIR FORCE BENEVOLENT ASSOCIATION AND AIR FORCE GROUP INSURANCE S OCIETY. HENCE, LD. COMMISSIONER OF INCOME TAX (APPEALS) DELETED THE ADDIT ION OF ` 10,00,000/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF UNEXPLAINE D CASH DEPOSIT. 5. AGAINST THIS ORDER THE REVENUE IS IN APPEAL BEFORE US. 6. IT HAS BEEN VEHEMENTLY ARGUED BY THE LD. DEPARTM ENTAL REPRESENTATIVE THAT ASSESSEE HAS NOT MADE ANY COMPLIANCE TO ANY OF THE NOTICES ISSUED BY THE ASSESSING OFFICER. ALL SUBMISSIONS AND ADDITIONAL EVIDENCES WERE PRODUCED BEFORE THE LD. COMMISSIONER OF INCOME TAX (APPEALS). ITA NO. 2516 & CO NO. 185/DEL/2010 A.Y. 2007-08 3 7. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RECORDS. NONE APPEARED ON BEHALF OF THE ASSESSEE. IN OUR CONSIDERED OPINION, THE I SSUE CAN BE ADJUDICATED WITHOUT HEARING THE ASSESSEE. WE FIND THA T IT IS CLEAR THAT ASSESSEE HAS NOT APPEARED BEFORE THE ASSESSING OFFICER AND HIS SUBMISSIONS AND EVIDENCES WERE SUBMITTED BEFORE THE LD. COMMISSIONE R OF INCOME TAX (APPEALS) FOR THE FIRST TIME. ASSESSING OFFICER DID N OT HAVE ANY OPPORTUNITY TO EXAMINE THESE DOCUMENTS. UNDER THE CIRCUMSTANCES, IN THE INTEREST OF JUSTICE, WE REMIT THIS ISSUE TO THE FILES OF THE ASSESSING OFFICER TO CONSIDER THE SAME AFRESH, IN LIGHT OF THE SUBMISSIONS AND EVIDENCE S FILED BY THE ASSESSEE BEFORE THE LD. COMMISSIONER OF INCOME TAX (APPEA LS). NEEDLESS TO ADD THAT THE ASSESSEE SHOULD BE GIVEN ADEQUATE OPPORTUNI TY OF BEING HEARD. IN THE RESULT, THE REVENUES APPEAL IS ALLOWED FOR STAT ISTICAL PURPOSES. ASSESSEES CROSS OBJECTION ASSESSEES CROSS OBJECTION ASSESSEES CROSS OBJECTION ASSESSEES CROSS OBJECTION 8. THE CROSS OBJECTION FILED BY THE ASSESSEE IS SUPPORTIVE OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)S ORDER. SINCE W E HAVE ALREADY REMITTED THE MATTER TO THE FILES OF THE ASSESSING OFFICE R TO CONSIDER THE ISSUE AFRESH, IN THE REVENUES APPEAL, HENCE, THE CROSS OBJ ECTION FILED BY THE ASSESSEE HAS BECOME INFURCTUOUS AND IS DISMISSED AS SUCH. 9. IN THE RESULT, THE REVENUES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES AND CROSS OBJECTION IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07/12/201 0 UPON CONCLUSION OF HEARING. SD/- SD/- [R.P. TOLANI] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATE 07/12/2010 SRB COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. D R, ITAT TRUE COPY BY ORDER, ITA NO. 2516 & CO NO. 185/DEL/2010 A.Y. 2007-08 4 DEPUTY REGISTRAR, ITAT, DELHI BENCHES