Manju Singh, Noida V. ITO, Ward-2(2), Noida

ITA 07/DEL/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8459 (ITAT-DELHI)
• Duration Of Justice: 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-10-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 01-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: EKTA VISHNOI
• Assessee Lawyers: AJITH SHA RMA
• Keywords: Opportunity of being heard; Reassessment proceedings
• Section: 143(3); 148

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI SMC B ENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ITA NO. 07/DEL/2019 [A.Y 2009-10] MS. MANJU SINGH VS. THE INCOME TAX OFFICER J 14, SECTOR - 41 WARD 2(2) NOIDA NOIDA PAN: ATEPS 4014 P (APPLICANT) ( RESPONDENT) ASSESSEE BY : SHRI AJITH SHA RMA, CA DEPARTMENT BY : MS. EKTA VISHNOI , SR. DR DATE OF HEARING : 07.10.2019 DATE OF PRONOUNCEMENT : 07.10.2019 ORDER THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX [APPEALS] - 1, NOIDA DAT ED 29.06.2018 PERTAINING TO ASSESSMENT YEAR 2009-10. 2 2. THE ASSESSEE HAS RAISED SEVERAL GROUNDS OF APPEA L ALONGWITH ADDITIONAL GROUNDS OF APPEAL. HOWEVER, THE SUM AND SUBSTANCE OF THE GRIEVANCES OF THE ASSESSEE IS THAT THE ASSESSING OF FICER ERRED IN FRAMING THE ASSESSMENT U/S 143(3) R.W.S 147 OF THE INCOME T AX ACT, 1961 AND MAKING ADDITION OF RS. 15 LAKHS WHEREAS THE REASONS FOR REOPENING THE ASSESSMENT WAS IN RESPECT OF PURCHASE OF IMMOVABLE PROPERTY OF RS. 34.50 LAKHS. 3. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT A S PER NON PAN AIR INFORMATION, THE ASSESSING OFFICER CAME TO KNOW THA T THE ASSESSEE HAS PURCHASED IMMOVABLE PROPERTY FOR RS. 34.50 LAKHS DU RING THE F.Y. UNDER CONSIDERATION. NOTICE U/S 148 OF THE ACT WAS ISSUED AND SERVED UPON THE ASSESSEE. REASONS FOR REOPENING THE ASSES SMENT WERE THE AIR INFORMATION IN RESPECT OF PURCHASE OF IMMOVABLE PRO PERTY OF RS. 34.50 LAKHS. 4. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSING OFFICER SOUGHT EXPLANATION FROM THE ASSESSEE REGARD ING THE SOURCE OF PURCHASE OF IMMOVABLE PROPERTY. IN HIS REPLY, THE ASSESSEE STATED THAT HE HAS TAKEN UNSECURED LOAN OF RS. 50 LAKHS FROM SH RI VIJAY TEHALANI, OUT OF WHICH RS. 35 LAKHS WAS TAKEN IN F.Y. 2007-08 AND RS. 15 LAKHS 3 WAS RECEIVED DURING THE CURRENT F.Y. COPY OF BANK STATEMENTS WAS FURNISHED. HOWEVER, FOR SOME REASON, THE ASSESSEE AGREED TO SURRENDER RS. 15 LAKHS AND THE ASSESSING OFFICER CO MPLETED THE ASSESSMENT BY MAKING ADDITION OF RS. 15 LAKHS, WHIC H WAS CONFIRMED BY THE LD. CIT(A) BY GIVING SOME ILLOGICAL AND ABSURD REASONS. 5. BEFORE ME, THE LD. COUNSEL FOR THE ASSESSEE STAT ED THAT THE REASSESSMENT PROCEEDINGS WERE INITIATED TO EXAMINE THE SOURCE OF PURCHASE OF IMMOVABLE PROPERTY OF RS. 34.50 LAKHS W HEREAS THE ASSESSING OFFICER HAS MADE ADDITION OF RS. 15 LAKHS STATING THAT THE SAID AMOUNT WAS SURRENDERED BY THE ASSESSEE DURING THE A SSESSMENT PROCEEDINGS. THE LD. COUNSEL FOR THE ASSESSEE STAT ED THAT THE BANK STATEMENTS WERE FURNISHED BEFORE THE ASSESSING OFFI CER AND ALSO BEFORE THE LD. CIT(A), BUT NONE OF THEM EXAMINED THOSE STA TEMENTS. 6. ON THE OTHER HAND, THE LD. DR SUPPORTED THE FIND INGS OF THE LOWER AUTHORITIES. 8. I HAVE CAREFULLY CONSIDERED THE ORDERS OF THE AU THORITIES BELOW. IT IS TRUE THAT THE NOTICE U/S 148 OF THE ACT WAS I SSUED TO EXAMINE THE SURRENDER OF PURCHASE OF IMMOVABLE PROPERTY OF RS. 34.50 LAKHS. IT IS 4 EQUALLY TRUE THAT FOR SOME REASON OR THE OTHER, THE ASSESSING OFFICER MADE ADDITION OF RS. 15 LAKHS AS THE AMOUNT SURREND ERED BY THE ASSESSEE. THE ORDER OF THE FIRST APPELLATE AUTHORI TY DOES NOT EVEN MENTION ABOUT THE DOCUMENTARY EVIDENCES FILED BY TH E ASSESSEE EXPLAINING THE SOURCE OF PURCHASE OF IMMOVABLE PROP ERTY. 9. ON SUCH CRYPTIC ORDER, I AM LEFT WITH NO CHOICE BUT TO RESTORE THE ISSUE TO THE FILE OF THE ASSESSING OFFICER. THE AS SESSING OFFICER IS DIRECTED TO EXAMINE THE AMOUNT OF LOAN TAKEN IN THE TWO F.YS. THE ASSESSING OFFICER IS FURTHER DIRECTED TO MATCH THE SOURCE OF INVESTMENT AND DECIDE THE ISSUE AFRESH AFTER GIVING REASONABLE AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. I ORDE R ACCORDINGLY. 9. IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO. 07/DEL/2019 IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 07.10. 2019. SD/- [N.K. BILLAIYA] ACCOUNTANT MEMBER DATED: 07 TH OCTOBER, 2019 5 VL/ COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. 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.P S/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 RE GISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER