Pandit Realtor P.Ltd, Ghaziabad V. DCIT, Circle-19(2), New Delhi

ITA 1012/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3234 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-11-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2014-2015
• Appeal Filed On: 08-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: TDS
• Section: 271(1)(c); 143(3); 201; 22

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL DE LHI BENCHES : G : NEW DELHI (THROUGH VIRTUAL COURT HEARING) BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO. 1012 /D EL /201 9 ASSESSMENT YEAR : 20 14 - 15 PANDIT REALTOR P. LTD., 1 6A/1102, VASUNDHARA, GHAZIABAD, UP. PAN : A A DCP6893N VS DCIT, CIRCLE - 19(2), NEW DELHI. (APP ELL A NT ) (RESPONDENT) A SSESSEE BY : NONE RE VENUE BY : SHRI AJAY KUMAR, SR. DR DATE OF HEARING : 1 7 . 1 1 . 20 20 DATE OF PRON OUNCEMENT : 17 . 1 1 . 20 20 ORDER PER R.K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE EX PARTE ORDER DATED 20 TH JANUARY, 201 8 OF THE CIT(A) - 7 , NEW DELHI, RELATING TO ASSESSMENT YEAR 20 14 - 15 . 2. THE ASSESSEE IN ITS VARIOU S GROUNDS OF APPEAL HAS CHALLENGED THE ORDER OF THE CIT(A) SUSTAINING VARIOUS ADDITIONS MADE BY THE AO. ITA NO. 1012 / D EL /201 9 2 3. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESSEE IS A COMPANY AND FILED ITS RETURN OF INCOME ON 06.11. 2014 DECLARING TOTAL INCOME AT RS. 50,64,580 / - . THE AO COMPLETED THE ASSESSMENT U/S 143(3) OF THE ACT ON 22 ND DECEMBER, 2016, DETERMINING THE TOTAL INCOME OF THE ASSESSEE AT RS. 2, 00, 80,767/ - WHEREIN HE MADE THE FOLLOWING ADDITION S: - A) UNEXPLAINED SHARE SUBSCRIPTION - RS.1,00,00,000/ - B) UNEXPLAINED CAS H DEPOSITS - RS.37,00,000/ - C) DISALLOWANCE OF ROC FEE - RS.76,491/ - D) DISALLOWANCE OF INTEREST ON TDS - RS.2,836/ - E) DISALLOWANCE OF LOSS ON CAR VERNA - RS.1,57,995/ - F) DIWALI EXPENSES - RS.8,28,865/ - G) BUSINESS PROMOTION AND TELEPHONE EXPENSES - RS.2,50,0 00/ - 4. SUBSEQUENTLY, THE AO INITIATED PENALTY PROCEEDINGS U/S 271(1)(C) OF THE ACT AND, THEREAFTER, LEVIED PENALTY OF RS.46,56,630/ - U/S 271(1)(C) OF THE ACT BEING THE MINIMUM PENALTY LEVIABLE ON ACCOUNT OF ADDITION OF UNEXPLAINED SHARE SUBSCRIPTION OF R S.1 CRORE AND UNEXPLAINED CASH DEPOSIT OF RS.37 LAKHS 5. SINCE NONE APPEARED BEFORE HIM, THE LD.CIT(A), IN HIS EX PARTE ORDER, CONFIRMED THE PENALTY LEVIED BY THE AO AND DISMISSED THE APPEAL FILED BY THE ASSESSEE. 6 . AGGRIEVED WITH SUCH ORDER OF THE CIT( A), THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. ITA NO. 1012 / D EL /201 9 3 7. WE HAVE HEARD THE RIVAL ARGUMENTS MADE BY BOTH THE SIDES AND PERUSED THE ORDERS OF THE AUTHORITIES BELOW. IT IS AN ADMITTED FACT THAT DUE TO NON - APPEARANCE BEFORE THE CIT(A), THE LD.CIT(A) SUSTAINED TH E PENALTY LEVIED BY THE AO U/S 271(1)(C). CONSIDERING THE TOTALITY OF THE FACTS OF THE CASE AND IN THE INTEREST OF JUSTICE, WE DEEM IT PROPER TO RESTORE THE ISSUE TO THE FILE OF THE CIT(A) WITH A DIRECTION TO GRANT ONE FINAL OPPORTUNITY TO THE ASSESSEE T O SUBSTANTIATE ITS CASE AND DECIDE THE ISSUE AS PER FACT AND LAW . THE ASSESSEE IS ALSO HEREBY DIRECTED TO APPEAR BEFORE THE LD.CIT(A) AND SUBSTANTIATE ITS CASE, FAILING WHICH THE LD.CIT(A) IS AT LIBERTY TO PASS APPROPRIATE ORDER AS PER LAW. WE HOLD AND D IRECT ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSES. 8 . IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. DE CISION WAS PRONOUNCED ON CONCLUSION OF VIRTUAL HEARING ON 1 7 TH NOVEMBER, 2020 I TSELF . SD/ - SD/ - ( SUCHITRA KAMBLE ) ( R. K. PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 7 TH NOVEMBER, 2020. DK COPY FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI