Virender Kumar Kapoor, New Delhi V. ITO, New Delhi

ITA 1036/DEL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3336 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 29-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ASHISH GUPTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER ITA NO.1036/DEL/2016 ASSESSMENT YEAR : 2011-12 VIRENDER KUMAR KAPOOR, S 15, PRATAP MARKET, JANGPURA- B, NEW DELHI. VS. ITO, WARD- 54(2), NEW DELHI. PAN : AHKPK8743M (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI ASHISH GUPTA, CA DEPARTMENT BY : MS. YAMINI, SR.DR DATE OF HEARING : 21-11-2017 DATE OF PRONOUNCEMENT : 21-11-2017 O R D E R PER R. K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 28.12.2015 OF CIT(A)- 18, NEW DELHI RELATING TO ASS ESSMENT YEAR 2011-12. 2. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESS EE IS AN INDIVIDUAL AND FILED HIS RETURN OF INCOME ON 28.09.2011 DECLARING TOTAL INCOME OF RS.2,07,958/-. THE ASSESSING OFFICER, ON THE BASIS OF SOME DISCREP ANCY IN THE 26AS STATEMENT, MADE ADDITION OF RS.5,00,000/- TO THE TOTAL INCOME OF THE ASSESSEE, WHICH IS THE SUBJECT MATTER OF APPEAL. 3. SO FAR AS ADDITION OF RS.5,00,000/- MADE BY THE ASSESSING OFFICER IS CONCERNED, THE SAME RELATES TO NON-ACCOUNTING OF IN COME CORRESPONDING TO THE TDS REFLECTED IN 26AS STATEMENT SUBMITTED BY BANK O F INDIA. 2 ITA NO.1036/DEL/2016 4. BEFORE THE LD. CIT(A), IT WAS SUBMITTED THAT THE AMOUNT REFLECTED IN 26AS STATEMENT OF BANK OF INDIA RELATES TO PAYMENT MADE TO SHRI KARAN KAPOOR AND NOT TO THE ASSESSEE I.E. SHRI VIRENDER KAPOOR. A L ETTER FROM THE BANK TO THIS EFFECT WAS ALSO FILED BEFORE THE LD. CIT(A) STATING THE MISTAKE COMMITTED BY THE BANK. BASED ON THE ARGUMENTS ADVANCED BY THE ASSES SEE AND EVIDENCES FILED BEFORE HIM, THE LD. CIT(A) DIRECTED THE ASSESSING O FFICER TO DELETE THE ADDITION SUBJECT TO VERIFICATION THAT THE AMOUNT OF RS.5,00, 000/- HAS BEEN DULY ACCOUNTED FOR IN THE HANDS OF THE RIGHT PAYEE AFTER EXAMINATI ON OF THE FACTS MENTIONED IN THE LETTER OF BANK OF INDIA DATED 21.04.2014. 5. AGGRIEVED WITH SUCH ORDER OF THE LD. CIT(A), THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 6. I HAVE HEARD THE RIVAL ARGUMENTS MADE BY BOTH TH E SIDES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. I FIND THE ASSESSING OFFICER MADE ADDITION OF RS.5,00,000/- ON THE BASIS OF 26AS STATEMENT OF BAN K OF INDIA REFLECTING A PAYMENT OF RS.5,00,000/- TO THE ASSESSEE. SINCE TH ERE WAS SOME ERROR IN 26AS STATEMENT, THE ASSESSEE FILED A LETTER FROM BANK OF INDIA EXPLAINING THE ERROR. BASED ON THE EVIDENCES FILED, THE LD. CIT(A) DIRECT ED THE ASSESSING OFFICER TO VERIFY THE SAID EVIDENCE AND DELETE THE ADDITION FR OM THE HANDS OF THE ASSESSEE SUBJECT TO VERIFICATION. I DO NOT FIND ANY INFIRMI TY IN THE ORDER OF THE LD. CIT(A) DIRECTING THE ASSESSING OFFICER TO VERIFY THE EVIDE NCE FILED BEFORE HIM AND ALSO FIND OUT WHETHER THE SAME AMOUNT HAS BEEN REFLECTED IN THE HANDS OF THE CORRECT 3 ITA NO.1036/DEL/2016 PAYEE. THEREFORE, THE ORDER OF THE LD. CIT(A) IS U PHELD. THUS, THE ASSESSING OFFICER IS DIRECTED TO DELETE THE ADDITION FROM THE HANDS OF THE ASSESSEE SUBJECT TO VERIFICATION OF THE EVIDENCE FILED BEFORE HIM. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PU RPOSES. 7. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON THIS 21 ST DAY OF NOVEMBER, 2017. SD/- (R. K. PANDA) ACCOUNTANT MEMBER DATED: 21-11-2017. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., NEW DELHI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI