Vijay Gupta, Faridabad V. ITO WARD - 2(5), Faridabad

ITA 1156/DEL/2020

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 0936 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 10-10-2022
• Assessment Year: 2017-2018
• Appeal Filed On: 01-06-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL DELHIBENCH ‘H’, NEW DELHI Before Dr. B. R. R. Kumar, Accountant Member Sh. Yogesh Kumar US, Judicial Member ITA No. 1156/Del/2020 : Asstt. Year : 2017-18 Vijay Gupta, H.No. 2028, Sector-9, Faridabad, Haryana-121006 Vs Income Tax Officer, Ward-2(5), Faridabad-121001 (APPELLANT) (RESPONDENT) PAN No. AGSPG7177Q Assessee by : None Revenue by : Sh. Vivek Vardhan, Sr. DR Date of Hearing: 11.10.2022 Date of Pronouncement: 13.10.2022 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against the order of ld. CIT(A), Faridabad dated 20.03.2020. 2. It was pleaded that the Ld. CIT(A) has grievously erred in not considering fully & properly the written submissions & Passed the appellate order on 20.03.2020 & the same which was received by the assessee on 22.05.2020 and confirmed the addition of Rs.6,00,000/-. 3. On this issue, we have gone through the order of the ld. CIT(A) which is as under: “10. Further, a credit of Rs.6,00,000/- in the bank account of the assessee on 15.06.2016, it has been explained by the assessee from drawings made from his capital account. However, on the perusal of the capital account of the assessee, it is noted that there is drawing of Rs.6,00,000/- on 2 10.10.2016. There are no withdrawals of Rs.6,00,000/- on 15.06.2016. In the circumstances, deposit of Rs.6,00,000/- in the bank account of the assessee has not been found explained. Accordingly, addition made by the AO of Rs.6,00,000/- is hereby confirmed.” 4. Before us, the submissions of the assessee are as under: “On 16.03.2020 i.e. the date of hearing, the Ld. CIT(A) wanted to see documentary proof of Rs 6,00,000/- dated 15.06.2016 and by 20.03.2020, the appellant had collected documentary evidence from HDFC Bank on 21.03.2020 i.e. Saturday. On 23.03.2020 i.e. Monday one of our assistants visited the CIT(A) office with evidence of the said entry but nobody was in the office due to lock down effected on 23.3.2020. Later, on the requisite evidence was sent through mail by the appellant during the lock down period on 23.04.2020 [copy enclosed for ready reference] along with Bank Statement, disbursement statement of Bank & copy of mail.” 5. On going through the record, we find that the ld. CIT(A) has summarily confirmed the order of the Assessing Officer and dismissed the appeal of the assessee owing to non-receipt of the letter on his desk. We have examined the bank statement of Axis Bank wherein it has been clearly mentioned at serial no. 14 dated 15.06.2016 – By Clg.538942 New Delhi, Rs.6,00,000/-. Further, we have also examined the disbursement detail of housing loan A/c No. 617735756 for Rs.6,00,000/- into the account of Sh. Vijay Gupta, the assessee, A/c No. 913010001287907, Axis Bank Ltd. Since, the bank statement before us reflects the source of Rs.6,00,000/- as from HDFC Bank, the appeal of the assessee is hereby allowed. 3 6. In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 13/10/2022. Sd/- Sd/- (Yogesh Kumar US) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 13/10/2022 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR