Ashok Kumar Tyagi, Ghaziabad V. ITO Ward-1(1), Ghaziabad

ITA 1237/DEL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6562 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 15-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Section: 147; 69; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA NO.1237/DEL/2019 ASSESSMENT YEAR: 2010-11 ASHOK KUMAR TYAGI, C/O SANJEEV ANAND & ASSOCIATES, 77, NAVYUG MARKET, GHAZIABAD. PAN: AQFPT8388P VS. ITO, WARD-1(1), GHAZIABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SUMIT GUPTA, FCA REVENUE BY : SHRI S.L. ANURAGI, SR.DR DATE OF HEARING : 29.07.2019 DATE OF PRONOUNCEMENT : 01.08.2019 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE EX PARTE ORDER DATED 18.12.2018 OF THE CIT(A), GHAZIABAD, RELATING TO AS SESSMENT YEAR 2010-11. 2. THE ASSESSEE IN ITS VARIOUS GROUNDS OF APPEAL HA S CHALLENGED THE ORDER OF THE CIT(A) IN UPHOLDING THE VALIDITY OF THE REASSESSMEN T PROCEEDINGS AS WELL AS SUSTAINING THE ADDITION OF RS.17,90,000/- MADE BY THE ASSESSIN G OFFICER U/S 69 OF THE IT ACT. ITA NO.1237/DEL/2019 2 3. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESS EE IS AN INDIVIDUAL. THE ASSESSING OFFICER, ON THE BASIS OF THE INFORMATION RECEIVED T HAT THE ASSESSEE HAS MADE CASH DEPOSIT OF RS.52,40,000/- DURING THE FINANCIAL YEAR 2009-10 RELATING TO ASSESSMENT YEAR 2010-11, ISSUED A NOTICE TO THE ASSESSEE TO VERIFY THE SOURCE OF SUCH DEPOSIT. SINCE THE ASSESSEE DID NOT FILE ANY REPLY NOR FILED THE BANK ACCOUNT, THE ASSESSING OFFICER ISSUED ANOTHER NOTICE TO THE ASSESSEE TO EXPLAIN THE SOURC E. HE FURTHER NOTED THAT THE ASSESSEE HAS NOT FILED THE RETURN OF INCOME FOR THE IMPUGNED ASSESSMENT YEAR. HE, THEREFORE, ISSUED NOTICE U/S 148 AFTER REOPENING THE CASE U/S 147 BY RECORDING REASONS. HE ALSO ISSUED STATUTORY NOTICES U/S 143(2) AND 143(1). TH E ASSESSEE, IN RESPONSE TO THE NOTICE U/S 148, FILED THE RETURN OF INCOME DECLARING TOTAL INCOME AT RS.8,720/- ON 11 TH SEPTEMBER, 2011. THE ASSESSING OFFICER, DURING THE COURSE OF ASSESSMENT PROCEEDINGS, CONFRONTED THE DEPOSITS MADE IN THE BA NK ACCOUNT. AFTER CONSIDERING THE SUBMISSIONS MADE BY THE ASSESSEE FROM TIME TO TIME, THE ASSESSING OFFICER MADE ADDITION OF RS.17,90,000/- U/S 69 OF THE IT ACT BEI NG THE UNEXPLAINED CASH DEPOSIT IN THE BANK ACCOUNT. SINCE NONE APPEARED BEFORE THE C IT(A) DESPITE SERVICE OF NOTICE, THE LD.CIT(A), VIDE EX PARTE ORDER PASSED BY HIM, CONFIRMED THE ADDITION SO MAD E. 4. AGGRIEVED WITH SUCH ORDER OF THE CIT(A), THE ASS ESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 5. I HAVE HEARD THE RIVAL ARGUMENTS MADE BY BOTH TH E SIDES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. I FIND THE ASSESSING OFFICER IN THE INSTANT CASE, MADE ADDITION OF RS.17,90,000/- U/S 69 OF THE IT ACT BEI NG THE UNEXPLAINED CASH DEPOSIT IN ITA NO.1237/DEL/2019 3 THE BANK ACCOUNT MAINTAINED BY THE ASSESSEE. I FIND DUE TO NON-APPEARANCE OF THE ASSESSEE BEFORE THE CIT(A) DESPITE A NUMBER OF OPPO RTUNITIES GRANTED, THE LD.CIT(A), VIDE EX PARTE ORDER PASSED BY HER, UPHELD THE ADDIT ION SO MADE BY THE ASSESSING OFFICER. CONSIDERING THE TOTALITY OF THE FACTS OF THE CASE AND IN THE INTEREST OF JUSTICE, I DEEM IT APPROPRIATE TO RESTORE THE ISSUE TO THE FIL E OF THE CIT(A) WITH A DIRECTION TO GRANT ONE FINAL OPPORTUNITY TO THE ASSESSEE TO SUBS TANTIATE HIS CASE AND DECIDE THE ISSUE AS PER FACT AND LAW. THE ASSESSEE IS ALSO HEREBY D IRECTED TO APPEAR BEFORE THE CIT(A) AND SUBSTANTIATE HIS CASE, FAILING WHICH, THE LD.CI T(A) IS AT LIBERTY TO PASS APPROPRIATE ORDER AS PER LAW. I HOLD AND DIRECT ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSES. 6. IN THE RESULT, THE APPEAL FILED BY THE ASS ESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 0 1.08.2019. SD/- ( R.K. PANDA) ACCOUNTANT MEMFBE R DATED: 01 ST AUGUST, 2019 DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI