Sh. Amit Arora, Faridabad V. ACIT, New Delhi

ITA 1384/DEL/2013

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 7070 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 10 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 05-01-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 08-03-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Unexplained investment; Gift; Opportunity of being heard; Additional evidence; Set aside
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH A AA A : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT AND AND AND AND SHRI KULDIP SINGH SHRI KULDIP SINGH SHRI KULDIP SINGH SHRI KULDIP SINGH, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO . .. . 1384/DEL/2013 1384/DEL/2013 1384/DEL/2013 1384/DEL/2013 ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : 2005 2005 2005 2005 - -- - 06 0606 06 SHRI AMIT ARORA, SHRI AMIT ARORA, SHRI AMIT ARORA, SHRI AMIT ARORA, 201, VIPPS CENTER, 201, VIPPS CENTER, 201, VIPPS CENTER, 201, VIPPS CENTER, 2 22 2- -- -COMMUNITY CENTER, COMMUNITY CENTER, COMMUNITY CENTER, COMMUNITY CENTER, M MM MASJID MOTH, G.K. II, ASJID MOTH, G.K. II, ASJID MOTH, G.K. II, ASJID MOTH, G.K. II, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. PAN : ACAPA9659D. PAN : ACAPA9659D. PAN : ACAPA9659D. PAN : ACAPA9659D. VS. VS. VS. VS. ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -22, 22, 22, 22, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SANA T KAPOOR, ADVOCATE. RESPONDENT BY : SHRI S.K. JAIN, DR. DATE OF HEARING : 05.01.2017 05.01.2017 05.01.2017 05.01.2017 DATE OF PRONOUNCEMENT : 09.01.2017 09.01.2017 09.01.2017 09.01.2017 ORDER ORDER ORDER ORDER PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP : :: :- -- - THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2005-06 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-III, N EW DELHI DATED 7 TH JANUARY, 2013. 2. AT THE TIME OF HEARING BEFORE US, LEARNED COUNSE L FOR THE ASSESSEE STATED THAT VIDE LETTER DATED 7 TH OCTOBER, 2015, THE ASSESSEE HAS REQUESTED FOR ADMISSION OF ADDITIONAL EVIDENCE. HE STATED THAT THE ASSESSING OFFICER HAS MADE ADDITIONS ON ACCOUNT OF ALLEGED CASH DEPOSITS IN THE ASSESSEES BANK TREATING THE SAME A S INCOME U/S 69 OF THE ACT. HOWEVER, THE CONTENTION OF THE ASSESSEE I S THAT THE DEPOSITS ARE NOT UNEXPLAINED INVESTMENTS BUT CASH RECEIVED A S GIFTS ON VARIOUS OCCASIONS FROM HIS FATHER. EVIDENCE IN SUPPORT OF THE SAID CONTENTION HAS NOW BEEN OBTAINED WHICH WAS EARLIER NOT SUBMITT ED BEFORE THE LOWER AUTHORITIES. THE ASSESSEE WAS UNDER A BONA-F IDE BELIEF THAT THE EVIDENCES ALREADY FILED BEFORE THE LOWER AUTHORITIE S WERE SUFFICIENT. ITA-1384/DEL/2013 2 LEARNED COUNSEL, THEREFORE, REQUESTED THAT SINCE TH E ADDITIONAL EVIDENCES NOW SOUGHT TO BE FILED GO THE ROOT OF THE MATTER, THE SAME MAY BE ADMITTED. 3. LEARNED DR HAS NO SERIOUS OBJECTION TO THE ADMIS SION OF ADDITIONAL EVIDENCES NOW SOUGHT TO BE FILED BY THE ASSESSEE BUT, HE STATED THAT SINCE THE ASSESSING OFFICER HAD NO OPPO RTUNITY TO GO THROUGH THE SAME, THE MATTER MAY BE SENT BACK TO HI S FILE TO VERIFY THE CORRECTNESS OF THE SAME. 4. IN VIEW OF THE ABOVE, WE SET ASIDE THE ORDERS OF AUTHORITIES BELOW AND RESTORE THE MATTER TO THE FILE OF THE ASSESSING OFFICER. WE DIRECT THE ASSESSEE TO FURNISH THE ADDITIONAL EVIDENCE NOW SOUGHT TO BE FILED BEFORE THE ASSESSING OFFICER WHO WILL EXAMINE THE S AME. NEEDLESS TO MENTION THAT HE WILL ALLOW ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AND THEN PASS A SPEAKING ORDER IN ACCORDAN CE WITH LAW. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TRE ATED TO BE ALLOWED FOR STATISTICAL PURPOSES. DECISION PRONOUNCED IN THE OPEN COURT ON 09.01.2017 . SD/- SD/- (KULDIP SINGH (KULDIP SINGH (KULDIP SINGH (KULDIP SINGH ) )) ) ( (( ( G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL ) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : SHRI AMIT ARORA, SHRI AMIT ARORA, SHRI AMIT ARORA, SHRI AMIT ARORA, 201, VIPPS CENTER, 2 201, VIPPS CENTER, 2 201, VIPPS CENTER, 2 201, VIPPS CENTER, 2- -- -COMMUNITY CENTER, COMMUNITY CENTER, COMMUNITY CENTER, COMMUNITY CENTER, MASJID MOTH, G.K. II, NEW DELHI. MASJID MOTH, G.K. II, NEW DELHI. MASJID MOTH, G.K. II, NEW DELHI. MASJID MOTH, G.K. II, NEW DELHI. 2. RESPONDENT : ASSISTANT COMMISSIONER OF INCOME TA X, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -22, NEW DELHI. 22, NEW DELHI. 22, NEW DELHI. 22, NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR