ITO, New Delhi V. Arjun Dass (Indl), New Delhi

ITA 1500/DEL/2009

• Counselvise Citation: [2009] 114 COUNSELVISE.COM (IT) 8286 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2009
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 23-06-2009
• Assessment Year: 1999-2000
• Appeal Filed On: 16-04-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K BHARALI
• Keywords: Onus to prove
• Section: 68

Judgement Text

ITA NO.1500/DEL./2009 (A.Y. BP : 1999-2000) 1 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH `G : NEW DELHI) BEFORE HONBLE SR. VICE PRESIDENT SHRI R.P. GARG A ND HONBLE JUDICIAL MEMBER, SHRI RAJPAL YADAV ITA NO.1500/DEL./2009 (ASSESSMENT YEAR : 1999-2000) ITO, WARD 19(4), VS. SHRI ARJUN DASS (INDL.), NEW DELHI. C-3/1, WAZIRPUR INDL. AREA, NEW DELHI-110 052. (PAN/GIR NO.AAKPD2815J) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SURESH KUMAR GUPTA, CA REVENUE BY : SHRI S.K. BHARALI, SR. DR ORDER PER R.P. GARG, SR.VP THIS IS AN APPEAL BY THE REVENUE AGAINST THE ORDER OF THE CIT(A) FOR THE ASSESSMENT YEAR 1999-2000. THE ONLY DISPUTE IN TH IS APPEAL IS WITH REGARD TO THE ASSESSMENT OF RS.15,08,103 ON ACCOUNT OF SALE OF JE WELLERY AND COMMISSION ON THE SALE PROCEEDS THEREOF AT RS.7,500. 2. THE COMMISSIONER OF INCOME-TAX (APPEALS) HAS FO LLOWED THE DECISION OF THE SPECIAL BENCH OF THE TRIBUNAL IN THE CASE OF MANOJ AGGARWAL VS. DCIT, 17 TTJ 145, IN WHICH THE NAME OF M/S BISHAN CHAND MUKESH KUMAR (BC MK) HAS BEEN MENTIONED IN PARA.7 OF THE ORDER OF THE TRIBUNAL. THE COMMISSIO NER OF INCOME-TAX (APPEALS) ALSO OBSERVED HAT THE ASSESSEE HAS DISCHARGED THE BURDEN TO PROVE THAT THE JEWELLERY WAS SOLD THROUGH BANKING CHANNELS AND WERE DISCLOSED IN THE BOOKS OF ACCOUNT AND, THEREFORE, THE ASSESSEE HAS DISCHARGED HIS BURDEN TO PROVE THE GEN UINENESS OF THE TRANSACTIONS U/S 68 OF THE ACT. LOOKING TO THE FACTS AND CIRCUMSTANCES OF THE CASE AND FOLLOWING THE DECISION OF THE SPECIAL BENCH OF THE TRIBUNAL IN THE CASE OF MA NOJ AGGARWAL (SUPRA), THE ORDER OF THE CIT(A) DOES NOT CALL FOR ANY INTERFERENCE AND IS AC CORDINGLY UPHELD. ITA NO.1500/DEL./2009 (A.Y. BP : 1999-2000) 2 3. IN THE RESULT THE APPEAL OF THE REVENUE IS DISMI SSED. 4. ORDER PRONOUNCED IN OPEN COURT ON 18.06.2009. (RAJPAL YADAV) (R.P. GARG) JUDICIAL MEMBER SR. VICE PRESIDENT DATED: JUNE 18, 2009. *SKB* COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A)-XXII, NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DELHI. AR/ITAT