DCIT, New Delhi V. M/s. EL- EN India Pvt. Ltd., New Delhi

ITA 1553/DEL/2012

• Counselvise Citation: 155320114 RSA 2012
• Duration Of Justice: 1 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-11-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 31-10-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 03-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIDDI SRIVASTAVA
• Assessee Lawyers: VINOD KUMAR GARG
• Keywords: Unexplained cash credit
• Section: 37

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SHRI R. S. SYAL, ACCOUNTANT MEMBER AND SHRI RAJPAL YADAV, JUDICIAL MEMBER I.T.A .NO.-1553/DEL/2012 (ASSESSMENT YEAR-2008-09) DY.CIT VS. M/S EL-EN INDIA P. CIRCLE-11(1), ROOM NO. 312 LTD. 43-44, DSIDC, C.R. BUILDING, SCHEME-III, OKHLA NEW DELHI. INDUSTRIAL AREA, PHASE-II NEW DELHI. PAN: AACCG1119K (APPELLANT) (RESPONDENT) REVENUE BY:- SMT. NIDDI SRIVASTAVA, SR. DR. ASSESSEE BY:- SH. VINOD KUMAR GARG, CA. ORDER PER R. S. SYAL, AM. THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT (A) ON 18.01.2012 IN RELATION TO THE ASS ESSMENT YEAR 2008-09. 2. FIRST GROUND OF THE APPEAL IS AGAINST THE DELETI ON OF ADDITION OF RS.74,70,769/- MADE BY THE AO U/S 37 OF THE ACT. 2 3. FILTERING OUT UNNECESSARY DETAILS, IT IS NOTICED THAT THE AO MADE THIS ADDITION BY RELYING ON THE VIEW TAKEN BY HIM FOR THE IMMEDIATELY PRECEDING YEAR, THAT IS AY 2007-08. THE SAID AY 2007-08 CAME UP FOR CONSIDERATION BEFORE THE TRIBUN AL. VIDE ITS ORDER DATED 15.2.2013, THE TRIBUNAL IN ITA NO. 2675/DEL/2011 HAS ORDERED FOR THE DELETION OF SIMIL AR ADDITION MADE FOR AY 2007-08. A COPY OF THIS ORDER HAS BEEN PLACED ON RECORD. THE RELEVANT FINDING IS CONTAINED IN PARA 1 1 OF THE TRIBUNAL ORDER. IN THE ABSENCE OF ANY DISTINGUISHIN G FEATURE HAVING BEEN POINTED OUT BY THE LD. DR, RESPECTFULLY FOLLOWING THE PRECEDENT, WE UPHOLD THE IMPUGNED ORDER ON THIS ISSUE. THIS GROUND IS NOT ALLOWED. 4. THE ONLY OTHER EFFECTIVE GROUND IS AGAINST THE D ELETION OF ADDITION OF RS.45 LAC MADE BY THE AO ON ACCOUNT OF UNEXPLAINED CASH CREDIT. HERE ALSO BOTH THE SIDES A RE IN AGREEMENT THAT THE FACTS AND CIRCUMSTANCES FOR THE PRESENT 3 ADDITION ARE SIMILAR TO THOSE OF THE PRECEDING YEA R INASMUCH AS THE AO MADE THIS ADDITION BY FOLLOWING THE VIEW TAK EN BY HIM FOR AY 2007-08. THE TRIBUNAL HAS DELETED SUCH ADDIT ION FOR AY 2007-08 THROUGH THE RELEVANT DISCUSSION CONTAINE D IN PARA 12 OF THE ORDER. AS THE SOLITARY BASIS FOR THIS ADD ITION MADE BY THE AO WAS THE VIEW TAKEN BY HIM FOR AY 2007-08, WH ICH HAS NOW BEEN SET ASIDE BY THE TRIBUNAL, WE ARE OF THE C ONSIDERED OPINION THAT THE IMPUGNED ORDER REQUIRES TO BE UPHE LD ON THIS ISSUE. WE ORDER ACCORDINGLY. 5. IN THE RESULT THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 01/11/2013. SD/- SD/- ( RAJPAL YADAV ) (R. S. SYAL) JUDICIAL MEMBER ACCOUNTANT ME MBER DATED: 01/11/2013 *AK VERMA* 4 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTR DATE INITIAL 1. DRAFT DICTATED ON 31-10-2013 PS 2. DRAFT PLACED BEFORE AUTHOR 31-10-2013 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. *