Hira Singh Sobti Contracts Ltd., New Delhi V. DCIT, New Delhi

ITA 1604/DEL/2011

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 3863 (ITAT-DELHI)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-06-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 01-06-2011
• Assessment Year: 2000-2001
• Appeal Filed On: 01-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MONA MOHANTY
• Keywords: Opportunity of being heard; Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: C NEW DELHI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER ITA NO: 1604/DEL/2011 ASSESSMENT YEAR : 2000-01 HIRA SINGH SOBTI CONTRACTS LTD. VS. DCIT, CIRCLE 12 (1) E-196, NARAINA VIHAR NEW DELHI NEW DELHI 110 028 (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SANAT KAPOOR, ADV. RESPONDENT BY : SMT. MONA MOHANTY, SR.D.R. O R D E R PER SHAMIM YAHYA, ACCOUNTANT MEMBER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD.CIT(A)-XI, NEW DELHI DATED 21.1.2011 AND PERTA INS TO A.Y. 2000-01. 2. AT THE OUTSET THE ISSUE RAISED IS THAT THE LD.CI T(A) HAS ERRED IN NOT ADMITTING THAT ADDITIONAL EVIDENCE FILED BY THE ASS ESSEE UNDER RULE 46A. 3. IN THIS CASE THE ASSESSMENT WAS FRAMED BY MAKING ADDITION OF RS. 500,000/- REPORTEDLY A BOGUS ENTRY PROVIDED BY M/ S MKM FINSEC ITA 1604/DEL/2011 PAGE 2 OF 3 A.Y. 2000-2001 HIRA SINGH SOBTI CONTRACTS LTD., N.DELHI PVT.LTD., TO THE ASSESSEE. THE A.O. HAS HELD THA T THE ASSESSEE COMPANY HAS RECEIVED BOGUS ACCOMMODATION ENTRY BY PAYING UNACCOUNTED CASH TO IT. ACCORDINGLY THE AO ADDED THE SAME TO THE AS SESSSEES INCOME. 4. BEFORE THE LD.CIT(A0 THE ASSESSEE INTER ALIA SUB MITTED ADDITIONAL EVIDENCE IN SUPPORT OF THE CASE. HOWEVER LD.CIT(A) DID NOT ACCEPT THE SAME AND REJECTED THE ADDITIONAL EVIDENCES. 5. IN THIS REGARD LD.COUNSEL OF THE ASSESSEE PLEADE D THAT THE MATTER MAY BE REMITTED TO THE FILE OF A.O. TO CONSIDER THE ISSUE AFRESH IN LIGHT OF THE ADDITIONAL EVIDENCES PRODUCED BY THE ASSESSEE. LD.D.R. DID NOT HAVE SERIOUS OBJECTIONS TO THIS PROPOSAL. ACCORDINGLY I N THE INTEREST OF JUSTICE WE REMIT THE ISSUE IN THE APPEAL TO THE FILE OF AO FOR A DENOVO CONSIDERATION, NEEDLESS TO ADD THE ASSESSEE SHOULD BE GIVEN ADEQUATE OPPORTUNITY OF BEING HEARD. 6. IN THE RESULT THE ASSESSEES APPEAL STANDS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST JUNE, 2011. SD/- SD/- (I.P. BANSAL ) (SHAMIM YAHYA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 ST JUNE, 2011 *MANGA ITA 1604/DEL/2011 PAGE 3 OF 3 A.Y. 2000-2001 HIRA SINGH SOBTI CONTRACTS LTD., N.DELHI COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2. RESPONDENT; 3. CIT; 4. CIT(A); 5. DR; 6. GUARD FILE BY ORDER DY. REGISTRAR // C O P Y //