M/s. MIQ Foods Pvt. Ltd., Meerut V. ITO, Meerut

ITA 1997/DEL/2017

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 6388 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2013-2014
• Appeal Filed On: 02-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RATAN SINGH
• Assessee Lawyers: VINOD GOEL
• Keywords: Opportunity of being heard
• Section: 271(1)(c); 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. SANDEEP GOSAIN, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA No.1997/Del/2017 Assessment Year: 2013-14 M/s. MIQ Foods Pvt. Ltd. C/o Sh. Vinod Kumar Goel, 282, Boundary Road, Civil Lines, Meerut PAN AAGCM8483J Vs Income Tax Officer Ward- 1 (4) Meerut (APPELLANT) (RESPONDENT) Appellant by Sh. Vinod Goel, Advocate Respondent by Sh. Ratan Singh, Sr. DR Date of hearing: 15/12/2021 Date of Pronouncement: 15/12/2021 ORDER PER N. K. BILLAIYA, AM: This appeal filed by the assessee is preferred against the order of the CIT(A), Meerut dated 15.03.2017 for A.Y. 2013-14. 2. The grievance of the assessee read as under :- 1. That the A.O. has not justified in making addition of Rs. 25,00,000/-, which was old unsecured loan, however, in his 2 order A.O. has mentioned that it is a fresh unsecured loan. Therefore, order passed by A.O. is erroneous and against the facts and CIT(A) has not justified to confirmed the same. 2. That the A.O. has not justified in making addition of Rs. 7,80,000/- and Rs. 18,38,000/- on account of bank deposits treated as unexplained and CIT(A) is in error in confirming the same. 3. That the penalty proceeding U/s 271(1)(c) initiated by A.O., is in routine and mechanical manner. 4. That the assessee has right to add/delete or modify any grounds during the appeal proceeding. 3. At the very outset the counsel for the assessee stated that on identical set of facts the Tribunal in assessee’s own case in A.Y.2012-13 has restored the issue to the files of the A.O. It is the say of the Counsel that facts for the year under consideration are identical and prayed for the similar directions. 4. We have carefully considered the orders of the authorities below. We find force in the contention of the Counsel. This Tribunal in ITA No.4179/Del/2016 order dated 16.01.2019 had considered similar issues and held as under :- “6. It appears that AO has not provided adequate opportunity of being heard to the assessee rather proceeded to hold that mere copies of ledger accounts, bank statements of the lenders of the unsecured loan, trade creditors, share application money and share genuineness of the transactions. AO has neither himself procured the presence of the trade creditors, lenders of unsecured loans and share applicants nor directed the assessee to produce 3 them rather proceeded to make the assessment u/s 144 of the Act in haste. 7. Moreover, addition of Rs.9,88,00,000/- does not pertain to year under assessment. Even, Id. CIT (A) has not provided an opportunity of being heard to the assessee who has sought to lead additional evidence under Rule 46 of the Income-tax Rules, 1962 but proceeded to dismiss application for additional evidence. So, in these circumstances, we are of the considered view that the matter is required to be restored back to the AO to decide afresh after providing adequate opportunity of being heard to the assessee. We order accordingly.” 5. Respectfully following the decision of the coordinate Bench (supra) we direct accordingly. 6. In the result, the appeal filed by the assessee is allowed for statistical purpose. 7. Decision announced in the open court in the presence of both representatives on 15.12.2021. Sd/- Sd/- (SANDEEP GOSAIN) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* Date:-15.12.2021 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 Date of dictation 15.12.2021 Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other member Date on which the approved draft comes to the Sr.PS/PS Date on which the fair order is placed before the Dictating Member for Pronouncement Date on which the fair order comes back to the Sr. PS/ PS Date on which the final order is uploaded on the website of ITAT 16.12.2021 Date on which the file goes to the Bench Clerk Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order