Mr Arvind Nagpal, Delhi V. ITO, New Delhi

ITA 2423/DEL/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 7038 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 3
• Next Hearing Date: 14-09-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 24-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B RAMAN JANYULU
• Assessee Lawyers: SUMANGAL SAXENA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC-3 NEW DELHI BEFORE SHRI H. S. SIDHU, JUDICIAL MEMBER I.T.A. NO. 2423/DEL/2015 ASSESSMENT YEAR: 2007-08 SH. ARVIND NAGPAL, VS. ITO, WARD-28(2) C/O MAM ASSOCIATES, NEW DELHI CHARTERED ACCOUNTANTS, H.NO. FA-36, 2 ND FLOOR, SHIVAJI ENCLAVE NEAR RAJOURI GARDEN METRO STATION, NEW DELHI - 110026 (PAN: AAKPN0017G) (ASSESSEE) (RESPONDENT) ASSESSEE BY : SH. RAJEEV SAXENA, ADV. & MS. SUMANGAL SAXENA, ADV. REVENUE BY : SH. B RAMAN JANYULU, SR. DR DATE OF HEARING ON : 15/09/2016 ORDER PRONOUNCED ON : 04/10/20 16 PER H.S. SIDHU, JM ORDER THIS APPEAL IS FILED BY ASSESSEE AGAINST THE ORDER DATED 27.1.2015 PASSED BY THE LD. CIT(A)-16, NEW DELHI RE LATING TO ASSESSMENT YEAR 2007-08 ON THE FOLLOWING GROUNDS:- 1. THAT THE LD. CIT(A) HAS ERRED IN BOTH FACTS AND IN LAW WHILE PASSING ORDER. 2. THAT THE LD. CIT(A) HAS ERRED FOR NOT APPRECIATING THE FACTS THAT CASH IN HAND OF RS. 24,00,000/- HELD BY THE ASSESSEES MOTHER ON THE SAID DATE AND CONFIRMED TH E ADDITION IN THE HAND OF THE ASSESSEE. 2 3. THAT THE LD. CIT(A) HAS ERRED FOR NOT APPRECIATING THE FACT THAT CASH DEPOSITED IN BANK ACCOUNT IS JOINT ACCOUNT AND LIABILITY OF JOINT ACCOUNT WILL COME J OINTLY. 4. THAT THE LD. CIT(A) FAILED TO GIVE CLEAR FINDING A ND PASSED NON-SPEAKING ORDER. 5. THAT THE LD. CIT(A) FAILED TO APPRECIATE THE JUDGME NTS ON THIS ISSUE IN FAVOUR OF APPELLANT QUOTED AT THE TIME OF PROCEEDINGS. 6. THAT THE APPELLANT CRAVES FOR THE PERMISSION TO AM END, MODIFY TAKE ANY ADDITIONAL GROUND OF APPEAL AT THE TIME OF HEARING. 2. FACTS NARRATED BY THE REVENUE AUTHORITIES ARE NO T DISPUTED BY BOTH THE PARTIES, HENCE, THE SAME ARE NOT REPEATE D HERE FOR THE SAKE OF CONVENIENCE. 3. AT THE TIME OF HEARING, LD. COUNSEL OF THE AS SESSEE HAS STATED THAT REVENUE AUTHORITIES HAS NOT GIVEN SUFFICIENT OPPORTUNITY OT THE ASSESSEE FOR SUBSTANTIATING ITS CLAIM BEFORE THEM. HE REQUESTED THAT THE ASSESSEE IS HAVING ALL THE NECESSARY EVIDENCE W HICH CAN BE PRODUCED BEFORE THE AO, IF THIS BENCH GRANTED AN OP PORTUNITY TO THE ASSESSEE. HE HAS ALSO FILED THE PAPER BOOK CONTAI NING PAGES 1 TO 58 IN WHICH HE HAS ATTACHED THE COPY OF ORDER OF ITAT IN ASSESSEES CASE VIDE ITA NO. 411/DEL/2011 FOR AY 2007-08; COPY OF L ETTER ISSUED BY AO U/S. 143(2) OF THE I.T. ACT, 1961; COPY OF REP LIES FILED BY THE ASSESSEE BEFORE ITO; COPY OF QUESTIONNAIRE ISSUED B Y AO; COPY OF ACKNOWLEDGEMENT OF RETURN OF INCOME ALONGWITH ITS C OMPUTATION OF INCOME FOR ASSESSMENT YEAR 2005-06; 2006-07, 2007-0 8; COPY OF 3 STATEMENT OF AFFAIRS FOR ASSESSMENT YEAR 2004-05 T O 2007-08; COPY OF PAN NO; COPY OF ORDER ASSESSMENT U/S. 143(3) FOR AY 2005-06 & 2006-07; COPY OF BANK STATEMENT OF STANDARD CHARTER ED AS ON 31.3.2006 TO 31.3.2007 ALONGWITH DETAILS OF CASH DE POSITED; COPY OF FORM NO. 35 ALONGWITH STATEMENT OF FACTS AND GROUND S OF APPEAL FOR ASSESSAMENT YEAR 2007-08 IN THE CASE OF THE ASSESSE E; COPY OF SUBMISSIONS FILED BY ASSESSEE BEFORE CIT(A); COPY O F REMAND REPORT ISSUED BY AO; COPY OF REJOINDER SUBMISSION FILED BY ASSESSEE BEFORE CIT(A); COPY OF SYNOPSIS FILED BY ASSESSEE; COPY OF QUESTIONNAIRE; COPY OF REPLY FILED BY ASSESSEE BEFORE AO AND COPY OF JU DGMENT OF HONBLE HIGH COURT OF PUNJAB AND HARYANA IN THE CASE OF SMT . SHANTA DEVI VS. CIT REPORTED IN 171 ITR 532. HE ALSO FILED ANOTHER PAPER BOOK CONTAINING PAGES 59 TO 97 ATTACHING THEREWITH JUDGM ENT OF THE HONBLE HIGH COURTS AND THE TRIBUNAL ON THE ISSUE IN DISPUT E. HE REQUESTED THAT ISSUE IN DISPUTE MAY BE SET ASIDE TO THE AO. 4. ON THE CONTRARY, LD. DR RELIED UPON THE ORDERS OF THE AUTHORITIES BELOW AND OPPOSED THE REQUEST OF THE AS SESSEES COUNSEL. 5. I HAVE HEARD BOTH THE PARTIES AND CAREFULLY GON E THROUGH THE ORDERS PASSED BY THE AUTHORITIES BELOW AS WELL AS T HE PAPER BOOKS DETAILING THE EVIDENCES/DOCUMENTS; CASE LAWS AND TH E SYNOPSIS ON THE ISSUE IN DISPUTE, I AM OF THE VIEW THAT THE EVIDENC ES PRODUCED BY THE ASSESSEE REQUIRES THOROUGH EXAMINATION AT THE LEVEL OF THE AO. THEREFORE, IN THE INTEREST OF JUSTICE, I SET ASIDE THE ISSUES IN DISPUTE TO 4 THE FILE OF THE AO FOR FRESH CONSIDERATION, AS PER LAW, AFTER CONSIDERING ALL THE DOCUMENTARY EVIDENCES. HOWEVER, THE ASSESS EE IS DIRECTED TO FULLY COOPERATE WITH THE AO DURING THE PROCEEDINGS BEFORE HIM AND NOT TO TAKE ANY UNNECESSARY ADJOURNMENT IN THE CASE AND ALSO PRODUCE ALL THE NECESSARY EVIDENCES BEFORE THE AO T O SUBSTANTIATE HIS CLAIM. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 04/10/2016 . SD/- [H.S. SIDHU] JUDICIAL MEMBER DATE 04/10/2016 SRBHATNAGAR COPY FORWARDED TO: - 1. APPELLANT - 2. RESPONDENT - 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES 5 DATE OF DICTATION DATE OF DICTATION DATE OF DICTATION DATE OF DICTATION 19 1919 19- -- -9 99 9- -- -16 1616 16 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 19 1919 19- -- -9 99 9- -- -16 1616 16 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS DATE ON WHICH FAIR ORDER SENT TO DATE ON WHICH FAIR ORDER SENT TO DATE ON WHICH FAIR ORDER SENT TO DATE ON WHICH FAIR ORDER SENT TO MEMBER FOR SIGN ATURE MEMBER FOR SIGNATURE MEMBER FOR SIGNATURE MEMBER FOR SIGNATURE DATE ON WHICH THE FAIR ORDER COMES BACK DATE ON WHICH THE FAIR ORDER COMES BACK DATE ON WHICH THE FAIR ORDER COMES BACK DATE ON WHICH THE FAIR ORDER COMES BACK AFTER PRONO UNCEMENT TO AFTER PRONOUNCEMENT TO AFTER PRONOUNCEMENT TO AFTER PRONOUNCEMENT TO THE SR. PS/PS. THE SR. PS/PS. THE SR. PS/PS. THE SR. PS/PS. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT R EGISTRAR FOR SIGNATURE ON THE ORDER THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT R EGISTRAR FOR SIGNATURE ON THE ORDER THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT R EGISTRAR FOR SIGNATURE ON THE ORDER THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT R EGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DESPATCH OF THE ORDER .. DATE OF DESPATCH OF THE ORDER .. DATE OF DESPATCH OF THE ORDER .. DATE OF DESPATCH OF THE ORDER ..