ACIT, New Delhi V. M/s Bhasin Infotech & Infrastructure Pvt. Ltd., New Delhi

ITA 2464/DEL/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6625 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 03-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR GUPTA
• Keywords: Unexplained cash credit; Opportunity of being heard
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES C , NEW DELHI BEFORE SH. H. S. SIDHU, JUDICIAL MEMBER DR. B. R. R. KUMAR , ACCOUNTANT MEMBER ITA NO. 2464 /DEL/201 6 : ASSTT. YEAR : 2012 - 1 3 ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2 , NEW DELHI VS M/S BHASIN INFOTECH & INFRASTRUCTURE PVT. LTD., 28, RAJA GARDEN, NEW DELHI - 110015 (APPELLANT) (RESPONDENT) PAN NO. AA C CB9344D ASSESSEE BY : SH. VIKAS JAIN, ADV. REVENUE BY : SH. RAJESH KUMAR GUPTA, CIT DR DATE OF HEAR ING: 25 . 07 .201 9 DATE OF PRONOUNCEMENT: 25 .07 .201 9 ORDER PER DR. B. R. R. KUMAR , A CCOUNTANT M EMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) - 23 , NEW DELHI DATED 29.02 .2016 . 2. THE ASSESSEE HAS RAISED FOLLOWING GROUNDS OF APPEAL: 1. THE ORDER OF LD. CIT(A) IS NOT CORRECT IN LAW AND ON FACTS. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN LAW IN DELETING THE ADDITION OF RS. 4,32,00,200/ - MADE BY THE AO ON ACCOUNT OF UNEXPLAINED CASH CREDIT' U/S 68 RECEIVED FROM M/S. VENEZIA GOLF CITY PVT . LTD. 3. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN L AW IN DELET ING THE ADDITION OF RS. 4,32,00,200/ - DESPITE THE FACT THAT THE ASSESSEE HAS NEVER RAISED ANY OBJECTION IN THIS REGARD DURING THE COURSE OF ASSESSMENT PROCEEDING, NEITHER PRODUCED ANY EVIDENCE CONTROVERTING THE SAID CONTENTION OF THE ASSESSING OFFICER DURIN G THE ASSESSMENT PROCEEDING. ITA NO . 2464 /DEL /20 1 6 BHASIN INFOTECH & INFRASTRUCTURE PVT. LTD. 2 4. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN LAW IN DELETING THE ADDITION OF RS. 4,32,00,200/ - DESPITE THE FACT THAT THE EVIDENCE IN SUPPORT OF THE ASSESSEE S CLAIM PRODUCED BY THE ASSESSEE ADMITTE D BY THE LD. CIT(A) WITHOUT ANY OPPORTUNITY OF BEING HEARD TO THE A.O., HENCE IN CONTRAVENTION OF RULE 46A OF THE INCOME TAX ACT, 1961 IN THIS REGARD. 2. AT THE OUTSET, IT WAS BROUGHT TO OUR NOTICE THAT THE ASSESSMENT HAS BEEN WRONGLY MADE IN THE CASE OF THE APPELLANT COMPANY NAMELY BHASIN INFOTECH & INFRASTRUCTURE PVT. LTD. INSTEAD OF M/S BHASIN MOTORS (I) PVT. LTD. THE LD. CIT (A) HAS DELETED THE ADDITION SOLELY ON THIS GROUND AS THE ADDITION RIGHTLY BELONGS TO M/S BHASIN MOTORS (I) PVT. LTD. THE ASSE SSMENT ORDER FOR THE YEAR 2012 - 13 IN THE CASE OF M/S BHASIN MOTORS (I) PVT. LTD. WAS ALSO FILED BEFORE US WHEREIN THE SIMILAR ADDITION WAS MADE. 3. THE LD. DR AND THE LD. AR FAIRLY ACCEPTED TO THE FACTS ON RECORD. SINCE, NO ERROR HAS BEEN BROUGHT ON THE ORDER OF THE LD. CIT (A), WE HEREBY DECLINE TO INTERFERE IN THE SAID ORDER . 4 . IN THE RESULT, THE APPEAL OF THE REVENUE DISMISSED . (ORDER PRO N OUNC ED IN THE OPEN COURT ON 25 /0 7 /2019). SD/ - SD/ - ( H. S. SIDHU ) ( DR. B. R. R. KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 25 /07 /2019 *SUBODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR