Mohsinuddin, New Delhi V. ITO, New Delhi

ITA 247/DEL/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 97322 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 2
• Next Hearing Date: 11-08-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 12-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS RAKHI VIMAL
• Assessee Lawyers: R S AHUJA
• Section: 69; 148; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC-2 NEW DELHI BEFORE SHRI J.SUDHAKAR REDDY ACCOUNTANT MEMBER ITA NO: 247/DEL/2015 ASSTT. YEAR : - 2006-07 MOHSINUDDIN VS. ITO 6489, NAWAB ROAD, WARD-39(3) SADAR BAZAR, NEW DELHI. NEW DELHI - 110 006 (PAN AAMPM7344R) (APPELLANT) ( RESPONDENT) APPELLANT BY : SHRI R.S. AHUJA, CA RESPONDENT BY :MRS. RAKHI VIMAL, JCIT DATE OF HEARING :11.8.2015 DATE OF PRONOUNCEMENT : 11 .9.2015 O R D E R PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE D IRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-XXVIII, NEW DE LHI DATED 3.11.2014 FOR THE ASSESSMENT YEAR 2006-07 ON THE FOLLOWING GROUNDS :- 1) HOLDING THAT THE CASE HAD BEEN VALIDLY REOPENED U/S 148 OF THE INCOME TAX ACT. 2) MAKING AN ADDITION OF RS. 3,39,471 ON ACCOUNT OF CR EDIT CARD PAYMENT U/S 69 3) NOT TAKING INTO ACCOUNT A HOLISTIC SITUATION WHEREI N THE ASSESSEE HAS HUGE NON TAXABLE INCOME AND DRAWINGS LARGE ENOUGH TO COV ER THE CREDIT CARE PAYMENTS & THEREFORE THE ADDITION NEED NOT HAVE BEE N MADE. 4) NOT GIVING RELIEF U/S 111A OF THE INCOME TAX ACT, 1 961 ITA NO. 247/DEL/2014 MOHSINUDDIN V S. ITO 2 2. AFTER HEARING RIVAL CONTENTIONS I AM OF THE CONSIDERED VIEW THAT THE ADDITION OF RS.3,39,471/- CANNOT BE SUSTAINED FOR THE REASON THAT , THE ASESSEE HAS FURNISHED SUFFICIENT MATERIAL TO DEMONSTRATE THE SOURCE OF TH E SAID EXPENDITURE. THE ASSESSEE HAS WITHDRAWALS OF RS. 9,39,513/- DURING THE YEAR A ND TURN OVER OF RS. 84,97,196/- DURING THE YEAR. THE ASSESSEE HAS BEEN FILING HIS R ETURN FOR MORE THAN THREE DECADES. LD. COUNSEL FOR THE ASSESSEE FURNISHED COR RESPONDENCE MADE WITH THE BANK, WHICH ISSUED THE CREDIT CARD, WITH A VIEW TO OBTAIN A COPY OF THE STATEMENT OF ACCOUNT, SO THAT THE AUTHENTICITY OF THE AIR INFORM ATION CAN BE VERIFIED. COPY OF THE CREDIT CARD WAS ENCLOSED, TO DEMONSTRATE THAT THE B ANK WAS WRONG IN REJECTING THE APPLICATION FOR THE ASSESSEE ON THE GROUND THAT TH E NUMBER GIVEN AT THE CREDIT CARD IS INCORRECT. AS THERE IS NO POSITIVE EVIDENCE THAT THE AIR INFORMATION IS INCORRECT, WE CANNOT ACCEPT THIS CONTENTION OF THE ASSESSEE. NEVE RTHELESS, AS THE ASSESSEE HAS DEMONSTRATED THAT HE HAS SUFFICIENT MEANS BY WAY OF DRAWINGS, THE ADDITION MADE U/S 69 IS DELETED. GROUND NO. 4 IS DISMISSED AS NOT PRESSED. 3. IN THE RESULT APPEAL OF THE ASSESSEE IS ALL OWED IN PART. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH SEPTEMBER, 2015. SD/- (J. SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED: THE 11 TH SEPTEMBER, 2015 VEENA COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT ITA NO. 247/DEL/2014 MOHSINUDDIN V S. ITO 3 3. CIT 4. CIT(A) 5. DR 6. GUARD FILE BY ORDER DY. REGISTRAR SL. NO. DESCRIPTION DATE 1. DATE OF DICTATION BY THE AUTHOR 11.8.2015 2. DRAFT PLACED BEFORE THE DICTATING MEMBER 14.8.2 015 3. DRAFT PLACED BEFORE THE SECOND MEMBER 4. DRAFT APPROVED BY THE SECOND MEMBER 5. DATE OF APPROVED ORDER COMES TO THE SR. PS 6. DATE OF PRONOUNCEMENT OF ORDER 7. DATE OF FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER