Shri Ashok Kumar Bansal, New Delhi V. ITO, New Delhi

ITA 2476/DEL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3698 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 02-05-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 03-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T VASANTHAN
• Assessee Lawyers: DR RAKESH GUPTA; SOMIL AGARWAL S
• Keywords: Additional evidence
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT ITA NO.2476/DEL/2016 ASSESSMENT YEAR : 2007-08 ASHOK KUMAR BANSAL, C-50, MALVIYA NAGAR, NEW DELHI. PAN: AAEPB7000K VS. ITO, WARD-23(4), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : DR. RAKESH GUPTA & SHRI SOMIL AGARWAL, ADVOCATES DEPARTMENT BY : SHRI T. VASANTHAN, SR. DR DATE OF HEARING : 17.10.2017 DATE OF PRONOUNCEMENT : 18.10.2017 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST OR DER PASSED BY THE CIT(A) ON 24.02.2016 IN RELATION TO THE ASSESSMENT YEAR 2007-08. 2. THE ASSESSEE HAS RAISED THE FOLLOWING ADDITIONAL GROUNDS CHALLENGING THE INITIATION OF REASSESSMENT PROCEEDI NGS:- ITA NO.2476/DEL/2016 2 1. THAT HAVING REGARD TO THE FACTS AND CIRCUMSTANC ES OF THE CASE, LD. CIT(A) ERRED IN LAW AND ON FACTS IN NOT QUASHING TH E IMPUGNED REASSESSMENT ORDER PASSED BY THE LD. A.O. U/S 143(3 )/147 AND THAT TOO WITHOUT ASSUMING JURISDICTION AS PER LAW AND WITHOU T COMPLYING WITH THE MANDATORY CONDITIONS U/S 147 TO 151 AS ENVISAGE D UNDER THE INCOME TAX ACT, 1961. 2. THAT IN ANY CASE AND IN ANY VIEW OF THE MATTER, ACTION OF LD. CIT(A) IN NOT QUASHING THE IMPUGNED REASSESSMENT OR DER PASSED BY THE LD. A.O. U/S 143(3)/147 IS BAD IN LAW AND AGAIN ST THE FACTS AND CIRCUMSTANCES OF THE CASE. 3. THE LD. AR FAIRLY ADMITTED THAT THE ADDITIONAL GROUNDS COULD NOT BE RAISED BEFORE THE LD. FIRST APPELLATE AUTHORITY BUT THE RELEVANT MATERIAL CONCERNING THE DISPOSAL OF SUCH ADDITIONAL GROUNDS IS AVAILABLE ON RECORD. SINCE THE ISSUE RAISED THROUGH THE ADDITIO NAL GROUNDS GOES TO THE ROOT OF THE MATTER AND IS LEGAL IN NATURE, I ADMIT THE ADDITIONAL GROUNDS RAISED BEFORE THE TRIBUNAL. 4. COMING TO THE MERITS, IT IS SEEN THAT THE ASS ESSEE HAS ALSO FILED ADDITIONAL EVIDENCE, WHICH AS PER THE LD. AR COULD NOT BE PRODUCED BEFORE THE AUTHORITIES BELOW FOR THE REASONS BEYOND ITS CONTROL. UNDER THESE CIRCUMSTANCES AND WITHOUT GOING INTO THE MERI TS OF THE CASE, I AM OF THE CONSIDERED OPINION THAT THE ENDS OF JUSTICE WOULD MEET ADEQUATELY IF THE IMPUGNED ORDER IS SET ASIDE AND THE MATTER I S RESTORED TO THE FILE OF ITA NO.2476/DEL/2016 3 THE LD. CIT(A). I ORDER ACCORDINGLY AND DIRECT HIM TO DISPOSE OF THE ASSESSEES AFORESTATED ADDITIONAL GROUNDS AND ALSO CONSIDER THE ADDITIONAL EVIDENCE WHICH HAS BEEN STATED TO BE CRU CIAL FOR THE DETERMINATION OF THE ISSUE ON MERITS AS WELL. 5. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES ONLY. THE ORDER PRONOUNCED IN THE OPEN COURT ON 18.10.201 7. SD/- [R.S. SYAL] VICE PRESIDENT DATED, 18 TH OCTOBER, 2017. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.