Sh. Girish Mittal, New Delhi V. ITO, New Delhi

ITA 2487/DEL/2013

• Counselvise Citation: 248720114 RSA 2013
• Duration Of Justice: 2 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-08-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC 1
• Next Hearing Date: 14-07-2015
• Assessment Year: 2002-2003
• Appeal Filed On: 26-04-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: DEVI SHARAN SINGH
• Assessee Lawyers: NARENDER CHHILLAR; SACHIN MITTAL S
• Keywords: Gift; Income from undisclosed sources
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH SMC SMC SMC SMC : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA, VICE , VICE , VICE , VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT ITA NO ITA NO ITA NO ITA NO . .. . 2487/DEL/2013 2487/DEL/2013 2487/DEL/2013 2487/DEL/2013 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2002 2002 2002 2002 - -- - 03 0303 03 SHRI GIRISH MITTAL, SHRI GIRISH MITTAL, SHRI GIRISH MITTAL, SHRI GIRISH MITTAL, C CC C- -- -2/132, JANAK PURI, 2/132, JANAK PURI, 2/132, JANAK PURI, 2/132, JANAK PURI, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 058. 110 058. 110 058. 110 058. PAN : AHAPM1987D. PAN : AHAPM1987D. PAN : AHAPM1987D. PAN : AHAPM1987D. VS. VS. VS. VS. COMMISSIONE COMMISSIONE COMMISSIONE COMMISSIONE R OF INCOME TAX R OF INCOME TAX R OF INCOME TAX R OF INCOME TAX (APPEALS) (APPEALS) (APPEALS) (APPEALS)- -- -XVII, XVII, XVII, XVII, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI NARENDER CHH ILLAR AND SHRI SACHIN MITTAL, ADVOCATES. RESPONDENT BY : SHRI DEVI SHARAN SINGH, SR.DR. DATE OF HEARING : 14.07.20 14.07.20 14.07.20 14.07.2015 1515 15 DATE OF PRONOUNCEMENT : 03.08.2015 03.08.2015 03.08.2015 03.08.2015 ORDER ORDER ORDER ORDER THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2002-0 3 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-XVII, NEW DELHI DATED 15 TH FEBRUARY, 2013. 2. THE ASSESSEE HAS FILED THE CONCISE GROUNDS OF APPEAL AS UNDER:- 1. THAT THE CIT(A) HAS ERRED ON THE FACTS AND IN LA W IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER BY UPHOL DING THE REASSESSMENT FRAMED UNDER SECTION 148 OF THE INCOME TAX ACT, 1961 (THE ACT) WITHOUT APPRECIATING THE FACT THAT EXCEPT THE INFORMATION THERE IS NO EVIDENCE, TANGIBL E MATERIAL OR REQUISITE SATISFACTION FOR ASSUMING JURISDIC TION. 2. THAT THE CIT(A) HAS ERRED ON THE FACTS AND IN LAW IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER BY WAY O F ADDING RS.2,00,200 AS INCOME FROM UNDISCLOSED SOURCES. 2.1 THAT THE CIT(A) HAS ERRED ON THE FACTS AND IN LA W IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER WITHOUT ITA-2487/DEL/2013 2 APPRECIATING THE EXPLANATION AND EVIDENCES PROVIDED AND PLACED ON RECORD WHICH IS SUFFICIENT TO JUSTIFY THE GENUINENESS OF THE GIFT RECEIVED. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT T HE ASSESSING OFFICER NEVER ASKED TO PRODUCE THE DONOR SHRI MUKESH GUPTA WHO HAS ADVANCED A LOAN OF `2,00,200/-. HE SUBMITTE D THAT THEREAFTER, SHRI MUKESH GUPTA HAS EXPIRED AND THE ASSESSEE WAS NOT IN A POSITION TO PRODUCE HIM BEFORE THE AUTHORITIES. HE SUBMITTED THAT THE ASSESSEE HAS FILED COMPLETE EVIDENCE IN THE FORM OF COPIES OF BANK STATEMENT OF THE ASSESSEE, BANK STATEMENT OF THE DONOR, COMPUTATION O F INCOME OF THE ASSESSEE, GIFT DEED, AFFIDAVIT FROM THE DONOR, RET URN OF INCOME OF THE DONOR ALONG WITH COMPUTATION OF WEALTH AND BALA NCE SHEET, ACKNOWLEDGMENT OF RETURN OF INCOME OF THE DONOR FOR THE ASSESSMENT YEAR 2001-02, LETTER ISSUED BY THE INCOME TAX DEPARTM ENT TO THE DONOR FOR MEMBERSHIP OF EXCLUSIVE CLUB OF TAXPAYERS A ND RATION CARD OF THE DONOR, COPIES OF WHICH HAVE BEEN FILED IN THE CO MPILATION BEFORE THE TRIBUNAL. 4. LEARNED DR HAS RELIED ON THE ORDER OF THE ASSESSING OFFICER AND THE LEARNED CIT(A). HE REFERRED TO THE RELEVANT PO RTION OF THE ASSESSMENT ORDER IN SUPPORT OF THE CASE OF THE REVENUE. 5. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND HAVE PERU SED THE ORDER OF THE ASSESSING OFFICER AND THE LEARNED CIT(A) A ND ALSO THE COPIES OF VARIOUS EVIDENCES FILED BY THE ASSESSEE IN SUPPOR T OF THE GENUINENESS OF THE ENTRY OF `2,00,200/- OF SHRI MUKE SH GUPTA. THE REVENUE COULD NOT CONTROVERT THE SUBMISSION OF THE ASSESSE E THAT THE ASSESSING OFFICER NEVER ASKED THE ASSESSEE TO PRODUCE THE D ONOR SHRI MUKESH GUPTA, WHO HAS NOW EXPIRED. THE ASSESSEE HAS FILED VARIOUS DOCUMENTARY EVIDENCES IN THE FORM OF BANK STATEMENT O F THE DONOR, COPY OF GIFT DEED, AFFIDAVIT OF THE DONOR, COPY OF THE RETURN OF INCOME ITA-2487/DEL/2013 3 TAX AS WELL AS WEALTH TAX AND BALANCE SHEET OF THE D ONOR, COPY OF RATION CARD OF THE DONOR, WHICH COULD NOT BE CONTROVERTED. IN THESE FACTS OF THE CASE, I HOLD THAT THE BURDEN OF PROVING THE IDEN TITY AND CREDITWORTHINESS OF THE DONOR AND THE GENUINENESS OF TH E TRANSACTION OF GIFT HAS BEEN PROVED BY THE ASSESSEE AND NO CASE FOR A DDITION COULD BE MADE OUT BY THE DEPARTMENT AND, ACCORDINGLY, THE ADDITION MADE IS DELETED AND GROUND NOS.2 & 2.1 OF THE ASSESSEE ARE ALLOW ED. 6. IT IS MADE CLEAR THAT SINCE THE ASSESSEE HAS SUCCEEDED O N ITS MERITS AND THE ADDITION HAS BEEN DELETED, THE OTHER I SSUE OF VALIDITY OF REASSESSMENT U/S 148 RAISED IN GROUND NO.1 OF THE CONCISE GROUNDS OF APPEAL OF THE ASSESSEE IS NOT ADJUDICATED UPON. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY AL LOWED. DECISION PRONOUNCED IN THE OPEN COURT ON 3 RD AUGUST, 2015. SD/- (G. (G. (G. (G. C. GUPTA C. GUPTA C. GUPTA C. GUPTA ) )) ) VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : SHRI GIRISH MITTAL, SHRI GIRISH MITTAL, SHRI GIRISH MITTAL, SHRI GIRISH MITTAL, C CC C- -- -2/132, JANAK PURI, NEW DELHI 2/132, JANAK PURI, NEW DELHI 2/132, JANAK PURI, NEW DELHI 2/132, JANAK PURI, NEW DELHI 110 058. 110 058. 110 058. 110 058. 2. RESPONDENT : COMMISSIONER OF INCOME COMMISSIONER OF INCOME COMMISSIONER OF INCOME COMMISSIONER OF INCOME TAX (APPEALS) TAX (APPEALS) TAX (APPEALS) TAX (APPEALS)- -- -XVII, XVII, XVII, XVII, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR