ITO, Bhiwani V. Shri Vishnu Soni, Bhiwani

ITA 2518/DEL/2017

AI Insights

This case involves an appeal by the Revenue against the order of the Commissioner of Income Tax (Appeals), Hissar, which pertained to the assessment year 2012-13. The Revenue contested the deletion of additions made by the Assessing Officer (AO) regarding discrepancies in the books of accounts and the existence of certain creditors. The CIT (Appeals) had accepted the assessee's explanations, which the Revenue challenged, citing a lack of proper consideration of the evidences and statements provided during the assessment proceedings. The tribunal decided to remand the matter back to the Assessing Officer for a thorough re-examination of the evidences and proper adjudication.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 129830 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 11 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-04-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 24-04-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 26-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

ITA. No.2518/Del/2017 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G” NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER आ.अ.सं .I.T.A No. 2518/Del/2017 िनधाᭅरण वषᭅ/Assessment Year: 2012-13 Income Tax Officer, Ward : 3, Bhiwani. बनाम Vs. Shri Vishnu Soni, Prop. M/s. A.M. Diamonds, Shop No. 2, 4 th Floor, 2465/9-10, Beadonpura,Karol Bagh New Delhi – 110 005. PAN No. BBDPS7201L अपीलाथᱮ/ Appellant ᮧ᭜यथᱮ/ Respondent िनधाᭅᳯरतीकᳱओरसे / Assessee by : Shri Ved Jain, Adv.; Shri Aman Garg, Adv.; & Ms. Supriya Mehta, C. A. राज᭭वकᳱओरसे / Department by : Shri B. M. Singh, Sr. D. R.; सुनवाईकᳱतारीख/ Date of hearing : 25.04.2023 उ᳃ोषणाकᳱतारीख/Pronouncement on : 25.04.2023 आदेश / O R D E R PER C. N. PRASAD, J.M. 1. This appeal is filed by the Revenue against the order of the ld. Commissioner of Income Tax (Appeals) [hereinafter referred ITA. No.2518/Del/2017 2 to CIT (Appeals)] Hissar, dated 13.02.2017 for assessment year 2012-13. 2. The Revenue has raised the following substantive grounds of appeal:- “1. On the facts and in the circumstances of the case, the Ld. CIT (appeal) has erred in deleting the addition made by the AO at Rs.21942400/- on account of contradiction of facts/ narration in books of accounts and Audit Report in the case of M/s Ganga Business Pvt. Ltd. without appreciating the facts that both the documents were furnished by the assessee himself and the assessee even did know the proper transaction with the transacting party namely M/s Ganga Business Pvt. Ltd. as he denied having known of dealings i.e purchase or sell to the said party in his statement during the assessment proceedings. The AO has made addition rightly. 2 On the facts and in the circumstances of the case, the Ld. CIT (appeal) has erred in deleting the addition made by the AO at Rs.109414682/- on account of non-genuine Creditor namely Hement Jems & Jewels, New Delhi without appreciating the facts that the AO got field enquires through inspector of income tax, and found such creditor is not existing. 3 On the facts and in the circumstances of the case, the Ld. CIT (appeal) has erred in accepting the version of assessee and deleting the addition made by the AO at Rs.109414682/- and Rs.21942400 on account of non-genuine Creditor and on account of contradiction of facts/ narration in books of accounts and Audit Report without appreciating the facts mentioned in assessment order itself and without giving any opportunity to AO/ remand report. The AO had found discripencies in the books of A/c, made requisite field enquries, recorded the statement of the assessee and then he had made the above addition in a proper and gist manner ITA. No.2518/Del/2017 3 4 On the facts and in the circumstances of the case, the Ld. CIT (appeal) has erred in accepting the version of books of account of assessee without appreciating the facts that the books of accounts have rightly been rejected on the defects noticed and mentioned in the assessment order.” 3. The ld. Counsel, at the outset, submits that the Revenue’s case is that the assessee has filed additional evidences before the ld. CIT (Appeals) and the ld. CIT (Appeals) without calling for the remand report and providing opportunity to the assessing officer passed order admitting the evidences. The ld. Counsel submits that the assessee has no objection in remanding the matter back to the file of the Assessing Officer for re-adjudication of the issue. 4. The ld. DR submits that the matter has to be restored to the file of the Assessing Officer for appreciation of the evidences furnished by the assessee before the ld. CIT (Appeals). 5. Considering the submissions of rival parties, all these issues in appeal are restored to the file of the Assessing Officer for de novo adjudication, after providing adequate opportunity of being heard to the assessee. The assessee is at liberty to file the evidences before the Assessing Officer in support of its claims. 6. In the result, the appeal of the Revenue is allowed for statistical purposes. Order pronounced in the open court on : 25/04/2023. Sd/- Sd/- ( SHAMIM YAHYA ) ( C. N. PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER ITA. No.2518/Del/2017 4 Dated : 25/04/2023 *MEHTA* Copy forwarded to : 1. Appellant; 2. Respondent; 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, New Delhi. Date of dictation 25.04.2023 Date on which the typed draft is placed before the dictating member 25.04.2023 Date on which the typed draft is placed before the other member 25.04.2023 Date on which the approved draft comes to the Sr. PS/ PS 25.04.2023 Date on which the fair order is placed before the dictating member for pronouncement 25.04.2023 Date on which the fair order comes back to the Sr. PS/ PS 25.04.2023 Date on which the final order is uploaded on the website of ITAT 25.04.2023 Date on which the file goes to the Bench Clerk 25.04.2023 Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the order