Sh. Sarabjit Singh, New Delhi V. ITO, Gurgaon

ITA 2635/DEL/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6512 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 1
• Next Hearing Date: 06-12-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 05-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: F R MEENA
• Assessee Lawyers: N S BHATNAGAR
• Keywords: Opportunity of being heard; Assessment record
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-I, NEW DELHI BEFORE SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER ITA NO.2635/DEL/2015 ASSESSMENT YEAR : 2009-10 SARABJIT SINGH, B-601, SOM VIHAR APPT., R. K. PURAM, NEW DELHI. VS. ITO, WARD- 4(1), GURGAON PAN : AOPBS 3725 H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI N. S. BHATNAGAR, ADV. RESPONDENT BY : SHRI F. R. MEENA, SR.DR DATE OF HEARING : 06-12-2016 DATE OF PRONOUNCEMENT : 23-12-2016 O R D E R PER S.V. MEHROTRA, A.M : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 26.02.2015 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-1, GURGAON, U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) RELATING TO ASSESSMENT YEAR 2009-10. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE FI LED HIS RETURN OF INCOME DECLARING AN INCOME OF RS.3,47,630/-. THE ASSESSIN G OFFICER OBSERVED THAT THE CASE WAS SELECTED FOR SCRUTINY THROUGH CASS. H E POINTED OUT THAT NOTICE U/S 143(2) REMAINED UN-COMPLIED AND SINCE THE ASSES SEE FAILED TO PRODUCE THE SOURCE OF DEPOSIT OF RS.17,80,030/- IN SAVING B ANK ACCOUNT MAINTAINED WITH ABN AMRO BANK, GURGAON, THEREFORE, ADDITION ON THE BASIS OF AIR 2 ITA NO.2635/DEL/2015 INFORMATION WAS MADE. HE, FURTHER, MADE AN ADDITIO N OF RS.18,97,550/- IN RESPECT OF CASH DEPOSIT IN ROYAL BANK OF SCOTLAND. 3. BEFORE THE LD. CIT(A), THE ASSESSEE HAD SUBMITTE D AS UNDER :- 5.1 DURING THE COURSE OF APPELLATE PROCEEDINGS, TH E APPELLANT SUBMITTED THE FOLLOWING AGAINST THE AFORESAID ADDITIONS:- '1. I HAVE ONLY ONE SAVING BANK ACCOUNT IN MY INDIV IDUAL NAME IN ROYAL BANK OF SCOTLAND BANK WHICH WAS EARLIER UNDER THE NAME ABN AMRO BANK AS PER RBI LETTER ENCLOSED. APPENDIX NO.1 . 2. PLEASE FIND ENCLOSED THE STATEMENT BANK ACCOUNT NO. 234378 IN THE NAME OF SARABJIT SINGH WHICH IS SAVING BANK ACC OUNT IN ROYAL BANK OF SCOTLAND BANK FORMERLY KNOWN AS ABN AMRO BA NK STATEMENT. APPENDIX-II. 3. PLEASE NOTE ACCOUNT CLEARLY SHOWS NO DEPOSIT OF CASH OF AMOUNT RS. 1,78,030/- OR RS. 18,97,550/- IN THIS INDIVIDUA L BANK A/C. 4. LD. CIT(A) CALLED FOR A REMAND REPORT FOR ASSESS ING OFFICER. 5. THE ASSESSING OFFICER IN THE REMAND REPORT AGAIN CONFIRMED THE ADDITION, INTER-ALIA, OBSERVING THAT THERE WAS OTHER BANK ACCOUNT ALSO WH ICH WAS AVAILABLE IN THE ASSESSMENT RECORDS SOME OF WHI CH HAVE BEEN CLOSED BY THE ASSESSEE DURING THE YEAR UNDER CONSIDERATION. 6. LD. COUNSEL FOR THE ASSESSEE REFERRED TO SUMMARY OF BALANCES AND POINTED OUT THAT COPY OF INFORMATION WAS NOT GIVEN TO ASSESSEE ON THE BASIS OF WHICH ADDITIONS HAVE BEEN MADE. HE POINTED OUT THAT THE ASSESSING OFFICER HAS NOT GIVEN ANY BANK ACCOUNT NUMBER IN RE SPECT OF WHICH ADDITION HAS BEEN MADE. HE POINTED OUT THAT ABN AMRO BANK, GURGAON LATER MERGED WITH ROYAL BANK OF SCOTLAND AND, THEREFORE, FACTS NEED TO BE PROPERLY APPRECIATED BEFORE ARRIVING AT ANY CONCLUS ION. LD. DR RELIED UPON THE ORDER OF CIT(A). 3 ITA NO.2635/DEL/2015 7. I HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE PA RTIES AND HAVE PERUSED THE RECORD OF THE CASE. IT IS EVIDENT FROM THE ORDERS OF THE AUTHORITIES BELOW THAT THE FACTS NEED TO BE RE-MARS HALED PARTICULARLY IN VIEW OF THE STATEMENT OF ASSESSEE. THE SUBMISSION OF AS SESSEE IS THAT HE HAD ONLY ONE SAVING BANK ACCOUNT IN HIS NAME IN ROYAL BANK O F SCOTLAND EARLIER KNOWN AS ABN AMRO BANK. THE ADDITION CAN BE MADE O NLY AFTER PROPER APPRECIATION OF FACTS. THEREFORE, THE MATTER IS RE STORED BACK TO THE FILE OF THE ASSESSING OFFICER FOR PASSING THE ASSESSMENT ORDER DE-NOVO AFTER AFFORDING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESS EE. 8. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 23 RD DAY OF DECEMBER, 2016. SD/- (S.V. MEHROTRA) ACCOUNTANT MEMBER DATED : 23-12-2016. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT; 2) THE RESPONDENT; 3) THE CIT; 4) THE CIT(A)-, GURGAON; 5) THE DR, I.T.A.T., NEW DELHI; BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI