Mrs. Ramesh Khaneja, Faridabad V. ITO, Faridabad

ITA 2733/DEL/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6430 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 2
• Next Hearing Date: 20-12-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 13-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B RAMANJANEYULU
• Assessee Lawyers: RAJAT CHHABRA
• Keywords: Loose papers; Opportunity of being heard
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC-II : NEW DELHI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER ITA NO.2733/DEL/2016 ASSESSMENT YEAR : 2007-08 RAMESH KHANEJA, 14-D/5, FRUIT GARDEN AREA, FARIDABAD. PAN : AEVPK9919H VS. ITO, WARD-11(4), FARIDABAD. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJAT CHHABRA, CA RESPONDENT BY: SHRI B. RAMANJANEYULU, SR. DR DATE OF HEARING : 20.12.2016 DATE OF PRONOUNCEMENT: 21.12.2016 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) ON 16.02.2016 IN RELATION TO ASSESSMENT YEAR 2007-08. 2. BRIEFLY STATED, THE FACTS OF THE CASE ARE THA T ORIGINAL ASSESSMENT IN THIS CASE WAS COMPLETED MAKING ADDITIONS OF RS.1,90,442 /- AND RS.8,11,717/- ON ACCOUNT OF UNPROVED SHARE CAPITAL. FIRST APPEAL WAS ALLOWED. IN THE ITA NO.2733/DEL/2016 2 SECOND APPEAL BY THE DEPARTMENT, THE TRIBUNAL, VIDE ITS ORDER DATED 7.2.2014 ( IN ITA NO.1765/DEL/2010), REMITTED THE M ATTER TO THE CIT(A) WITH THE FOLLOWING DIRECTIONS:- IN VIEW OF THE ABOVE FACTS AND CIRCUMSTANCES, WE D EEM IT APPROPRIATE TO REMIT BACK THE FILE TO THE OFFICE OF LD.CIT(A) WHO WOULD REQUIRE THE ASSESSEE TO FILE COPY OF DEMAT ACCOUNT OF ASSESSEE WITH M/S DIVYA PORTFOLIO PVT. LTD., AND HE WILL TAKE INTO ACCOUNT THE VALUATION OF SHARES IF ANY FOUND LAYING IN THE NAME OF ASSESSEE WITH TH AT BROKER. THE LD. CIT(A) WILL ALSO LOOK INTO THE ASPECT OF RE DUCTION OF VALUATION OF CERTAIN SCRIPTS AND WILL EXAMINE THE MARKET PRICE O R COST PRICE AS ON 31.3.2007 TO ARRIVE AT HIS FINDINGS. 3. PURSUANT TO THE SAID ORDER OF THE TRIBUNAL, THE LD. CIT(A) ISSUED NOTICE TO THE ASSESSEE FOR FURNISHING THE NECESSARY DETAIL S AS DIRECTED BY THE TRIBUNAL. IT HAS BEEN NOTICED ON PAGE 7 OF THE IMP UGNED ORDER THAT: THE APPELLANT FURNISHED SOME LOOSE PAPERS WITHOUT ANY C OVERING LETTER AS THESE PAPERS (PHOTOCOPIES) WERE TOTALLY ILLEGIBLE AND EVE N AFTER THE SAME BEING POINTED OUT TO THE LD. AR, NO FURTHER EVIDENCE WAS SUBMITTED. THAT IS HOW THE APPEAL WAS DISMISSED, AGAINST WHICH THE ASSESSE E HAS COME UP IN APPEAL BEFORE THE TRIBUNAL. 4. I HAVE HEARD BOTH THE SIDES AND PERUSED THE RELE VANT MATERIAL ON RECORD. THE LD. AR SUBMITTED THAT THE LOOSE PAPERS WHICH WERE DIRECTED TO BE FILED BEFORE THE LD. CIT(A) WERE ACTUALLY FILED, BUT, THE LD. CIT(A), ITA NO.2733/DEL/2016 3 WITHOUT POINTING OUT THE DEFICIENCY OF BEING ILLEGI BLE TO THE ASSESSEE, PROCEEDED TO DISMISS THE APPEAL. IT WAS SUBMITTED T HAT THE ASSESSEE HAS NOW GOT TYPED COPIES OF SUCH DOCUMENTS WHICH CAN BE PLA CED BEFORE THE LD. CIT(A). NO SERIOUS OBJECTION WAS TAKEN BY THE LD. DR IN REMITTING THE MATTER BACK TO THE LD. FIRST APPELLATE AUTHORITY. UNDER THE GIVEN CIRCUMSTANCES, I SET ASIDE THE IMPUGNED ORDER AND R EMIT THE MATTER TO THE FILE OF THE LD. CIT(A) FOR DECIDING THE ISSUE(S) AF RESH IN THE LIGHT OF THE DIRECTION GIVEN BY THE TRIBUNAL IN THE FIRST ROUND AND AFTER AFFORDING A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESS EE. NEEDLESS TO SAY, THE ASSESSEE HAS UNDERTAKEN AND WILL FILE LEGIBLE COPIE S OF THE DOCUMENTS DIRECTED TO BE PRODUCED BY THE TRIBUNAL EARLIER. 5. IN THE RESULT, THE APPEAL FILED BY THE ASS ESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 2 1 ST DECEMBER, 2016. SD/- (R.S. SYAL) ACCOUNTANT MEMBER DATED: 21 ST DECEMBER, 2016. DK ITA NO.2733/DEL/2016 4 COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR DY. REGISTRAR, ITAT, NEW DELHI