Philip Koshy, Delhi V. DCIT, New Delhi

ITA 2803/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5385 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 9 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 17-05-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Principle of natural justice; Set aside
• Section: 54

Judgement Text

ITA NO.-2803/DEL/2016. PHILIP KOSHY. PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: B: NEW DELHI) BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 2803/DEL/2016 ( ASSESSMENT YEAR: 2012-13) PHILIP KOSHY, A 109 SWASTHYA VIHAR DELHI 110092. VS. DCIT, CENTRAL CIRCLE 29 NEW DELHI. PAN NO: ARMPK8500C APPELLANT RESPONDENT ASSESSEE BY : SHRI SANAT KAPOOR, ADV. SHRI SAMARTH CHAUDHARI, ADV. REVENUE BY : SHRI JAGDISH SINGH, SR. DR PER ANADEE NATH MISSHRA, AM (A) THIS APPEAL BY ASSESSEE IS FILED AGAINST THE IMPUG NED APPELLATE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-30, NEW DELHI [LD. CIT(A), FOR SHORT], DATED 22.02.2016 FOR ASSESSMENT YEAR 2012-13. GROUNDS TA KEN IN THIS APPEAL OF ASSESSEE ARE AS UNDER: 1. THE CIT(A) HAS GROSSLY ERRED ON FACTS AND IN LA W IN UPHOLDING THE ASSESSMENT ORDER ASSESSING THE INCOME AT RS 1,09,00 ,762/- 2. THE CIT(A) HAVE GROSSLY ERRED ON FACTS AND IN LA W IN PASSING THE IMPUGNED APPELLATE ORDER WITHOUT GIVING A PROPER AND SUFFICI ENT OPPORTUNITY TO THE ASSESSEE TO BE HEARD. THE ORDER IS PASSED IN VIOLAT ION OF PRINCIPLES OF NATURAL ITA NO.-2803/DEL/2016. PHILIP KOSHY. PAGE 2 OF 4 JUSTICE. 3. THE AO ALSO GROSSLY ERRED ON FACTS AND IN LAW IN PASSING THE IMPUGNED ASSESSMENT ORDER WITHOUT GIVING A PROPER AND SUFFIC IENT OPPORTUNITY TO THE ASSESSEE TO BE HEARD. THE ORDER IS PASSED IN VIOLAT ION OF PRINCIPLES OF NATURAL JUSTICE. 4. THE CIT(A) GROSSLY ERRED ON FACTS AND IN LAW IN UPHOLDING THE ACTION OF THE AO TO DISALLOW THE CLAIM OF THE ASSESSEE U/S 54 AND GROSSLY ERRED IN UPHOLDING ADDITION OF RS 1,08,23,892/- MADE BY THE AO ON THIS ACCOUNT. 5. THE CIT(A) GROSSLY ERRED ON FACTS AND IN LAW IN UPHOLDING THE ADDITION OF RS 1,08,23,892/- WITHOUT PROPERLY APPRECIATING THE TRU E NATURE AND SPIRIT OF SEC 54. 6. THAT THE CIT (A) HAS ERRED IN NOT APPRECIATING T HAT ON THE GIVEN FACTS AND CIRCUMSTANCES THE ASSESSEE IS ENTITLED TO CLAIM U/S 54. 7. THE CIT(A) HAS GROSSLY ERRED IN LAW AND ON FACTS IN HOLDING THAT THE ASSESSEE DID NOT FURNISH THE DETAILS OF PAYMENT REC EIVED ON SALE OF TWO PROPERTIES . THIS OBSERVATION IS ILLEGAL, BAD IN LA W, WITHOUT JURISDICTION AND CONTRARY TO THE FACT ON RECORD. 8. THE VARIOUS OBSERVATIONS MADE IN THE ASSESSMENT ORDER AND THE CIT(A) ORDER AGAINST THE ASSESSEE ARE ILLEGAL, BAD IN LAW, BASED ON SURMISES AND CONJECTURES AND CONTRARY TO THE FACTS AND MATERIAL ON RECORD. 9. THAT THE EXPLANATIONS FILED BEFORE THE CIT(A) AN D THE MATERIAL AVAILABLE ON RECORD HAS NOT BEEN CONSIDERED JUDICIOUSLY AND INTE RPRETED LEGALLY. THE ADDITIONS UPHELD CANNOT BE JUSTIFIED BY ANY MATERIA L ON RECORD. 10. THAT THE ADDITIONS ARE UNJUST, ILLEGAL, ARBITRA RY AND HIGHLY EXCESSIVE. WITHOUT PREJUDICE TO THE GROUNDS ABOVE, THE ADDITIO NS SHOULD BE REDUCED SUBSTANTIALLY. 11. THAT THE ASSESSEE RESERVES THE RIGHT TO RAISE A DDITIONAL GROUNDS AND / OR AMEND, ALTER THE GROUNDS ABOVE. (B) AT THE TIME OF HEARING, LD. COUNSEL FOR ASSESSEE S UBMITTED THAT SUFFICIENT OPPORTUNITY WAS NOT PROVIDED BY LD. CIT(A) DURING A PPELLATE PROCEEDINGS BEFORE ITA NO.-2803/DEL/2016. PHILIP KOSHY. PAGE 3 OF 4 LD. CIT(A); AND REQUESTED TO SET ASIDE THE ISSUES I N DISPUTE TO THE FILE OF THE LD. CIT(A) FOR FRESH ORDER. THE LEARNED DEPARTMENTAL R EPRESENTATIVE (LD. DR, FOR SHORT) FOR REVENUE WAS AGREEABLE TO THIS, AND EXPRE SSED NO OBJECTION TO THIS. IN VIEW OF THE FOREGOING, AND AS BOTH SIDES AGREE; WE SET ASIDE THE IMPUGNED APPELLATE ORDER DATED 22.02.2016 OF LD. CIT(A) AND RESTORE ALL THE DISPUTED ISSUES IN THE PRESENT APPEAL TO THE FILE OF LD. CIT (A) FOR FRESH ORDER AS PER LAW AFTER PROVIDING REASONABLE OPPORTUNITY TO THE ASSES SEE. THE ASSESSEE IS DIRECTED TO PRESENT HIMSELF, EITHER IN PERSON OR TH ROUGH AUTHORIZED REPRESENTATIVE (AR, FOR SHORT) BEFORE THE LD. CIT (A), FROM 10 AM ONWARDS ON 16.04.2020 AND JOIN APPELLATE PROCEEDINGS BEFORE LD . CIT(A) IN PURSUANCE OF THIS ORDER. (C) IN THE RESULT, APPEAL FIELD BY ASSESSEE IS PARTLY ALLOWED. ORDER IS PRONOUNCED IN OPEN COURT ON 19/02/2020. SD/- SD/- (H.S. SIDHU) (ANADEE NATH M ISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 19/02/2020 POOJA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ITA NO.-2803/DEL/2016. PHILIP KOSHY. PAGE 4 OF 4 ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 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