DCIT, New Delhi V. M/s. Jaksons Buildwell Pvt. Ltd., New Delhi

ITA 2830/DEL/2012

• Counselvise Citation: 283020114 RSA 2012
• Duration Of Justice: 5 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-11-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 08-06-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DK MISHR A
• Section: 143(3); 153A; 132

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: D NEW DELHI BEFORE SHRI R.P.TOLANI, JUDICIAL MEMBER AND SHRI J.SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO: 2830/DEL/2012 ASSESSMENT YEAR : - 2006-07 DY.CIT, C.C. 23 VS. M/S JAKSONS BUILDWELL P.LTD. NEW DELHI 4 TH FLOOR, NDM 1, PLOT NO. B-2,3,4 NETAJI SUBHASH PLACE NEW DELHI PAN: AAACJ 2793 G (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI DK MISHRA, CIT, D.R. RESPONDENT BY : SHRI AKARSH GARG, C.A. O R D E R PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) DT. 28.3.201 2 PERTAINING TO THE ASSESSMENT YEAR 2006-07 ON THE FOLLOWING GROUND. 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE, THE COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN L AW AND ON FACTS IN DELETING THE ADDITION OF RS.22,09,098/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF PAYMENTS MADE T O VARIOUS SUPPLIERS/CONTRACTORS AS THE ASSESSEE HAD F AILED TO PROVE THE GENUINENESS OF THESE EXPENSES. 2. THE ASSESSEE IS A COMPANY AND IT HAD FILED ITS R ETURN OF INCOME DECLARING RS.5,98,600/-. THE RETURN WAS PROCESSED UNDER SECTION 143(1). LATER A SEARCH WAS CARRIED ON UNDER SECTIO N 132 OF THE INCOME TAX ACT, 1961 ON 1.9.2005. NOTICE WAS ISSUED UNDER SECTION 143(2) OF THE INCOME TAX ACT, 1961 AND THEREAFTER ASSESSMENT WAS FRAMED UNDER ITA NO. 2830/DEL/2012 PAGE 2 OF 4 ASSESSMENT YEAR 2006-07 M/S JAKSONS BUILDWELL PVT.LTD., NEW DELHI SECTION 143(3) OF THE INCOME TAX ACT, 1961 ACCEPTIN G THE RETURNED INCOME VIDE ORDER DT. 26.12.2007. 3. SUBSEQUENTLY A SECOND SEARCH WAS CARRIED OUT UND ER SECTION 132 OF THE INCOME TAX ACT, 1961 ON 19.1.2009. NOTICE U NDER SECTION 153A OF THE INCOME TAX ACT, 1961 WAS GIVEN ON 18.11.2009. THE ASSESSING OFFICER PASSED AN ORDER ON 26.12.2007 ASSESSING THE INCOME AT RS.28,07,698/-. THE ASSESSEE CARRIED THE MATTER IN APPEAL. THE FIRST APPELLATE AUTHORITY PARTLY ALLOWED THE APPEAL. 4. AGGRIEVED THE REVENUE IS IN APPEAL. 5. WE HAVE HEARD MR. DK MISHRA, DEPARTMENTAL REPRES ENTATIVE ON BEHALF OF THE REVENUE AND MR.AKASH GARG, C.A. ON BE HALF OF THE ASSESSEE. ON A CAREFUL CONSIDERATION OF THE FACTS AND CIRCUMS TANCES OF THE CASE AND ON PERUSAL OF THE PAPERS ON RECORD AS WELL AS T HE ORDERS OF THE AUTHORITIES BELOW, WE HOLD AS FOLLOWS. 6. THE ADDITION IN QUESTION RELATES TO CONTRACTOR S/MATERIAL SUPPLIERS. THERE ARE 4 PARTIES IN QUESTION. THESE ARE: I. JM BUILDING MATERIAL II. MILAN CARRIER III.VIJAY KUMAR JOSHI IV. R.R.ENTERPRISES THE FIRST APPELLATE AUTHORITY GAVE A FINDING OF FAC T THAT THEAO WAS WRONG. WHEN 15 PARTIES LISTED IN LETTER DT. 16.12. 2010 BY THE ASSESSING OFFICER AS NOT GENUINE TRANSACTIONS, IT WAS FOUND THAT THE ASSESSEE HAD NO DEALINGS AT ALL, WITH AT LEAST 11 PARTIES LISTE D BY THE A.O. THE CIT ITA NO. 2830/DEL/2012 PAGE 3 OF 4 ASSESSMENT YEAR 2006-07 M/S JAKSONS BUILDWELL PVT.LTD., NEW DELHI RECORDED THAT THE ASSESSING OFFICER HAS DONE THIS I N A CASUAL MANNER. AS FAR AS THE BALANCE 4 PARTIES ARE CONCERNED, WHICH A RE NAMED ABOVE, THE COMMISSIONER OF INCOME TAX (APPEALS) OBSERVED THAT THE ASSESSEE HAS SUBMITTED FULL DETAILS. BILLS CONTAINING THE NAME, ADDRESS AND PHONE NUMBERS OF THE CONTRACTORS/SUPPLIERS WERE FILED. D ESCRIPTION OF THE GOODS SUPPLIED AND NATURE OF SERVICES RENDERED ALON G WITH THE RATES/MEASUREMENTS ETC. WERE EVIDENT IN THE BILL. PAYMENTS HAVE BEEN MADE BY CROSSED CHEQUES AFTER DEDUCTING TAX AT SOUR CE. THE PERMANENT ACCOUNT NUMBERS AS WELL AS THE TAX DEDUCTION NUMBER S WERE FURNISHED. THE A.O. HAS NOT BROUGHT OUT ANY MATERIAL TO CONTR ADICT THE EVIDENCE PLACED BY THE ASSESSEE. THE ADDITION WAS MADE WITH OUT SPECIFIC ENQUIRY AND BASED ON SOME SURMISES AND CONJECTURES. THUS W E AGREE WITH THE FINDING OF THE FIRST APPELLATE AUTHORITY AND DISMIS S THIS APPEAL OF THE REVENUE. 7. IN THE RESULT THE APPEAL OF THE REVENUE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH NOVEMBER, 2012. SD/- SD/- (R.P. TOLANI) (J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: THE 12 TH NOV. , 2012 *MANGA ITA NO. 2830/DEL/2012 PAGE 4 OF 4 ASSESSMENT YEAR 2006-07 M/S JAKSONS BUILDWELL PVT.LTD., NEW DELHI COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT (A); 5.DR; 6.GUARD FILE BY ORDER DY. REGISTRAR 1. DATE OF DICTATION: 2. DRAFT PLACED BEFORE THE AUTHOR ON: 3. DRAFT PROPOSED AND PLACED BEFORE SECOND MEMBER ON: 4. DRAFT DISCUSSED/APPROVED BY THE SECOND MEMBER ON: 5. APPROVED DRAFT CAME TO SR.P.S. ON: 6. DATE OF PRONOUNCEMENT : 7. FILE SENT TO BENCH CLERK ON : 8. DATE ON WHICH FILE GIVEN TO HEAD CLERK ON: 9. DATE OF DISPATCHING THE ORDER ON :