DCIT, Rohtak V. M/s. KLA India Public Ltd., New Delhi

ITA 2850/DEL/2015

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5383 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 08-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAINA SOIN KAPILA
• Keywords: Accommodation entries

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: BENCH D, NEW DELHI BEFORE SMT. BEENA A PILLAI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 2850/DEL/2015 AY: 2011-12 DCIT ROHTAK CIRCLE, ROHTAK. VS . KLA INDIA PUBLIC LTD. 21/3, GROUND FLOOR, GEETA MANDIR MARG, NEAR RAJINDER NAGAR, NEW DELHI. AABCK7701L (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. NAINA SOIN KAPILA, SR. DR RESPONDENT BY : SH. PIYUSH KAMAL, ADV. SH. GAUTAM JAIN, ADV. SH LALIT MOHAN, CA DATE OF HEARING : 24/01/2019 DATE OF PRONOUNCEMENT : 29/01/2019 ORDER PER BEENA A PILLAI, JUDICIAL MEMBER PRESENT APPEAL HAS BEEN FILED BY REVENUE AGAINST OR DER DATED 09/03/15 PASSED BY LD.CIT (A), ROHTAK, ON FOLLOWING GROUNDS OF APPEAL: 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD . CIT(A) HAS ERRED IN LAW AND IN FACTS IN DELETING THE ADDITION AMOUNTING TO RS. 2,48,79,650/- MADE BY THE AO FOLLOWING THE INFO RMATION RECEIVED FROM THE DDIT(INV.), UNIT VI(2), DELHI ON THE ISSUE THAT THE COMPANY HAD INTRODUCED SHARE APPLICATION MONEY FROM THE ACCOMMODATION ENTRY PROVIDERS. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN LAW AND IN FACTS IN DELETING THE ABOVE SAI D ADDITION MERE RELYING ON THE SUBMISSION FILED BY THE ASSESSEE THA T ALL TRANSACTIONS WERE MADE THROUGH BANKING CHANNEL AND ALL ITA NO. 2850/DEL/2015 2 DOCUMENTS WERE PRODUCED BY THE ASSESSEE RELATED TO SHARE TRANSACTIONS. THUS, CIT(A) HAS FAILED TO APPRECIAT E THE FINDINGS OF AO AND INVESTIGATION WING. 3. THE APPLICANT CRAVES LEAVE TO ADD, AMEND, ALTER, MO DIFY, DELETE AND OR CHANGE ANY OF THE ABOVE GROUNDS ON OR BEFORE THE DATE OF HEARING. 2. AT THE OUTSET, LD. COUNSEL BROUGHT TO THE NOTICE OF THIS BENCH THAT GROUNDS RAISED BY REVENUE DOES NOT ARISE EITHER OUT OF ASSESSMENT ORDER, OR FROM ORDER PASSED BY LD.CIT(A). HE SUBMITTED THA T ENTIRE BASIS OF ADDITION IN ASSESSMENT ORDER LD. CIT(A) WAS ON GP R ATE DECLARED BY ASSESSEE, WHEREAS GROUNDS RAISED BEFORE THIS TRIBUN AL IS ON ACCOMMODATION ENTRIES. 3. LD.SR.DR COULD NOT CONTROVERT AFORE STATED SUBMI SSIONS MADE BY LD. COUNSEL. WE, ACCORDINGLY, DISMISSED APPEAL FILED BY REVENUE IN LIMINE. IN THE RESULT APPEAL FILED BY REVENUE STANDS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 29/01/2019 SD/- SD/- (PRASHANT MAHARISHI) (B EENA A PILLAI) ACCOUNTANT MEMBER JUDIC IAL MEMBER DATED: 29.01.2019 *KAVITA ARORA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO. 2850/DEL/2015 3 DATE OF DICTATION 25/01/2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 25/01 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 D ICTATING MEMBER FOR PRONOUNCEMENT 2 9 / 0 1 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 3 0 / 0 1 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 3 0 / 0 1 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 3 0 / 0 1 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER