M/s. Apsim International Private Limited, Noida V. ACIT, Noida

ITA 2938/DEL/2014

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 6951 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-01-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 11-01-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 12-05-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S K JAIN SENIOR
• Assessee Lawyers: K P GARG
• Keywords: Unexplained cash credit

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH A AA A : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT AND AND AND AND SHRI KULDIP SINGH SHRI KULDIP SINGH SHRI KULDIP SINGH SHRI KULDIP SINGH, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO . .. . 2938/DEL/2014 2938/DEL/2014 2938/DEL/2014 2938/DEL/2014 ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : 2006 2006 2006 2006 - -- - 07 0707 07 M/S APSIM INTERNATIONAL M/S APSIM INTERNATIONAL M/S APSIM INTERNATIONAL M/S APSIM INTERNATIONAL PRIVATE LIMITED, PRIVATE LIMITED, PRIVATE LIMITED, PRIVATE LIMITED, W WW W- -- -4, SECTOR 4, SECTOR 4, SECTOR 4, SECTOR- -- -11, 11, 11, 11, NOIDA NOIDA NOIDA NOIDA 201 301. 201 301. 201 301. 201 301. PAN : AAECA3702A. PAN : AAECA3702A. PAN : AAECA3702A. PAN : AAECA3702A. VS. VS. VS. VS. ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE, CIRCLE, CIRCLE, CIRCLE, NOIDA. NOIDA. NOIDA. NOIDA. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.P. GARG, CA. RESPONDENT BY : SHRI S.K. JAIN, SENIOR DR. DATE OF HEARING : 11 1111 11.01.2017 .01.2017 .01.2017 .01.2017 DATE OF PRONOUNCEMENT : 24.01.2017 24.01.2017 24.01.2017 24.01.2017 ORDER ORDER ORDER ORDER PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP : :: :- -- - THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2006-0 7 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A), NOIDA DATED 24 TH FEBRUARY, 2014. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL :- 1. THE LD. ASSESSING OFFICER HAS ERRED IN MAKING AN ADDITION OF RS.3,89,367/- ON ACCOUNT OF UNEXPLAINED CASH CREDITS. THE ASSESSEE HAS DULY TAKEN DEPOSITS FROM SHRI TANMAY RASTOGI OF RS.3,89,367/- VIDE CH.NO.881404 OF VIJAYA BANK, SECTOR-19, NOIDA. 2. TRANSFER CHARGES RECEIVED BY THE SOCIETY FROM OUTGOING MEMBERS, BY HOLDING THAT THE SAME IS TO BE INCLUDED IN THE TAXABLE INCOME FOR THE RELEVANT ASSESSM ENT YEAR OF THE APPELLANT ON ACCOUNT OF RECEIPTS FROM TH IRD ITA-2938/DEL/2014 2 PARTY NOT BEING EXEMPT FROM INCOME TAX BY VIRTUE OF PRINCIPLE OF MUTUALITY. 3. THAT THE ASSESSEE RECEIVED THE NOTICE DATED 21.01.2013 AND ADJOURNMENT WAS SOUGHT FROM THE OFFICE OF CIT-APPEALS. 4. THAT THE ASSESSEE DID NOT RECEIVE ANY NOTICE DATED 27.02.2013 AND 21.05.2013, MAY BE DUE TO WRONG MENTIONING OF POSTAL ADDRESS. 5. THAT THE LD.CIT APPEALS HAS WRONGLY DISMISSED THE APPEAL. 6. THAT THE APPELLANT CRAVES LEAVE TO ADD, ALTER, MO DIFY OR DELETE ANY GROUNDS OF APPEAL AT OR BEFORE THE TIM E OF HEARING. 3. AT THE TIME OF HEARING BEFORE US, THE LEARNED COU NSEL FOR THE ASSESSEE HAS POINTED OUT THAT LEARNED CIT(A) HAS DISMISSED THE ASSESSEES APPEAL IN LIMINE WITHOUT DECIDING THE SAME ON MERITS. THAT ONLY ONE NOTICE WAS RECEIVED BY THE ASSESSEE I.E., NOTIC E DATED 21 ST JANUARY, 2013 AND FOR WHICH THE ADJOURNMENT WAS SOUGH T FOR BY THE ASSESSEE. NO OTHER NOTICE WAS SERVED UPON THE ASSESSEE. HE, THEREFORE, REQUESTED FOR SETTING ASIDE THE MATTER TO T HE FILE OF THE ASSESSING OFFICER. 4. LEARNED DR, ON THE OTHER HAND, RELIED UPON THE O RDER OF THE LEARNED CIT(A). 5. AFTER CONSIDERING THE FACTS OF THE CASE AND SUBMISSION S OF BOTH THE SIDES, WE DEEM IT PROPER TO SET ASIDE THE ORDER OF LEARNED CIT(A) AND RESTORE THE MATTER TO HIS FILE. LEARNED CIT(A) H AS ONLY MENTIONED THE DATE OF ISSUE OF NOTICE BUT IT IS NOWHERE MENTIONE D THAT THE NOTICE WAS ACTUALLY SERVED UPON THE ASSESSEE. MOREOVER, LEARNED CIT(A) HAS ALSO NOT DECIDED THE APPEAL ON MERITS. IN THE ABOVE CIRCUMSTANCES, IN OUR OPINION, IT WOULD MEET THE ENDS OF JUSTICE IF THE ORDER OF LEARNED ITA-2938/DEL/2014 3 CIT(A) IS SET ASIDE AND MATTER RESTORED TO HIS FILE. WE ORDER ACCORDINGLY AND DIRECT HIM TO ALLOW ADEQUATE OPPORT UNITY OF BEING HEARD TO THE ASSESSEE AND THEREAFTER ADJUDICATE THE GR OUNDS RAISED BEFORE HIM IN ACCORDANCE WITH LAW. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED T O BE ALLOWED FOR STATISTICAL PURPOSES. DECISION PRONOUNCED IN THE OPEN COURT ON 24.01.2017. SD/- SD/- (KULDIP SINGH (KULDIP SINGH (KULDIP SINGH (KULDIP SINGH ) )) ) ( (( ( G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL ) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : M/S APSIM INTERNATIONAL PRIVATE LI MITED, M/S APSIM INTERNATIONAL PRIVATE LIMITED, M/S APSIM INTERNATIONAL PRIVATE LIMITED, M/S APSIM INTERNATIONAL PRIVATE LIMITED, W WW W- -- -4, SECTOR 4, SECTOR 4, SECTOR 4, SECTOR- -- -11, NOIDA 11, NOIDA 11, NOIDA 11, NOIDA 201 301. 201 301. 201 301. 201 301. 2. RESPONDENT : ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE, NOIDA. CIRCLE, NOIDA. CIRCLE, NOIDA. CIRCLE, NOIDA. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR