Shri Goldy Narula, New Delhi V. ITO, New Delhi

ITA 2955/DEL/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8327 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 24-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 147; 69

Judgement Text

ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 1 OF 21 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: E: NEW DELHI) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 2955/DEL/2016 ( ASSESSMENT YEAR: 2009-10) MR. GOLDY NARULA. FLAT NO. 35, POCKET-01, SECTOR- 23, ROHINI, NEW DELHI. VS. ITO, WARD 21(1), NEW DELHI. PAN NO: AAGPN0116Q APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MS. RAKHI VIMAL, SR. DR ORDER PER ANADEE NATH MISSHRA, AM [A]. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGA INST THE IMPUGNED APPELLATE ORDER DATED 29.03.2016 PASSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-32, NEW DELHI [IN SHORT, LD.CIT(A)] PERTAINING TO ASSESSM ENT YEAR 2009-10. THE ASSESSEE HAS RAISED FOLLOWING GROUNDS OF APPEAL:- 1. THAT THE LD. CIT(A) HAS ERRED IN MISUNDERSTANDI NG THE FACTS OF THE CASE. 2. THAT THE LD. CIT(A) HAS FURTHER ERRED IN CONFIR MING THE ADDITION OF RS. 20,51,000/- WHICH PERTAINED CASH DEPOSITED OUT OF T HE ADVANCE (BAYANA) U/S 69 OF ITA, 1961 AS UNEXPLAINED CASH DEPOSITS, BY IGNORING THE EXPLANATIONS, DULY SUPPORTED BY DOCUMENTS AND RECORDS SUBMITTED. ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 2 OF 21 3. ANY OTHER GROUND BEFORE OR AT THE TIME OF HEARIN G. [B]. VIDE ASSESSMENT ORDER DATED 14.03.2013 PASSED U/S 143(3)/ 147 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). IN THIS ASSESSM ENT ORDER, CASH DEPOSITS TOTALING RS. 1,01,48,000 IN THE ASSESSEES SAVING BANK ACCOUNT I N AXIX BANK LTD. IN ROHINI, WAS ADDED TO THE ASSESSEES RETURNED INCOME. THE RELEVA NT PORTION OF THE ASSESSMENT ORDER IS REPRODUCED AS UNDER:- ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 3 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 4 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 5 OF 21 [C] AGGRIEVED BY THE ASSESSMENT ORDER, THE ASSESSEE PREFERRED APPEAL BEFORE THE LD. CIT(A). VIDE AFORESAID IMPUGNED APPELLATE ORDER DATED 29.03.2016, THE LD. CIT(A) CONFIRMED ADDITION AMOUNTING TO RS. 20,51,000/- AND DELETED THE REMAINING AMOUNT OF ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 6 OF 21 RS. 79,53,000/- OUT OF THE AFORESAID ADDITION TOTAL ING RS. 1,01,48,000/-. THE RELEVANT PORTION OF THE ORDER OF THE LD. CIT(A) IS REPRODUCE D AS UNDER:- ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 7 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 8 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 9 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 10 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 11 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 12 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 13 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 14 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 15 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 16 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 17 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 18 OF 21 ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 19 OF 21 [D] THIS PRESENT APPEAL HAS BEEN FILED BY THE ASSE SSEE AGAINST THE AFORESAID IMPUGNED APPELLATE ORDER DATED 29.03.2016 OF THE LD . CIT(A). AT THE TIME OF HEARING, REVENUE WAS REPRESENTED BY MS. RAKHI VIMAL, THE LEA RNED SENIOR DEPARTMENTAL REPRESENTATIVE (LD. SR. DR, FOR SHORT). HOWEVER, NONE WAS PRESENT FROM THE ASSESSEES SIDE. IN THE ABSENCE OF ANY REPRESENTA TION FROM ASSESSEES SIDE, AT THE TIME OF HEARING BEFORE US, WE HEARD THE LD. SR. DR; WHO RELIED UPON THE ORDER DATED 14.03.2013 OF THE ASSESSING OFFICER AND THE AFORESA ID IMPUGNED ORDER DATED 29.03.2016 OF THE LD. CIT(A). AFTER PERUSAL OF THE MATERIALS ON RECORD, INCLUDING THE ORDER OF THE AO AND THE AFORESAID IMPUGNED ORDER DA TED 29.03.2016 OF THE LD. CIT(A), WE FIND THAT THE LD. CIT(A) HAS PASSED SPEAKING ORD ER ON MERITS. RELEVANT PORTION OF THE IMPUGNED ORDER OF THE LD. CIT(A) HAS ALREADY BE EN REPRODUCED IN FOREGOING ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 20 OF 21 PARAGRAPH [C] OF THIS ORDER. WE FIND THAT THE LD. C IT(A) HAS GIVEN DETAILED REASONS FOR HIS DECISION ON MERITS IN THE AFORESAID IMPUGNED AP PELLATE ORDER DATED 29.03.2016 OF LD. CIT(A). DURING APPELLATE PROCEEDINGS IN INCOME TAX APPELLATE TRIBUNAL (ITAT, FOR SHORT) NO MATERIAL HAS BEEN BROUGHT FOR OUR CONSIDE RATION TO PERSUADE US TO TAKE A VIEW DIFFERENT FROM THE VIEW TAKEN BY THE LD. CIT(A) IN THE IMPUGNED ORDER ON MERIT. AFTER HEARING THE LD. SR. DR AND AFTER PERUSAL OF MATERIA LS ON RECORD, AND FURTHER, IN VIEW OF THE FOREGOING DISCUSSION, WE DECLINE TO INTERFERE W ITH THE AFORESAID IMPUGNED APPELLATE ORDER DATED 29.03.2016 OF LD. CIT(A). [E] IN VIEW OF THE FOREGOING DISCUSSION, THE APPEA L FILED BY ASSESSEE IS DISMISSED. BEFORE WE PART; WE EXPLICITLY CLARIFY THAT THE ASSESSEE WILL BE AT LIBERTY TO APPROACH ITAT FOR RESTORATION OF THE APPEAL IN ACCO RDANCE WITH PROVISO TO RULE 24 OF INCOME TAX (APPELLATE TRIBUNAL), RULES, 1963. IF THE ASSESSEE DOES APPROACH ITAT FOR RESTORATION OF THE APPEALS I N ITAT, THE MATTER WILL BE CONSIDERED IN ACCORDANCE WITH LAW HAVING REGARD TO THE FACTS AND CIRCUMSTANCES. [F] IN THE RESULT, APPEAL FILED BY ASSESSEE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04/10/19. SD/- SD/- (AMIT SHUKLA) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUN TANT MEMBER DATED: 04/10/19 POOJA/- ITA NO.- 2955/DEL/2016 GOLDY NARULA. PAGE 21 OF 21 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT 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