Ashok Vats, Gurgaon V. ITO, Gurgaon

ITA 36/DEL/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 7145 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 2
• Next Hearing Date: 05-09-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 02-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC-2 NEW DELHI BEFORE SHRI H. S. SIDHU, JUDICIAL MEMBER I.T.A. NO. 36/DEL/2015 ASSESSMENT YEAR: 2011-12 SH. ASHOK VATS, VS. ITO, WARD-II(3) H.,NO. 183, VILLAGE-SUKHRALI, HSIIDC BUILDING, SECTOR-17, VANIJYA NIKUNJ, GURGAON, HARYANA UDYOG VIHAR, GURGAON (PAN: AEAPV7092M) (ASSESSEE) (RESPONDENT) ASSESSEE BY : SH. SAMEER KAPOOR, CA REVENUE BY : NONE DATE OF HEARING ON : 05/09/2016 ORDER PRONOUNCED ON : 14/09/20 16 PER H.S. SIDHU, JM ORDER THIS APPEAL IS FILED BY ASSESSEE AGAINST THE ORDER DATED 5.11.2014 PASSED BY THE LD. CIT(A)-FARIDABAD RELATI NG TO ASSESSMENT YEAR 2011-12 ON THE FOLLOWING GROUNDS:- GROUND NO. 1 : WHETHER THE LD. CIT(A) HAS ERRED IN LAW AND FACTS OF THE CASE IN CONFIRMING THE ADDITION FO RS. 43,87,572/- MADE BY THE AO ON ACCOUNT OF CASH DEPOS ITED IN BANK BY THE ASSESSEE. GROUND NO . 2 : WHETHER THE LD. CIT(A) HAS ERRED IN LAW AND FACTS OF THE CASE IN NOT DECIDING THE GROUND OF APPEAL RELATING TO DISALLOWANCE OF DEDUCTION U/S. 80D AMOU NTING TO RS. 2,434/- MADE BY THE AO. 2 GROUND NO . 3 : THE ASSESSEE MAY PLEASE BE ALLOWED TO ADD/ DELETE/ ALTER / MODIFY ANY GROUND OF APPEAL. 2. FACTS NARRATED BY THE REVENUE AUTHORITIES ARE NO T DISPUTED BY THE LD. A.R. OF THE ASSESSEE, HENCE, THE SAME ARE N OT REPEATED HERE FOR THE SAKE OF CONVENIENCE. 3. NOTICE OF HEARING WAS SENT TO BOTH THE PARTIES AND IN RESPONSE TO THE SAME NONE APPEARED ON BEHALF OF THE DEPART MENT, NOR ANY APPLICATION FOR ADJOURNMENT HAS BEEN FILED BY THE D EPARTMENT. KEEPING IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE, I AM OF THE CONSIDERED VIEW THAT NO USEFUL PURPOSE WOULD BE SERVED TO SERVE THE NOTICE AGAIN AND AGAIN TO THE DEPARTMENT, THEREFORE, I AM DECIDING THIS APPEAL AS EXPARTE QUA DEPARTMENT, AFT ER HEARING THE LD. COUNSEL OF THE ASSESSEE AND PERUSING THE RECORDS. 4. AT THE TIME OF HEARING, LD. COUNSEL OF THE AS SESSEE HAS STATED THAT ASSESSEE IS HAVING ALL THE DOCUMENTARY EVIDENC E FOR SUBSTANTIATING HIS CLAIM, BUT THE REVENUE AUTHORITI ES HAS NOT GIVEN THE SUFFICIENT OPPORTUNITY TO THE ASSESSEE FOR SUBS TANTIATING THE CLAIM BEFORE IT. LD. AR OF THE ASSESSEE FURTHER STATED T HAT AO HAS COMPLETED THE ASSESSMENT U/S. 143(3) OF THE INCOME TAX ACT, 1 961 AND MADE THE ADDITION. SIMILARLY, THE LD. CIT(A) HAS UPHELD THE ADDITION MADE BY THE AO BY HOLDING THAT THE ASSESSEE DID NOT FURNI SH ANY EXPLANATION DURING THE ASSESSMENT PROCEEDINGS AS WELL AS APPELL ATE PROCEEDINGS WHICH IS CONTRARY TO THE FACTS AND LAW. IN FACT THE ASSESSEE HAS GIVEN THE EXPLANATION WITH THE DOCUMENTARY EVIDENCE FOR SUBSTANTIATING THE CLAIM, BUT THE SAME HAS NOT BEEN CONSIDERED BY THE REVENUE AUTHORITIES. HE REQUESTED THAT THE ISSUE IN DISPUTE MAY BE SET ASIDE TO THE FILE OF THE AO FOR FRESH CONSIDERATION AND FOR SUBSTANTIATING THE CLAIM OF THE ASSESSEE. LD. COUNSEL OF THE ASSESSEE ALSO UNDERTAKES 3 THAT ASSESSEE WILL FULLY COOPERATE IN THE ASSESSMEN T PROCEEDINGS AND WILL NOT TAKE ANY UNNECESSARY ADJOURNMENT. 5. I HAVE HEARD THE LD. COUNSEL OF THE ASSESSEE AND CONSIDERED THE SUBMISSIONS MADE BY HIM. I FIND CONSIDERABLE COGEN CY IN THE CONTENTION RAISED BY THE LD. COUNSEL OF THE ASSESSE E THAT ASSESSEE HAS GIVEN THE EXPLANATION WITH THE DOCUMENTARY EVID ENCES FOR SUBSTANTIATING THE CLAIM, BUT THE SAME HAS NOT BEEN CONSIDERED BY THE REVENUE AUTHORITIES WHICH IS NOT PERMISSIBLE UNDER THE LAW. THEREFORE, IN THE INTEREST OF JUSTICE, I SET ASIDE THE ISSUES IN DISPUTE TO THE FILE OF THE AO FOR FRESH CONSIDERATION, AS PER LAW, AFTER CONSIDERING ALL THE DOCUMENTARY EVIDENCES. HOWEVER, THE ASSESS EE IS DIRECTED TO FULLY COOPERATE WITH THE AO DURING THE PROCEEDINGS BEFORE HIM AND NOT TO TAKE ANY UNNECESSARY ADJOURNMENT IN THE CASE AND ALSO PRODUCE ALL THE NECESSARY EVIDENCES BEFORE THE AO T O SUBSTANTIATE HIS CLAIM. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 14/09/2016 . SD/- [H.S. SIDHU] JUDICIAL MEMBER DATE 14/09/2016 SRBHATNAGAR COPY FORWARDED TO: - 1. APPELLANT - 2. RESPONDENT - 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES