Mansarover Investment Ltd, New Delhi V. DCIT, Circle-16(1), New Delhi

ITA 3705/DEL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7354 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 17-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Keywords: Opportunity of being heard
• Section: 92

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER ITA NO. 3705/DEL/2018 ASSESSMENT YEAR: 2013-14 MANSAROVER INVESTMENT LTD. VS. DCIT, CIRCLE 16(1), 28, NAJAF GARH ROAD, NEW DELHI NEW DELHI 110 015 (PAN: AAACM0211C) (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. V. RAJA KUMAR, AD V. DEPARTMENT BY : SH. S.L. ANURAGI, SR. DR. ORDER THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER DATED 30.1.2018 OF THE LD. CIT(A)-33, NEW DELHI RELAT ING TO ASSESSMENT YEAR 2013-14. 2. FACTS NARRATED BY THE REVENUE AUTHORITIES ARE NOT D ISPUTED BY BOTH THE PARTIES, HENCE, THE SAME ARE NOT REPEATED HERE FOR THE SAKE OF BREVITY. 3. DURING THE HEARING, LD. A.R. OF THE ASSESSEE, HAS STATED THAT LD. CIT(A) PASSED THE NON-SPEAKING ORDER DATED 30.1. 2018 WITHOUT 2 PROVIDING SUFFICIENT OPPORTUNITY TO THE ASSESSEE FOR S UBSTANTIATING HIS CLAIM BEFORE HIM AND DID NOT CONSIDER THE DOCUME NTS/EVIDENCES FILED BEFORE THE AO AS WELL AS BEFORE LD. CIT(A), W HILE DECIDING THE APPEAL OF THE ASSESSEE. HE HAS REQUESTED THAT ASSESS EE HAS ALL THE NECESSARY EVIDENCES AND CAN AGAIN PRODUCE BEFORE TH E LD. CIT(A), IF THIS BENCH GIVE AN OPPORTUNITY TO THE ASSESSEE FOR P RODUCING ALL THE NECESSARY DOCUMENTS BEFORE THE LD. CIT(A) FOR SUB STANTIATING ITS CLAIM. IN THIS BEHALF HE FILED THE PAPER BOOK CONTAINI NG PAGES 1 TO 92. 4. ON THE CONTRARY, LD. DR RELIED UPON THE ORDERS OF THE AUTHORITIES BELOW AND OPPOSED THE REQUEST OF THE ASSE SSEES COUNSEL. 5. I HAVE HEARD BOTH THE PARTIES AND PERUSED THE RECO RDS. I HAVE ALSO GONE THROUGH THE ORDERS PASSED BY THE REVEN UE AUTHORITIES. I FIND FORCE IN THE ARGUMENTS OF THE LD. C OUNSEL OF THE ASSESSEE LD. CIT(A) HAS PASSED THE NON-SPEAKING IM PUGNED ORDER DATED 30.01.2018, WITHOUT CONSIDERING THE DOCUMENTS / EVIDENCES FILED BEFORE THE LD. CITAA) AND ALSO DID NOT COMMENT UPON THE SAME, WHICH IS NOT TENABLE. I FURTHER FIND THAT BEFORE THE TRIBUNAL THE ASSESSEE HAS FILED A PAPER BOOK CONTAINING PAGE S 1 TO 92 IN WHICH HE HAS ATTACHED THE COPY OF COMPUTATION OF INCO ME; 3 CALCULATION OF INTEREST EXPENSES CLAIMED AT RS. 56,81 ,614/- IN THE COMPUTATION OF INCOME; COPY OF ANNUAL ACCOUNTS FOR FY 2012-13 (AY 2013-14); DETAILS OF INTEREST EXPENSES PAID; DETAILS OF INTEREST INCOME EARNED ON ADVANCES GIVEN; DETAILS OF INTEREST INCOME EARNED ON FDR; DETAILS OF LOANS GIVEN BY THE ASSESSEE COMP ANY ALONGWITH COPIES OF ACCOUNTS OF ALL THE PARTIES SHOWING THE SO URCES OF ADVANCES GIVEN; DETAILS OF LOANS TAKEN BY THE ASSES SEE COMPANY; COPY OF LETTER DATED 9.10.2015 FILED WITH AO DURING T HE ASSESSMENT PROCEEDINGS ALONGWITH JUSTIFICATION OF INTEREST FREE ADVANCES GIVEN BY THE ASSESSEE COMPANY; CALCULATION OF DISALLOWANC E AS PER RULE 8D; COPY OF THE ITAT ORDER IN ASSESSEES OWN CASE F OR AY 2010-11 AND COPY OF WRITTEN SUBMISSIONS BEFORE THE LD. CIT(A ), WHICH HAS NOT BEEN CONSIDERED BY THE LD. CIT(A) AND ALSO HE DI D NOT COMMENT UPON THE SAME IN HIS IMPUGNED ORDER. THEREFORE, IN M Y CONSIDERED VIEW, THE LD. CIT(A) HAS PASSED THE NON-SPEAKING I MPUGNED ORDER WHICH IS NOT SUSTAINABLE IN THE EYES OF LAW. HENCE, IN THE INTEREST OF JUSTICE, THE ISSUES IN DISPUTE ARE SET ASIDE TO THE FIL E OF LD. CIT(A) TO DECIDE THE SAME AFRESH, UNDER THE LAW, AFTER GIVING A DEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. THE ASSES SEE IS ALSO DIRECTED TO FILE ALL THE NECESSARY DOCUMENTS TO SUBS TANTIATE ITS CASE AND FULLY COOPERATE WITH THE LD. CIT(A) IN THE PROCEE DINGS AND DID NOT TAKE ANY UNNECESSARY ADJOURNMENT. 4 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STA NDS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED ON 15/01/2019. SD/- [H.S. SIDHU] JUDICIAL MEMBER DATED:15/01/2019 *SR BHATNAGAR* COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR 5