DCIT, New Delhi V. Tushar Kumar, New Delhi

ITA 3780/DEL/2010

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4783 (ITAT-DELHI)
• Duration Of Justice: 10 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 04-07-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 06-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Document seized; Documents seized
• Section: 133A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C, NEW DELHI BEFORE SH. AMIT SHUKLA, JUDICIAL MEMBER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 3780/DEL/2010 : ASSTT. YEAR : 2007-08 DCIT, CENTRAL CIRCLE-12, NEW DELHI VS TUSHAR KUMAR, G-5, GTM HOUSE, PUSHKAR ENCLAVE, OUTER RING ROAD, PACHIM VIHAR, NEW DELHI-110063 (APPELLANT) (RESPONDENT) PAN NO. A BMPT5448C ASSESSEE BY : SH. K. SAMPATH, ADV. REVENUE BY : MS. SUNITA SINGH, CIT DR DATE OF HEARING: 13.01.2021 DATE OF PRONOUNCEMENT : 10.02.2021 ORDER PER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE A GAINST THE ORDER OF LD. CIT(A)-1, NEW DELHI DATED 28.05.2010. 2. FOLLOWING GROUNDS HAVE BEEN RAISED BY THE REVENU E: 1. THE ORDER OF THE LD. CIT (APPEALS) IS NOT CORRE CT IN LAW AND FACTS. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING ADDITION OF RS.1,25,00,000/- ON PROTECTIVE BASIS, TOWARDS UNDISCLOSED INCOME ON SALE OF FLATS AS RECORDED IN DOCUMENTS SEIZED DURING SEARCH IN GTM GROUP AND IMPOUNDED DURING SURVEY UNDER SECTION 133A IN M/S HARYANA CITIZEN CO-OP HOUSING SOCIETY, ITA NO.3780/DEL/2010 TUSHAR KUMAR 2 SHOWING PAYMENTS TO THE ASSESSEE WHILE IGNORING THE PROVISIONS OF SECTION 132(4A) AND 292-C OF INCOME T AX ACT, 1961. LEARNED CIT(A) HAS ALSO DELETED THE ADDITION OF SUBSTANTIVE BASIS IN THE CASE OF MS GTM BUILDERS AND PROMOTERS PVT. LTD. 3. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING ADDITION OF RS. 1,80,00,000/- ON PROTECTIV E BASIS, TOWARDS UNDISCLOSED EXPENDITURE FOR ACQUIRIN G CERTAIN RIGHTS IN WINGS CGHS LIMITED, GURQAON, ON T HE BASIS OF SEIZED DOCUMENTS WHILE IGNORING THE PROVISIONS OF SECTION 132(4A) AND 292-C OF INCOME TAX ACT, 1961. LEARNED CIT(A) HAS ALSO DELETED THE ADDITION OF SUBSTANTIVE BASIS IN THE CASE OF M/S GT M BUILDERS AND PROMOTERS PVT. LTD. UNDISCLOSED INCOME ON SALE OF FLATS OF HARYANA CITI ZEN CO- OP HOUSING SOCIETY AND WINGS CGHS LIMITED: 3. THE GROUND NOS. 2 & 3 OF THE APPEAL OF THE REVEN UE DEALS WITH UNDISCLOSED INCOME ASSESSED IN THE HANDS OF TH E ASSESSEE ON PROTECTIVE BASIS. THE AMOUNTS WERE HELD TO BE RECEI VED FROM M/S HARYANA CITIZEN CO-OP HOUSING SOCIETY AND WINGS CGH S LIMITED, GURQAON. THE MATTER HAS ALREADY BEEN DEALT IN THE C ASE OF GTM BUILDERS & PROMOTERS PVT. LTD. IN ITA NO. 3783/DEL/ 2010 AY 2007- 08 WHILE DEALING WITH THE GROUND NOS. 7 & 8 INCOME FROM THE COOPERATIVE SOCIETIES VIDE PARA NO. 30 TO 38 WHEREI N IT WAS HELD THAT THE ADDITION WAS UNWARRANTED. 4. HENCE, THE APPEAL OF THE REVENUE ON THIS GROUND IS LIABLE TO BE DISMISSED. ITA NO.3780/DEL/2010 TUSHAR KUMAR 3 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10/02/2021. SD/- SD/- (AMIT SHUKLA) ( DR. B. R. R. KUMAR) JUDICIAL MEMBER ACC OUNTANT MEMBER DATED: 10/02/2021 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR