ITO, New Delhi V. Sh. Ashok Kumar Sharma, Delhi

ITA 3910/DEL/2013

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 7350 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 08-10-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 19-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y KAKKAR
• Section: 144; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : A : NEW DELHI BEFORE SHRI R.S. SYAL, AM AND SHRI GEORGE GEORGE K. , JM ITA NOS.3910 & 3911/DEL/2013 ASSESSMENT YEAR : 2007-08 ITO, WARD 34(1), VIKAS BHAWAN, NEW DELHI. VS. ASHOK KUMAR SHARMA, A-11/B/2, SABOLI BAGH, NAND NAGRI, DEHI. PAN : AXJPS3800N CO NO S . 152 & 153 /DEL/201 4 (ITA NOS.3910 & 3911/DEL/2013) ASSESSMENT YEAR : 2007-08 A SHOK KUMAR SHARMA, C/O AKHILESH KUMAR, ADVOCATE, CHAMBER NO.206-207, ANSAL SATYAM, RAJ NAGAR, GHAZIABAD. PAN : AXJPS3800N VS. ITO, WARD 34(1), NEW DELHI. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY : SHRI AKHILESH KUMAR, ADVOCATE. DEPARTMENT BY : MS Y. KAKKAR, DR ORDER PER BENCH: THESE TWO APPEALS BY THE REVENUE AND EQUAL NUMBER OF COS BY THE ASSESSEE RELATE TO ASSESSMENT YEAR 2007-08. ITA NOS.3910 & 3911/DEL/2013 CO NOS.152 & 153/DEL/2014 2 2. THE SECOND APPEAL BY THE REVENUE IS AGAINST THE ORDER PASSED BY THE LD. CIT(A) ON 10.04.13 IN THE QUANTUM PROCEE DINGS AGAINST THE DELETION OF ADDITION OF `33,20,201/-. THE FACTS APR OPOS THIS ISSUE ARE THAT THE ASSESSMENT WAS COMPLETED U/S 144 OF THE AC T. IN THE ABSENCE OF ANY PARTICIPATION FROM THE SIDE OF THE A SSESSEE, THE AO DISALLOWED MADE ADDITION AMOUNTING TO `33,20,201/- ON ACCOUNT OF SUNDRY CREDITORS APPEARING IN THE BOOKS OF ACCOUNT. DURING THE COURSE OF FIRST APPELLATE PROCEEDINGS, THE ASSESSEE CONTEN DED BEFORE THE LD. CIT(A) THAT ADEQUATE OPPORTUNITY WAS NOT GRANTED BY THE AO TO THE ASSESSEE. DETAILED SUBMISSIONS WERE FILED IN SUPPO RT OF THE DELETION OF ADDITION OF `33,20,201/- MADE BY THE AO. THE LD . CIT(A) SENT SUCH DETAILS TO THE AO FOR COMMENTS. IN THE REMAND REPOR T SUBMITTED BY THE AO, HE ACCEPTED THAT THE CREDITORS WERE GENUINE . IN VIEW OF THESE FACTS, THE LD. CIT(A) DELETED THE ADDITION. 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL ON RECORD, WE DO NOT FIND ANY NEED TO INTE RFERE WITH THE IMPUGNED ORDER ON THIS SCORE FOR THE OBVIOUS REASON THAT THE ADDITION WAS DELETED BY CONSIDERING THE REMAND REPORT, WHER EIN THE AO HIMSELF ACCEPTED THE GENUINENESS OF THE CREDITORS F OR WHICH ADDITION ITA NOS.3910 & 3911/DEL/2013 CO NOS.152 & 153/DEL/2014 3 WAS MADE IN THE ORIGINAL ASSESSMENT. WE, THEREFORE , UPHOLD THE IMPUGNED ORDER. THE ASSESSEES C.O. WAS NOT PRESSE D. 4. THE OTHER APPEAL BY THE REVENUE IS AGAINST THE D ELETION OF PENALTY OF `11,63,123/- U/S 271(1)(C) OF THE ACT ON ACCOUNT OF ADDITION OF `33,20,201/-. SINCE THE VERY FOUNDATION OF THE PENALTY, BEING THE ADDITION ON ACCOUNT OF SUNDRY CREDITORS, STANDS FI NALLY DELETED BY US, THERE CAN BE NO QUESTION OF CONFIRMING ANY PENALTY ON THIS. WE, THEREFORE, UPHOLD THE IMPUGNED ORDER IN DELETING TH E SAID PENALTY. THE ASSESSEES C.O. WAS NOT PRESSED. 5. IN THE RESULT, THE APPEALS OF THE REVENUE ARE DI SMISSED AND THE C.OS OF THE ASSESSEE ARE ALSO DISMISSED AS NOT PRES SED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 09.10.201 4. SD/- SD/- [ GEORGE GEORGE K. ] [ R.S. SYAL ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 09 TH OCTOBER, 2014. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.