Satish Kumar, Gurgaon V. ITO, New Delhi

ITA 4154/DEL/2015

• Counselvise Citation: 415420114 RSA 2015
• Duration Of Justice: 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-11-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 2
• Next Hearing Date: 13-08-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 26-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS RAKHI VIMAL
• Assessee Lawyers: K P GANGULI
• Keywords: Onus to prove
• Section: 143(3); 68; 27

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC-II : NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NOS.4154 & 4155/DEL/2015 ASSESSMENT YEAR : 2009-10 SATISH KUMAR, SHOP-83, SECTOR-17, GURGAON. PAN: AOXPK0445A VS. ITO, WARD-1(3), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI K.P. GANGULI, ADVOCATE DEPARTMENT BY : MRS. RAKHI VIMAL, JCIT DATE OF HEARING : 13. 08.2015 DATE OF PRONOUNCEMENT : 04.11.2015 ORDER ITA NO.4154/DEL/2015 IS AN APPEAL BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE CIT(A), GURGAON, DATED 24.4.2015 F OR THE ASSESSMENT YEAR 2009-10, WHERE AN ORDER U/S 143(3) WAS PARTLY CONFIRMED ITA NOS.4154 & 4155/DEL/2015 2 2. ITA NO.4155/DEL/2015 IS FILED AGAINST THE ORDER OF THE CIT(A), GURGAON DATED 2.3.2015, WHERE PENALTY LEVIED U/S 27 1(1)(C) WAS PARTLY CONFIRMED BY THE LD.CIT(A). THERE IS A DELAY OF 48 DAYS IN FILING OF THIS APPEAL. THE ASSESSEE FILED AN APPLICATION FOR COND ONATION OF DELAY ALONG WITH AN AFFIDAVIT. AFTER PERUSING THE SAME AND THE EVIDENCES ATTACHED, I AM OF THE CONSIDERED OPINION THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FROM FILING THE APPEAL IN TIME. H ENCE, THE DELAY IS CONDONED AND THE APPEAL IS ADMITTED. 3. THE SOLE ISSUE IN ITA NO.4154/DEL/2015 IS CONFIR MATION OF AN ADDITION U/S 68 OF THE ACT OF RS.5 LAC, ON THE GROU ND THAT THE CREDIT WORTHINESS OF THE CREDITOR HAS NOT BEEN PROVED. 4. I HAVE PERUSED THE EVIDENCE FILED WHICH IS IN TH E FORM OF CONFIRMATION LETTER FROM SHRI RANBIR SINGH, BANK AC COUNT COPY OF SHRI RANBIR SINGH AND COPY OF HIS PAN CARD. THE IDENTIT Y OF SHRI RANBIR SINGH IS NOT IN DOUBT. ON A PERUSAL OF THE BANK STA TEMENT, I AM OF THE CONSIDERED OPINION THAT SHRI RANBIR SINGH HAS THE C REDIT WORTHINESS TO ADVANCE THIS AMOUNT TO THE ASSESSEE. THE ASSESSEE, IN MY OPINION, HAS ITA NOS.4154 & 4155/DEL/2015 3 DISCHARGED THE BURDEN OF PROOF THAT LAY ON HIM, BY FURNISHING NECESSARY EVIDENCES IN SUPPORT OF THE CASH PAYMENT. ON THE OT HER HAND, THE ITO HAS NOT CONDUCTED ANY INQUIRY OR INVESTIGATION, NOR HAS HE COLLECTED EVIDENCE TO DISPROVE THE CLAIM OF THE ASSESSEE. UNDER THESE CIRCUMSTANCES, I UPHOLD THE CONTENTIONS OF THE ASSESSEE AND ALLOW TH IS GROUND. THE AO IS DIRECTED TO DELETE THE ADDITION OF RS.5 LAC. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. 6. SINCE THE ADDITION OF RS.5 LAC, WHICH IS THE BAS IS OF IMPOSING PENALTY, HAS BEEN DELETED, THE PENALTY DOES NOT SUR VIVE AND THE SAME IS, THEREFORE, DELETED. 7. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE A LLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 04.11.201 5. SD/- [J.SUDHAKAR REDDY] ACCOUNTANT MEMBER DATED, 04 TH NOVEMBER, 2015. DK ITA NOS.4154 & 4155/DEL/2015 4 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.