M/s. D.K.P. Trading Co., Jind V. ITO, Jind

ITA 4323/DEL/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8127 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 04-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB
• Section: 143(3); 69

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B , NEW DELHI BEFORE SHRI R.K. PANDA , ACCOUNTANT M EMBER AND SH RI KULDIP SINGH , JUDICIAL MEMBER ITA NO .4323 /DE L/ 2016 ASSESSMENT YEAR : 2012 - 13 M/S. D.K.P. TRADING CO., SHOP NO. 55, NEW ANAJ MANDI, UCHANA JIND VS. INCOME TAX OFFICER, WARD - 1, JIND PAN : AAHFD6091P (APPELLANT) (RESPONDENT) APPELLANT BY NONE RESPONDENT BY MS. ASHIMA NEB, SR.DR ORDER PER R.K. PANDA , A .M. : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 03.05.2016 OF THE LEARNED CIT(A), FARIDABAD, RELATING TO THE ASSESSMENT YEAR 2012 - 13. 2. DESPITE SERVICE OF NOTICE, NONE APPEARED ON BEHALF OF THE ASSESSEE, THEREFORE, THIS APPEAL IS BEING DISPOSED OF ON THE BASIS OF MATERIAL AVAILABLE ON RECORD AND AFTER HEARING THE LEARNED DR. 3. FACTS OF THE CASE , IN BRIEF , ARE THAT THE ASSESSEE IS A PARTNE RSHIP FIRM AND IS ENGAGED IN THE BUSINESS AS COMMISSION AGENT IN FOOD GRAINS. IT FILED ITS RETURN OF INCOME ON 26.12.2012, DECLARING TOTAL INCOME OF RS.11,580/ - . THE AO COMPLETED THE DATE OF HEARING 15.04.2019 DATE OF PRONOUNCEMENT 15.04.2019 2 ITA NO. 4323/DEL/2016 ASSESSMENT UNDER SECTION 143(3) OF THE INCOME - TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT ) ON 04.07.2014 , DETERMINING THE TOTAL INCOME OF RS.15,96,580/ - , WHEREIN HE MADE ADDITION OF RS.15,00,000/ - UNDER SECTION 69 A OF THE ACT ON THE GROUND THAT SH. RAKESH KUMAR, ONE OF THE PARTNERS, HAD GIVEN RS.15 LACS ON INTEREST @1% P.M. ON 19.10.2011 TO ONE SH. SANDEEP KUMAR, S/O - SH. SATYAWAN. THE ENTRY IN RESPECT OF THE SAID TRANSACTION IS DULY RECORDED AT PAGE 3 OF THE PURPORTED CASH BOOK PERTAINING TO M/S. DKP TRADING COMPANY. SH. RAKESH KUMAR, PARTNER, HAS PUT HIS SIGNATURE ON T HE SAID PURPORTED CASH BOOK AS FOR M/S. D.K.P. TRADING CO. WHICH SHOWS THE AUTHENTICATION OF THE TRANSACTION. SINCE THE ASSESSEE COULD NOT EXPLAIN TO THE SATISFACTION OF THE AO REGARDING THE ABOVE ENTRY, THE AO INVOKING THE PROVISION OF SECTION 69 A OF THE ACT MADE THE ADDITION OF RS.1 5 ,00,000/ - . SIMILARLY, THE AO MADE ADDITION OF RS.85,000/ - BEING INTEREST ACCRUED ON THE SAID LOAN FOR THE PERIOD FROM 19.10.2011 TO 31.03.2012. HE, ACCORDINGLY, DETERMINE D THE TOTAL INCOME OF THE ASSESSEE AT RS.15,96,5 80/ - . 3.1 SINCE THE ASSESSEE DID NOT APPEAR BEFORE THE LEARNED CIT(A) DESPITE NUMBER OF OPPORTUNITIES GRANTED , T HE LEARNED CIT(A) IN THE EX - PARTE ORDER PASSED BY HIM, AFFIRMED THE ADDITION MADE BY THE AO AND THEREBY DISMISSED THE APPEAL FILED BY THE ASSESSEE. AGGRIEVED WITH SUCH ORDER OF THE LEARNED CIT(A), THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 5 . WE HAVE HEARD THE LEARNED DR AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. IT IS AN ADMITTED FACT THAT DESPITE REPEATED OPPORTUNITIES GRANTED BY THE CIT(A), THE ASSESSEE DID NOT APPEAR BEFORE HIM, FOR WHICH, HE HAS PASSED THE EX - PARTE ORDER SUSTAINING THE TWO ADDITIONS MADE BY THE AO. CONSIDERING THE 3 ITA NO. 4323/DEL/2016 TOTALITY OF THE FACTS OF THE CASE AND IN THE INTEREST OF JUST ICE , WE DEEM IT PROPER TO RESTORE THE ISSUE TO THE FILE OF THE LEARNED CIT(A) WITH A DIRECTION TO GRANT ONE FINAL OPPORTUNITY T O THE ASSESSEE TO SUBSTANTIATE ITS CASE AND DECIDE THE CASE AS PER FACT AND LAW . THE ASSESSEE IS ALSO HEREBY DIRECTED TO APPEAR BEFORE THE LEARN ED CIT(A) AND EXPLAIN ITS CASE, FAILING WHICH, THE LEARNED CIT(A) IS AT LIBERTY TO PASS APPROPRIATE ORDER AS PER LAW. WE HOLD AND DIRECT ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUN CED IN THE OPEN COURT ON 15 TH APRIL , 201 9 . S D / - S D / - [ KULDIP SINGH ] [ R.K. PANDA ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 15 TH APRIL , 2019 . RK / - COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI