Smt. Kanak Tyagi, Uttar Pradesh V. ITO, Uttar Pradesh

ITA 4406/DEL/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 91289 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-07-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 2
• Next Hearing Date: 09-07-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 11-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROBIN RAWAL
• Assessee Lawyers: V K GOEL
• Keywords: Opportunity of being heard
• Section: 68

Judgement Text

1 IN THE INCOME TAX APPELATE TRIBUNAL DELHI BENCH SMC - 2 : NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER ITA NO. 4406 /DEL/201 4 A.Y. : 200 9 - 10 SMT. KANAK TYAGI, VS. ITO, WARD - 1 ( 3 ), W/O SH. SUSHYANT TYAGI AAYAKAR BHAWAN, R/O 64 - A, GOPAL BHAWAN, MEERUT CITY, UP - 250001 CHAPEL STREET, MEERUT CANTT. ( PAN : AAFTT8855R) (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. V.K. GOEL, ADV. DEPARTMENT BY : SH. ROBIN RAWAL, SR. DR DATE OF HEARING : 09 - 7 - 2015 DATE OF ORDER : 0 9 - 7 - 2015 PER H.S. SIDHU: JM O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE O RDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) , MEERUT DATED 28 .3.201 4 PERTAINING TO ASSESSMENT YEAR 200 9 - 10 . 2. T HE GROUNDS OF APPEAL READ AS UNDER: - I) THAT THE AO HAS COMMITTED A MISTAKE IN ALLOWING A SUM OF RS. 64,800/ - DEDUCTION U/S. 24(A) OF THE I.T. ACT, 1961 WHICH IS ADMISSIBLE. (II) THAT THE AO HAS COMMITTED A MISTAKE AN ADDITION OF RS. 4,60,000/ - AS UNEXP LAINED CASH CREDIT U/S. 68 OF THE I.T. ACT, 1961. 2 (III) THAT THE AO HAS COMMITTED A MISTAKE IN ALLOWING UNSECURED LONA OF RS. 70,000/ - . (IV) THAT WITHOUT PREJUDICE TO THE ADDITION OF RS. 64800 + 460000+70000 THUS IN ALL A SUM OF RS. 7,52,690/ - AS MADE BY THE AO TOWARDS THE ASSESSABLE INCOME OF THE APPELLANT AND CONFIRMED AS AN EXPARTE ORDER BY THE CIT(A) IS ARBITRARY, UNJUST AND ILLEGAL. (V) THAT WITHOUT PREJUDICE THE ADDITION OF RS. 5,94,000/ - AS MADE TOWARDS THE ASSESSABLE INCOME OF THE APPELLANT IS H IGHLY EXCESSIVE. (VI) THAT THE APPELLANT RESERVES ITS RIGHTS TO ADD, AMEND, AND MODIFY THE GROUNDS OF APPEAL. 3. THE FACTS NARRATED BY THE REVENUE AUTHORITIES ARE NOT DISPUTED BY BOTH THE PARTIES, THEREFORE, THE SAME ARE NOT REPEATED HERE FOR THE SAKE OF CONVENIENCE. 4. I HAVE HEARD BOTH THE PARTIES AND PERUSED THE ORDERS PASSED BY THE REVENUE AUTHORITIES ALONGWITH RELEVANT RECORDS AVAILABLE WITH ME, ESPECIALLY THE IMPUGNED ORDER. I AM OF THE VIEW THAT THE AO HAS PASSED THE IMPUGNED ORDER WITHOUT A FFORDING SUFFICIENT OPPORTUNITY TO THE ASSESSEE AND WITHOUT CONSIDERING THE EVIDENCES FILED BY THE ASSESSEE BEFORE HIM. LD. COUNSEL OF THE ASSESSEE HAS ALSO FILED THE PAPER BOOK CONTAINING PAGES 1 TO 17 HAVING THE WRITTEN SUBMISSION, PHOTOCOPY OF RECOVE RY LETTER FROM AXIS BANK AND NOTICE U/S 226(3); PHOTOCOPY OF WRITTEN SUBMISSION BEFORE AO; PHOTOCOPY OF RETURN RECEIPT AND COMPUTATION OF INCOME OF SH. DUSHYANT TYAGI FOR THE AY 2009 - 10; PHOTOCOPY OF WRITTEN SUBMISSION BEFORE AO; PHOTOCPY OF 3 CONFIRMATION OF SH. GAUTAM TYAGI ALONGWITH ID AND BANK STATEMENT AND COPY OF BANK STATEMENT OF SH. DUSHYANT TYAGI. 4.1 KEEPING IN VIEW OF THE AFORESAID EVIDENCES PRODUCED BY THE ASSESSEE, I AM OF THE VIEW THAT INTEREST OF JUSTICE WOULD BE SERVED, IF THE ISSUES IN DISPUTE REMITTED BACK TO THE FILE OF THE AO TO DECIDE THE SAME AFRESH, UNDER THE LAW. ACCORDINGLY, I SET ASIDE THE ISSUES TO THE FILE OF THE AO WITH THE DIRECTIONS TO DECIDE THE SAME AFRESH UNDER THE LAW , AFTER CONSIDERING THE EVIDENCES FILED BEFORE ME. N EEDLESS TO ADD THAT THE ASSESSEE SHOULD BE GIVEN ADEQUATE OPPORTUNITY OF BEING HEARD. 5 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 09 /7/201 5 . SD/ - [ H.S. SIDHU ] JUDICIAL MEMBER DATE: 09 /7/201 5 SRBHATNAGAR COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4.CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES 4