Mr. Arun Kumar Gupta, New Delhi V. ACIT, Meerut

ITA 4413/DEL/2014

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 1685 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-10-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 1
• Next Hearing Date: 01-10-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 12-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Assessee Lawyers: PRASHANT NARANG
• Keywords: Search and seizure
• Section: 132

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC-I : NEW DELHI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER ITA NO.4413/DEL/2014 ASSESSMENT YEAR : 2009-10 ARUN KUMAR GUPTA, A-2/83, SAFDARJUNG ENCLAVE, NEW DELHI. PAN : AADPG9781F VS. ACIT, CENTRAL CIRCLE, MEERUT. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI PRASHANT NARANG, CA RESPONDENT BY: SHRI S.L. ANURAGI, SR.DR DATE OF HEARING : 01.10.2015 DATE OF PRONOUNCEMENT: 06.10.2015 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) ON 19.05.2014 IN RELATION TO THE ASSESSM ENT YEAR 2009-10. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINS T CONFIRMATION OF ADDITION OF RS.1,57,654/-. ITA NO.4413/DEL/2014 2 3. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT A SEARCH AND SEIZURE OPERATION U/S 132 WAS CONDUCTED ON 6.2.2009 IN THE CASES OF SUPERTECH & CROSSING INFRASTRUCTURE GROUPS OF GHAZIABAD AND A T THE RESIDENCES OF DIRECTORS OF THE COMPANIES, NAMELY, M/S CROSSING IN FRASTRUCTURE (P) LTD., AND M/S SURYA MERCHANTS LTD. CASH OF RS.40.44 LAC WAS FOUND FROM SHRI ARUN GUPTA, THE ASSESSEE IN QUESTION AND GOLDY GUPTA, S/O THE ASSESSEE. AFTER MAKING CERTAIN ADJUSTMENTS, AN ADDITION OF RS.1,57,654/- WAS MADE ON ACCOUNT OF UNEXPLAINED CA SH U/S 69A IN THE HANDS OF THE ASSESSEE. SIMULTANEOUSLY, AN ADDITION OF RS.6,57,620/- WAS MADE IN THE HANDS OF SHRI GOLDY GUPTA. THE ADDITIO N SO MADE BY THE AO HAS BEEN CONFIRMED IN THE FIRST APPEAL. THE ASS ESSEE IS AGGRIEVED AGAINST THIS CONFIRMATION OF ADDITION. 4. I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE RELEVANT MATERIAL ON RECORD. IT IS OBSERVED THAT THE CASE O F SHRI GOLDY GUPTA CAME UP FOR CONSIDERATION BEFORE THE TRIBUNAL IN IT A NO.4411/DEL/2014. VIDE ITS ORDER DATED 31.8.2015, THE TRIBUNAL HAS RESTORED THE MATTER TO THE FILE OF AO FOR EXAMINING THE VERACITY OF THE STATEMENTS AND THEN DISPOSING OF THE APPEAL, AFTER ALLOWING AN ITA NO.4413/DEL/2014 3 OPPORTUNITY OF HEARING. BOTH THE SIDES ARE IN AGREE MENT THAT THE FACTS AND CIRCUMSTANCES OF THE INSTANT ADDITION MADE IN T HE HANDS OF THE ASSESSEE AMOUNTING TO RS.1,57,654/- ARE IDENTICAL W ITH THOSE OF SHRI GOLDY GUPTA. RESPECTFULLY FOLLOWING THE PRECEDENT, I SET ASIDE THE IMPUGNED ORDER AND SEND THE MATTER BACK TO THE FILE OF AO FOR DECIDING THIS ISSUE AFRESH IN CONFORMITY WITH THE DIRECTIONS GIVEN BY THE TRIBUNAL IN THE CASE OF SHRI GOLDY GUPTA. 5. IN THE RESULT, THE APPEAL FILED BY THE ASS ESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 0 6 TH OCTOBER, 2015. SD/- (R.S. SYAL) ACCOUNTA NT MEMBER DATED: 06 TH OCTOBER, 2015. DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR DY. REGISTRAR, ITAT, NEW DELHI