Chander Prakash Nara, New Delhi V. ITO, Ward-34(5), New Delhi

ITA 4485/DEL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3024 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 06-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI SMC BENCH, NEW DELHI BEFORE SHRI B.P. JAIN, ACCOUNTANT MEMBER ITA NO. 4485 /DEL/201 7 [A.Y. 20 12 - 13 ] SHRI CHANDER PRAKASH NARA VS. THE I.T. O 682, GALI LADDU WALI WARD 34 ( 5 ) NEHRU KUT IA, MALKA GANJ , N EW DELHI NEW DELHI PAN : AAPPC 5193 M [APPELLANT] [RESPONDENT] DATE OF HEARING : 27 . 1 1 .2017 DATE OF PRONOUNCEMENT : 29 . 1 1 .2017 ASS ESSEE BY : NONE REVENUE BY : SHRI ATIQ AHMED SR. DR ORDER THIS APPEAL OF THE ASSESSEE ARISES F ROM THE ORDER OF THE LD. CIT(A) - 1 2 , N EW DELHI VIDE ORDER DATED 30 .0 3 .201 7 FOR A.Y. 20 12 - 13 . 2. THE ASSESSEE HAS RAISED AS MANY AS 8 GROUNDS OF APPEAL COMPRISING OF SOLITARY ISSUE BEING GROUND NO. 4, WHICH READ S AS UNDER: 4 . T HE ASSESSING AUTHORITY DURING ETH COURSE OF ASSESSMENT PROCEEDINGS ASKS THE APPELLANT TO FURNISH THE DETAILS LOANS FROM SAVITRI DEVI NAR A RS. 1,28,000/ - AND AMOUNT INTRODUCED IN CAPITAL RS. 6,32,003/ - . 2 3. NONE APPEARED ON BEHALF OF THE A SSESSEE. THEREFORE, I PROCEED TO DECIDE THE APPEAL AFTER HEARING THE LD. DR AND PERUSING THE RELEVANT MATERIAL ON RECORD. 4. BRIEF FACTS OF THE CA SE ARE THAT THE ASSESSING OFFICER MADE DISALLOWANCE OF LOAN AMOUNTING TO RS. 1,28,000/ - AND DISALLOWANCE OF AMOUNT OF RS. 6,32,003/ - WAS ALSO MAD E AS REGARDS THE ADDITION IN THE CAPITAL ACCOUNT WHICH WAS CONFIRMED BY THE LD. CIT(A). 4. I HAVE HEARD THE L D. DR AND PERUSED THE RELEVANT MATERIAL ON RECORD. THE ALLEGATION OF THE ASSESSING OFFICER AND THE LD. CIT(A) WAS THAT THE ASSESSEE HAS NOT GIVEN THE DETAILS OF SOURCE, ITR OF THE CREDITOR , NO CONFIRMATION HAS BEEN RECEIVED AND THE CREDIT WORTHINESS AND GE NUINENESS OF THE TRANSACTION HAS NOT BEEN ESTABLISHED WITH REGARD TO THE LOAN OF RS. 1,28,000/ - . WITH REGARD TO THE DISALLOWANCE OF RS. 6,32,003/ - AS ADDITION IN THE CAPITAL ACCOUNT, THE ASSESSEE WAS ASKED TO FURNISH THE SOURCE OF THE ADDITION BUT NO EVID ENCE IN THIS REGARD WAS SUBMITTED. IT WAS SUBMITTED THAT THE AMOUNT HAS BEEN TRANSFERRED FROM VINOD INDUSTRIES. THE ASSESSEE HAS NOT SUBMITTED COPY OF BANK ACCOUNT TO SHOW THAT THE AMOUNT HAD BEEN RECEIVED FROM VINOD INDUSTRIES. IN THESE CIRCUMSTANCES A ND FACTS OF THE CASE, THE 3 ADDITIONS HAVE BEEN MADE FOR NON SUBMISSION OF CERTAIN ACCOUNTS , THOUGH EXPLAN ATION HAS BEEN PLACED ON RECORD AND THE ASSESSING OFFICER WAS NOT CORRECT IN MAKING THE ADDITION AND THE LD. CIT(A) WERE NOT JUSTIFIED IN CONFIRMING THE SAME. THEREFORE, IN THE INTEREST OF JUSTICE, THE MATTER IS SET ASIDE TO THE FILE OF THE ASSESSING OFFICER , WHO WILL DECIDE THE CASE DE NOVO AFTER AFFORDING ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. THUS , GROUND NO. 4 RAISED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 5 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO. 4485 /DEL/2017 IS ALLOWED FOR STATISTICAL PURPOSES . THE ORDER IS PRO NOUNCED IN THE OPEN COURT ON 29 . 1 1 .2017. SD/ - [B.P. JAIN] ACC OUNTANT MEMBER DATED: 29 TH NOVEMBER, 2017 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI