Rajesh Bhatia, Delhi V. ACIT, New Delhi

ITA 4494/DEL/2013

• Counselvise Citation: 449420114 RSA 2013
• Duration Of Justice: 1 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 07-01-2015
• Assessment Year: 2003-2004
• Appeal Filed On: 29-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK WADEKAR
• Assessee Lawyers: K R MANJANI
• Keywords: Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRI H.S. SIDHU : JUDICIAL MEMBER ITA NO. 4494/DEL/2013 A.Y. 2003-04 RAJESH BHATIA, VS. ACIT, CENTRAL CIRCLE-17, F-50, KOHLAPUR ROAD, NEW DELHI. KAMLA NAGAR, DELHI-110007. PAN: AAHPB 6307 N ( APPELLANT ) ( RESPONDENT ) APPELLANT BY : SHRI K.R. MANJANI ADV. RESPONDENT BY : SHRI VIVEK WADEKAR CIT DR DATE OF HEARING : 07-01-2015 DATE OF ORDER : 23-01-2015. O R D E R PER S.V. MEHROTRA, A.M:- THIS APPEAL, PREFERRED BY THE ASSESSEE, IS DIREC TED AGAINST THE ORDER DATED 14-06-2013, PASSED BY THE CIT(APPEALS)-IV, N EW DELHI IN APPEAL NO. 138/12-13, RELATING TO A.Y. 2003-04. FOLLOWING G ROUND IS RAISED: THE LEARNED CIT(A) HAS ERRED ON FACTS AS WELL AS I N LAW IN SUSTAINING THE ADDITION OF RS. 750000/- EVEN THOUGH THESE TWO LOANS ARE FROM PARTIES WHO ARE REGULAR ASSESSES AND CONFIRMATIONS WERE FULLY FILED BEFORE AO AS WELL AS BEFORE CIT(A). THUS, THE APPELLANT AHS DISCHARGED THE PRIM ARY ONUS AND AO HAS NOTHING AGAINST IT. THE DIFFERENCE IN PA N IS BECAUSE IN TOP OF THE CERTIFICATE PAN OF APPELLANT IS GIVEN AND NEAR THE SIGNATURE PAN OF PARTY IS GIVEN. THE CIT(A ) NEVER ASKED ABOUT THIS DIFFERENCE. 2 2. THE ASSESSEE HAS FILED APPLICATION UNDER RULE 29 FOR ADMISSION OF ADDITIONAL EVIDENCE, FILED BEFORE THE BENCH ON 21-01-2014, IN THE FORM OF PAPER BOOK, AS REPRODUCED HEREUNDER: 1. AFFIDAVIT OF APPELLANT 2. CONFIRMATION OF SMT. PREMLATA WITH HER ACCOUNT WITH R.L. TRADERS; 3. CHEQUE OF SMT. PREMLATA 4. SLIP SHOWING DEPOSIT OF CHEQUE 5. CONFIRMATION OF SHYAM GOPAL AND SONS 6. BANK ACCOUNT SHOWING RECEIPT OF TWO LOANS 7. BANK ACCOUNT SHOWING RETURN OF CHEQUE OF SMT. PREM LATA. 3. IN THE APPLICATION IT IS, INTER ALIA, STATED THA T THE EVIDENCES FILED BY THE ASSESSEE WERE NOT PLACED ON RECORD AND IN THE REMAN D REPORT CALLED FOR BY LD. CIT(A) IT WAS, INTER ALIA, STATED THAT ASSESSEE DI D NOT FILE ANY PARTICULARS/ SOURCE OF INCOME OF PARTIES, THEIR CREDITWORTHINESS ETC. AND ACCORDINGLY LD. CIT(A) OBSERVED THAT NO CONFIRMATION LETTERS FROM THE CREDITORS WER E FILED BEFORE THE AO AND THE ASSESSEE FAILED TO PROVE THE IDENTITY OF THE CREDIT OR, CREDITWORTHINESS OF THE CREDITOR AND THE GENUINENESS OF THE TRANSACTION. 4. AFTER HEARING BOTH THE PARTIES, AS THE EVIDENCES FILED BY ASSESSEE BEFORE AO WERE NOT CONSIDERED, WE ADMIT THE ADDITIONAL EVIDEN CE FILED BY THE ASSESSEE AND 3 RESTORE THE MATTER BACK TO THE FILE OF AO FOR DECID ING THE ISSUE DE NOVO AFTER AFFORDING REASONABLE OPPORTUNITY TO THE ASSESSEE OF BEING HEARD. 5. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN OPEN COURT ON 23-01-2015. SD/- SD/- ( H.S. SIDHU ) ( S.V. MEHROTRA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 23-01-2015. MP COPY TO : 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR