Shri Dinesh Kumar, Faridabad V. ITO, Faridabad

ITA 451/DEL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4107 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 29-06-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 27-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T VASANTHAN
• 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. 451 /DEL/201 7 [A.Y. 20 1 1 - 1 2 ] SHRI DINESH KUMAR VS. THE I.T. O C/O M/S BHATI WADHWA & CO. WARD II(3) S/O SHRI TE J PAL, H. NO. 1848, FARIDABAD HUDA SECTOR, PALWAL, HARYANA PAN : A HXPD 3395 F [APPELLANT] [RESPONDENT] DATE OF HEARING : 1 0 . 1 0.2017 DATE OF PRONOUNCEMENT : 16 . 1 0.2017 ASSESSEE BY : SHRI JITENDER WADHWA , C A REVENUE BY : SHRI T. VASANTHAN SR. DR ORDER THIS APPEAL OF THE ASSESSEE ARISES F ROM THE ORDER OF THE LD. CIT(A) , FARIDABAD VIDE ORDER DATED 22 . 11 .201 6 FOR A.Y. 20 1 1 - 1 2 . 2. THE ASSESSEE HAS RAISED BASICALLY THE FO LLOWING GROUNDS OF APPEAL: THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LD. CIT(A) FARIDABAD ERRED IN: A) REJECTING THE CLAIM OF THE APPELLANT FOR SOURCE OF CAS H DEPOSITED IN BANK TO THE EXTENT OF RS. 7,26,853/ - OUT OF THE 2 CASH RECEIVED AGAINST SALE OF THE MATERIAL. B) THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE AS WELL AS IN LAW, THE LD. CIT(A) WAS NOT JUSTIFIED IN SUSTAINING THE A DDITION AT RS. 7,62,157/ - IN AS MUCH AS SOURCE OF PURCHASE. 3. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSING OFFICER MADE THE ADDITIONS ON ACCOUNT OF MONEY DEPOSITED IN BANK AT RS. 16,99,320/ - AND RS. 15,25,192/ - APART FROM THE UNEXPLAINED PURCHASES OF RS. 8 7,62,157/ - WHICH WAS CONFIRMED BY THE LD. CIT(A). THE LD. CIT(A), IN FACT, CONFIRMED THE DEPOSIT IN BANK TO THE EXTENT OF RS. 7,26,853/ - AND PURCHASES OF RS. 7,62,157/ - , AGAINST WHICH THE ASSESSEE IS IN APPEAL BEFORE ME. 4. I HAVE HEARD THE RIVAL SUBMISSIONS AND HAVE PERUSE D THE RELEVANT MATERIAL ON RECORD. IT IS EVIDENT FROM THE ASSESSMENT ORDER PAGE 1 THAT THE ASSESSEE IS FILING RETURN UNDER P RESUMPTIVE TAXATION S CHEME ACCORDINGLY, THE FIRST GROUND LISTED AS GROUND NO. 4 IS ALLOWED. 3 5. APROPOS THE NEXT ISSUE LISTED AS G ROUND NO. 5, THE ASSESSEE SUBMITTED THAT EXPLANATION WAS GIVEN BEFORE TH E ASSESSING OFFICER AND THE LD. CIT(A) WHICH WAS NEITHER CONSIDERED BY THE ASSESSING OFFICER NOR THE LD. CIT(A) AND TH E R E FORE, THE MATTER MAY BE RESTORED TO THE FILE OF THE ASSESSING O FFICER TO CONSIDER THE EXPLANATION AND DECIDE THE CASE DE NOVO, WHICH WAS FAIRLY CONCEDED TO BY THE LD. DR. IN SUCH FACTS AND CIRCUMSTANCES OF THE CASE, I SET ASIDE THE FILE OF THE ASSESSING OFFICER TO CONSIDER THE EXPLANATION OF THE ASSESSEE WHICH WAS PU T FORTH EARLIER OR ANY OTHER EXPLANATION WHICH SHALL BE SUBMITTED AT THE TIME OF FRESH HEARING, OF COURSE, NEEDLESS TO ADD THAT THE ASSESSEE SHALL BE PROVIDED ADEQUATE OPPORTUNITY OF BEING HEARD. THIS GROUND IS ALLOWED FOR STATISTICAL PURPOSES 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO. 5 267/DEL/201 6 IS PARTLY ALLOWED FOR STATISTICAL PURPOSES . THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 16 . 1 0.2017. SD/ - [B.P. JAIN] ACCOUNTANT MEMBER DATED: 16 TH OCTO BER , 2017 VL/ 4 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI