Vijay Kumar Gupta, Meerut V. ITO, Ward-2(4), Meerut

ITA 4658/DEL/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8920 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 18-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANOJ KUMAR CHOPRA
• Assessee Lawyers: V RAJA KUMAR S
• Keywords: TDS; Set aside
• Section: 133(6); 28

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC NEW DELHI BEFORE SHRI H. S. SIDHU, JUDICIAL MEMBER I.T.A. NO.4658/DEL/2017 ASSESSMENT YEAR: 2013-14 VIJAY KUMAR GUPTA, VS. INCOME TAX OFFICER, C-61, DEVLOK COLONY WARD-2(4), MEERUT DELHI ROAD, MEERUT (PAN:AJPPG2495M) (ASSESSEE) (RESPONDENT) ASSESSEE BY : SH. K. SAMPATH & SH. V. RAJA KUMAR, ADVOCATES REVENUE BY : SH. MANOJ KUMAR CHOPRA, SR. DR. ORDER THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER DATED 22.05.2017 PASSED BY THE LD. CIT(A)-MEERUT, RELATIN G TO ASSESSMENT YEAR 2013-14 ON THE FOLLOWING GROUNDS:- 1. THE LEARNED CIT(APPEAL) WAS NOT JUSTIFIED BY DIS MISSING THE APPEAL. 2. THAT THE LEARNED COMMISSIONER OF INCOME TAX (APP EAL) HAS ERRED IN SUMMARILY REJECTING THE PLEA OF THE APPELLANT WI TH RESPECT TO FOLLOWING. A. THAT THE LEARNED ASSESSING OFFICER HAS MADE ADDITIONS/DISALLOWANCES WITHOUT ANY BASIS AND HAS E RRED IN MAKING ADDITION/DISALLOWANCES. B. THAT THE LEARNED ASSESSING OFFICER HAS MADE ADDI TIONS TO THE INCOME OF THE PLEA THAT NOTICES U/S 133(6) TO SUNDR Y DEBTORS/CREDITORS GOT RETURNED UNSERVED BEING BOGUS SALES/PURCHASES. C. THAT THE SEVERAL OBSERVATIONS AS MADE AND INFERE NCES DRAWN ARE UNTENABLE INCORRECT, UNWARRANTED. 3. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE AND IN LAW THE LD. CIT (A) ERRED IN CONFIRMING THE FOLLOWING A DDITIONS MADE BY THE ASSESSING OFFICER. 2 A. RS.4,38,000/- ON ACCOUNT OF INTEREST PAID ON BOR ROWED FUNDS TREATING THE SAME AS NOT UTILIZED FOR THE PURPOSE O F BUSINESS. B. RS. 15,20,750/- BEING THE AMOUNT OF SUNDRY DEBTO RS TREATING THE SAME AS ARISING OUT OF BOGUS SALES. C. RS.9,40,000/- ON ACCOUNT OF PURCHASES MADE AS BO GUS. D. RS. 1,63,495/- ON ACCOUNT OF INTEREST PAID. 2. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE DRAW MY ATTENTION TOWARDS THE ORDER PASSED BY THE REVENUE A UTHORITIES ALONGWITH THE WRITTEN SUBMISSIONS FILED BY THE ASSESSEE BEFOR E THE LEARNED FIRST APPELLATE AUTHORITY ALONGWITH THE COPIES OF AGREEME NTS AND AMENDMENT REQUEST TO VAT, DETAILS OF SUNDRY CREDITORS, COPY O F SALES TAX ASSESSMENT ORDER UNDER SECTION 28 OF U.P. VAT ACT, COPY OF LET TER FILED BEFORE THE AO ALONGWITH THE TDS DETAILS BANK ACCOUNT AND LEDGER A CCOUNT WHICH HE HAS FILED IN THE SHAPE OF PAPER BOOK CONTAINING PAGE 1 TO 23. HE HAS ALSO CERTIFIED THAT THE ASSESSEE HAS FILED ALL THESE DOC UMENTARY EVIDENCES BEFORE THE REVENUE AUTHORITIES. HE REQUESTED THAT T HE ISSUES IN DISPUTE MAY BE SET ASIDE DE NOVO TO THE ASSESSING OFFICER TO DECIDE THE SAME AFRESH, AS PER LAW, AFTER GIVING OPPORTUNITY TO THE ASSESSEE AS WELL AS TO PRODUCE ALL NECESSARY DOCUMENTS FOR SUBSTANTIATING THE CLAIM OF THE ASSESSEE. HE ALSO UNDERTAKES THAT ASSESSEE WILL NOT TAKE ANY UNNECESSARY ADJOURNMENT AND WILL COOPERATE BEFORE THE ASSESSING OFFICER FOR SPEEDY COMPLETION OF ASSESSMENT. 3. LEARNED DR HAS NOT RAISED ANY SERIOUS OBJECTION ON THE REQUEST OF LEARNED COUNSEL FOR THE ASSESSEE. 4. I HAVE HEARD BOTH THE PARTIES AND PERUSED THE OR DERS PASSED BY THE REVENUE AUTHORITIES ALONGWITH THE DOCUMENTARY EVIDE NCES FILED BY THE 3 ASSESSEE IN THE SHAPE OF PAPER BOOK CONTAINING PAGE NO. 1 TO 23 WHICH HAS BEEN CERTIFIED BY THE LEARNED COUNSEL FOR THE A SSESSEE THAT HE HAS FILED ALL THESE DOCUMENTARY EVIDENCES BEFORE THE AS SESSING OFFICER AND BEFORE THE LEARNED FIRST APPELLATE AUTHORITY. AS RE QUESTED BY THE LEARNED COUNSEL FOR THE ASSESSEE THAT ASSESSEE CAN SUBSTANT IATE HIS CLAIM BEFORE THE ASSESSING OFFICER, IF THIS BENCH SET ASIDE THE ISSUES INVOLVED IN THIS APPEAL BEFORE THE ASSESSING OFFICER. I AM AGREE WIT H THE REQUEST MADE BY THE LEARNED COUNSEL FOR THE ASSESSEE AND I AM OF TH E CONSIDERED VIEW THAT IN THE INTEREST OF JUSTICE THE ISSUES INVOLVED IN T HE PRESENT APPEAL REQUIRES THOROUGH INVESTIGATION AT THE LEVEL OF ASSESSING OF FICER. THEREFORE, IN THE INTEREST OF JUSTICE, I AM SETTING ASIDE THE ISSUES INVOLVED IN THE PRESENT APPEAL DE NOVO TO THE ASSESSING OFFICER TO DECIDE THE SAME AFRESH , AS PER LAW, AFTER GIVING OPPORTUNITY OF HEARING TO THE ASS ESSEE. ASSESSEE IS AT LIBERTY TO PROVIDE THE EVIDENCES BEFORE THE AO TO S UBSTANTIATE HIS CASE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 13/01/2020. SD/- [H.S. SIDHU] JUDICIAL MEMBER DATE: 13/01/2020 SH 4 COPY FORWARDED TO: - 1. APPELLANT - 2. RESPONDENT - 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES