DCIT, New Delhi V. Raghunandan Saran Ashok Saran, New Delhi

ITA 4678/DEL/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 3799 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-06-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 16-06-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 11-12-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: H K LAL
• Assessee Lawyers: S C MALHOTRA
• Keywords: Additional evidence
• Section: 54F; 54

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH `F : NEW DELHI) BEFORE SHRI A.D. JAIN, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER ITA NO.4678/DEL./2009 (ASSESSMENT YEAR : 2004-05) DCIT, CIRCLE 31(1), VS. RAGHUNANDAN SARAN ASHOK SARAN NEW DELHI. 40-42, JANPATH, NEW DELHI. (PAN/GIR NO.AAAHR9179K) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI S.C. MALHOTRA, CA REVENUE BY : SHRI H.K. LAL, SR.DR ORDER PER A.D. JAIN: JM THE DEPARTMENTS APPEAL FOR AY 2004-05 IS AGAINST THE ORDER OF THE CIT(A)-XXVI, NEW DELHI, RAISING THE FOLLOWING GROUNDS: 1. LD.CIT(A) HAS ERRED IN ALLOWING DEDUCTION U/S 5 4 OF THE I.T. ACT, 1961 AMOUNTING TO RS.43,97,400/- WITHOUT CONSIDERING THE FACT THAT THE SAME WAS CLAIMED U/S 54F AND THE PROVISIONS OF SECTION 5 4F WERE VIOLATED BY ACQUIRING PROPERTY BEFORE MORE THAN ONE YEAR FROM T HE DATE OF SALE OF PROPERTY. 2. LD.CIT(A) HAS ERRED IN NOT AFFORDING OPPORTUNITY TO AO BEFORE DECIDING THE APPEAL, WITHOUT ADOPTING THE MANDATORY CONDITIO NS AS ARE LAID DOWN UNDER RULE 46A OF THE I.T. RULES, 1962. 2. THE PRIMARY GRIEVANCE OF THE DEPARTMENT IS THAT THE CIT(A) HAS DECIDED THE ASSESSEES APPEAL BY ENTERTAINING ADDITIONAL EVIDEN CE IN VIOLATION OF RULE 46A OF THE I.T. RULES, 1962. IN THIS REGARD, AS AVAILABLE FROM THE IMPUGNED ORDER, COPIES OF BANK STATEMENT, IN WHICH, ADVANCES AGAINST SALE OF PROPE RTY WERE ALLEGEDLY CREDITED, WERE FURNISHED BY THE ASSESSEE BEFORE THE CIT(A) FOR THE FIRST TIME. THE CIT(A) TOOK THIS ADDITIONAL EVIDENCE INTO CONSIDERATION WITHOUT PROV IDING ANY OPPORTUNITY TO THE AO TO ITA NO.4678/DEL./2009 (A.Y. : 2004-05) 2 REBUT THE SAME. EVIDENTLY, THEREFORE, THE MATTER N EEDS TO BE REMITTED TO THE FILE OF THE AO FOR DECISION AFRESH ON MERITS, AFTER TAKING INTO CO NSIDERATION THESE EVIDENCES. THE ASSESSEE SHALL BE ALLOWED DUE OPPORTUNITY TO SUPPOR T ITS CASE. NO DOUBT, THE ASSESSEE SHALL COOPERATE IN THE FRESH PROCEEDINGS BEFORE THE AO. 3. IN THE RESULT, FOR STATISTICAL PURPOSES, THE DEP ARTMENTS APPEAL IS TREATED AS ALLOWED. 4. ORDER PRONOUNCED IN OPEN COURT ON THE DATE OF HE ARING ON 16.06.2010. SD/- SD/- (SHAMIM YAHYA) (A.D. JAIN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED, JUNE 16 , 2010. SKB COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-XXVI, NEW DELHI 5.CIT(ITAT), NEW DELHI. AR/ITAT