DCIT, New Delhi V. M/s. Pooja International Pvt. Ltd., New Delhi

ITA 474/DEL/2013

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 69181 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 25-07-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 24-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANOJ KUMAR MAHAR
• Section: 154

Judgement Text

ITA NO. 474/DEL/2013 ASSTT.YEAR: 2005-06 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH `F NEW DELHI BEFORE SHRI B.C.MEENA, ACCOUNTANT MEMBER AND SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER I.T.A.NO.474/DEL/2013 ASSESSMENT YEAR : 2005-06 DY. COMMISSIONER OF INCOME TAX, VS M/S POOJA I NTERNATIONAL PVT.LTD., CENTRAL CIRCLE-18, ROOM NO.327, 7, SOUT H PATEL NAGAR, 3 RD FLOOR, ARA CENTRE, E-2, NEW D ELHI-110008 JHANDEWALAN EXTN., NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI MANOJ KUMAR MAHAR, SR.DR RESPONDENT BY : S/SH. SALIL AGGARWAL/SHAIL AESH GUPTA O R D E R PER CHANDRAMOHAN GARG, JUDICIAL MEMBER THIS APPEAL HAS BEEN PREFERRED BY THE REVENUE AGAI NST THE ORDER OF COMMISSIONER OF INCOME TAX(A)-III, NEW DELHI DATED 1.11.2012 IN APPEAL NO. 619/11-12/C.I.T.(A)-III FOR AY 2005-06. 2. GROUND NO. 2 AND 3 OF THE REVENUE ARE GENERAL IN NATURE WHICH NEED NO ADJUDICATION. REMAINING SOLE GROUND OF THE REVENUE READS AS UNDER:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN DELETING THE ADDI TION OF RS.1,62,00,000/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF NON-DISCLOSURE OF THIS AMOUNT IN THE BAL ANCE OF LOANS AND ADVANCES. ITA NO. 474/DEL/2013 ASSTT.YEAR: 2005-06 2 3. AT THE OUTSET OF ARGUMENT, LD. COUNSEL FOR THE A SSESSEE SUBMITTED A COPY OF THE JUDGMENT OF HONBLE JURISDICTIONAL HIGH COURT OF DELHI IN ASSESSEES OWN CASE FOR AY 2005-06 PASSED IN ITA NO .84/2013 WHEREIN IT HAS BEEN HELD AS UNDER:- 4. THE TRIBUNAL HAS ALSO RIGHTLY OBSERVED THAT IN CASES OF DEBATABLE OR CONTESTABLE ISSUES, RESORT TO SECTION 154 IS NOT POSTULATED AND ACCEPTABLE. RESORT TO SE CTION 154 OF THE ACT, TO MAKE ADDITION OF RS.1,62,00,000/ - WAS IMPROPER AND CONTRARY TO LAW. 5. THE PRESENT APPEAL HAS NO MERIT AND IS DISMISSED WITH COSTS OF RS.10,000/-. WE ALSO RECOR D THAT THE REVENUE HAS NOT FILED ON RECORD, COPY OF 45 PAG ES BUT THEY WERE PRODUCED BEFORE US BY THE COUNSEL FOR THE ASSESSEE AND THESE PAPERS WERE SHOWN TO THE COUNSEL FOR THE REVENUE. 4. IN VIEW OF ABOVE, WE OBSERVE THAT THE HONBLE HI GH COURT HAS CLEARLY HELD THAT THE ADDITION OF RS.1,62,00,000 WAS IMPROP ER AND CONTRARY TO LAW AND RESORT TO SECTION 154 OF THE ACT FOR MAKING SUC H ADDITION IS NOT POSTULATED AND ACCEPTABLE. IN VIEW OF ABOVE OBSERV ATION OF HONBLE HIGH COURT IN ASSESSEES OWN CASE FOR THE SAME ASSESSMEN T YEAR, SOLE GROUND OF THE REVENUE DOES NOT SURVIVE AND THE SAME DESERVES TO BE DISMISSED AND WE DISMISS THE SAME. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ITA NO. 474/DEL/2013 ASSTT.YEAR: 2005-06 3 DECISION PRONOUNCED IN THE OPEN COURT ON 08.08.13. SD/- SD/- ( B.C. MEENA ) (CHANDRA MOHAN GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DT. 8 TH AUGUST 2013 GS COPY FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR BY ORDER DEPUTY REGISTRAR