Anil Railya, New Delhi V. ITO, New Delhi

ITA 4857/DEL/2010

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 0735 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-01-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 10-01-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 08-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS ANUSHA KHURANA
• Keywords: Opportunity of being heard; Set aside

Judgement Text

ITA NO. 4857/DEL/2010 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T.A. NO. 4857/DEL/2010 A.Y. : 2006-07 SH. ANIL RAILYA, 88, KOHAT ENCLAVE, PITAMPURA, DELHI 110 034 (PAN/GIR NO. : AALPR0660C) VS. INCOME TAX OFFICER, WARD 25(1), NEW DELHI (APPELLANT ) (APPELLANT ) (APPELLANT ) (APPELLANT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) ASSEESSEE BY : NONE DEPARTMENT BY : MRS. ANUSHA KHURANA, SR. D.R. ORDER ORDER ORDER ORDER PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) DATED 23/12/ 2008 PERTAINING TO ASSESSMENT YEAR 2006-07. 2. THE ISSUE RAISED IS THAT LD. COMMISSIONER OF INCO ME TAX (APPEALS) ERRED IN CONFIRMING THE INCOME OF ` 140031 1/- IN RESPECT OF INCOME EARNED BY THE ASSESSEE DURING THE IMPUGNED AS SESSMENT YEAR. 3. IN THIS CASE INFORMATION AS PER THE AIR WAS RECEI VED THAT THE ASSESSEE DURING THE YEAR HAD DEPOSITED CASH IN HDFC BANK AMOUNTING TO ` 1201500/- WHICH REQUIRED VERIFICATION . UPON ASSESSING OFFICERS ENQUIRY ASSESSEE SUBMITTED THAT ASSESSEE W AS DOING BUSINESS OF FOOT WEAR WHICH LATELY HE WAS INTEREST ED IN CLOSING DOWN AND THAT IS WHY HE STARTED COLLECTING ALL THE DUE S FROM THE MARKET AND ITA NO. 4857/DEL/2010 2 HENCE CASH WAS DEPOSITED IN THE BANK. ASSESSING OFFICER NOTED THAT AS PER THE COMPUTATION SHEET ATTACHED WITH THE RETU RN FOR THE PRESENT ASSESSMENT YEAR, ASSESSEE HAS DECLARED NET INCOME FROM TRADING OF RUBBER CHAPPAL AMOUNTING TO ` 16800/- ONLY AND NO CO PY OF TRADING, P&L ACCOUNT OR BALANCE SHEET HAS BEEN ENCLOSED. THE ASSESSEE HAS NOT CLAIMED ITS PROFIT U/S 44AF OF THE IT ACT NO R HAS DECLARED ITS ESTIMATED TURNOVER DURING THE YEAR. ASSESSEE WAS ASKED TO FURNISH THE DETAILS OF CLAIM, COMPLETE DETAILS OF TRANSACTIO NS AND COPIES OF CONFIRMATIONS IN THIS REGARD. BUT NO RESPONSE WAS RECEIVED. ASSESSING OFFICER PROCEEDED TO HOLD THAT THESE DEP OSITS IN BANK AS UNEXPLAINED DEPOSITS AND ADDED THE SAME AMOUNTING TO ` 1201500/-. 4. BEFORE THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AFTER FILING THE APPEAL ON RESPECTIVE DATES OF HEARING, ASSESSE E DID NOT APPEAR. UPON PERUSING THE ASSESSING OFFICERS ORDER AND TH E RECORDS, LD. COMMISSIONER OF INCOME TAX (APPEALS) CONFIRMED THE AD DITION OF ` 1201500/-. 5. AGAINST THIS ORDER THE ASSESSEE IS IN APPEAL BEF ORE US. 6. NONE APPEARED ON BEHALF OF THE ASSESSEE. WE HAV E HEARD THE LD. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RE CORDS. WE FIND THAT THE ADDITION HAS BEEN BASICALLY SUSTAINED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AND ALSO MADE BY THE ASSESSING OFFICER ON ACCOUNT OF THE FACT ASSESSEE DID NOT GIVE COMPLETE DETAILS BEFORE HIM. IN OUR CONSIDERED OP INION INTEREST OF JUSTICE REQUIRES AN OPPORTUNITY BE GIVEN TO THE ASSE SSEE TO PRESENT HIS CASE BEFORE THE LD. COMMISSIONER OF INCOME TAX (APPEA LS). ACCORDINGLY, WE SET ASIDE THE ISSUE TO THE FILES O F THE LD. COMMISSIONER OF INCOME TAX (APPEALS) TO CONSIDER TH E ISSUE AFRESH ITA NO. 4857/DEL/2010 3 AFTER GIVING THE ASSESSEE AN OPPORTUNITY OF BEING H EARD. LD. DEPARTMENTAL REPRESENTATIVE FAIRLY ACCEPTED THIS PROP OSITION. NEEDLESS TO ADD THAT THE ASSESSEE SHOULD BE GIVEN A DEQUATE OPPORTUNITY OF BEING HEARD. 7. IN THE RESULT, THE APPEAL FILED BY THE ASSESSE E STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 10/01/2011. SD/- SD/- [R.P. TOLANI] [R.P. TOLANI] [R.P. TOLANI] [R.P. TOLANI] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATE 10/01/2011 SRB COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT, DELHI BENCHES