Piyush Tiwari, Noida V. DCIT, Central Circle, Noida

ITA 4867/DEL/2018

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 1245 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 3 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 27-07-2022
• Assessment Year: 2012-2013
• Appeal Filed On: 08-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 132; 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’, NEW DELHI Before Dr. B. R. R. Kumar, Accountant Member Sh. Yogesh Kumar US, Judicial Member ITA No. 4867/Del/2018 : Asstt. Year 2012-13 ITA No. 4868/Del/2018 : Asstt. Year 2013-14 Piyush Tiwari, D-203, Sector-47, Noida, Uttar Pradesh-201301 Vs. DCIT, Central Circle, Noida (APPELLANT) (RESPONDENT) PAN No. ADRPT7904N Assessee by : None Revenue by : Sh. Girish Kohli, Sr. DR Date of Hearing: 28.07.2022 Date of Pronouncement: 11.10.2022 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeals have been filed by the assessee against the orders of ld. CIT(A)-IV, Kanpur dated 16.03.2018. 2. The case has been instituted on 13.08.2021 and the hearings were slatted on 11.10.2021, 09.12.2021, 15.12.2021, 27.04.2022, 27.07.2022 and finally on 28.07.2022. The notices have been issued through RPAD on 4 times. None attended on behalf of the assessee nor any adjournment has been filed. 3. In this case, a search & seizure action u/s 132 of the Income Tax Act, 1961 was conducted on 09.10.2013 and a notice u/s 153A was issued on 11.12.2015. The assessee filed return of income as late as on 04.03.2016 declaring total income of Rs.16,94,950/-. The assessment has been completed ITA Nos. 4867 & 4868/Del/2018 Piyush Tiwari 2 u/s 144 owing to non-compliance of the assessee. The AO made additions on account of foreign travel, cash payment for purchase of land, entries on the seized material. 4. Before the ld. CIT(A), the assessee submitted that the AO rejected the submission of the assessee without any reason for rejection which the ld. CIT(A) categorically held to be implausible. ITA No. 4867/Del/2018: A.Y. 2012-13 5. With regard to the addition on foreign travel, it was submitted that the foreign travel expenses have been incurred by M/s Shubhkamna Builtech Pvt. Ltd. (M/s SBPL) for six persons on account of meeting with architect and interiors designers. The revenue has not made any enquiries to prove that the expenses are in fact incurred by M/s Subhkamana Builtech Pvt. Ltd. Hence, we hereby direct that enquiries be conducted with M/s SBPL and re-examine the issue. The ground of this appeal is remanded back to the file of the AO. 6. The AO has made addition of Rs.60 lacs on the basis of incriminating document found & seized during the course of search. During the course of search & seizure operation in the case of M/s Shubhkamna Buildtech Pvt. Ltd., A-102, Star House, Sector-4, Noida, an agreement was found and seized on page 36 of Annexure LP-2, paper/document was seized as per which Sh. Piyush Tiwari made payment of Rs.6 lacs to Sh. Karan Singh for purchase of the said land. It has been deciphered from the hand written entries on page 36 of Annexure LP-2 that the amount has been written in code word at 10% of its actual value. Also, ITA Nos. 4867 & 4868/Del/2018 Piyush Tiwari 3 on the same page a hand written noting in the case of Sh. Rishi Agarwal and Sh. Buti mentions that the 27% amount has been paid through cheque and 73% amount has been paid in cash. In the light of this, the amount of Rs.16,20,000/- has been paid in cheque and the remaining amount of Rs.43,80,000/- has been made in cash. The seized documents detailed about cash and cheque payment. The assessee could neither prove the sources of the cash nor the cheque amounts. Hence, we decline to interfere with the order of the ld. CIT(A) confirming the order of the Assessing Officer on account of purchase of land. 7. The AO made addition of Rs.7.33 Cr. on account of the entries as per the seized material. The ld. CIT(A) has duly given credit of Rs.2.04 Cr. being the entries pertaining to M/s Advert Communications and confirmed the addition of remaining Rs.5.29 Cr. Since, the addition has been rightly deleted by the ld. CIT(A) owing to bank account entries, in the absence of any other details pertaining to Rs.5.29 Cr., we decline to interfere with the order of the ld. CIT(A). ITA No. 4868/Del/2018: A.Y. 2013-14 8. With regard to the foreign travel expenses, we direct the AO to follow the directions given for the A.Y. 2012-13. 9. With regard to the addition on account of entries of Rs.10.83 Cr., the ld. CIT(A) has given relief of Rs.67.97 lacs owing to the entries in the bank account of M/s Advert Communications. Since, the addition has been rightly deleted by the ld. CIT(A) owing to bank account entries, in the absence of ITA Nos. 4867 & 4868/Del/2018 Piyush Tiwari 4 any other details pertaining to Rs.10.16 Cr., we decline to interfere with the order of the ld. CIT(A). 10. In the result, the appeals of the assessee are partly allowed for statistical purposes. Order Pronounced in the Open Court on 11/10/2022. Sd/- Sd/- (Yogesh Kumar US) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 11/10/2022 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR