M/s. Gratings (India) Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 5184/DEL/2012

• Counselvise Citation: 518420114 RSA 2012
• Duration Of Justice: 1 year(s) 11 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 11-09-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 05-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SATPAL SINGH SENIOR
• Keywords: Additional evidence
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH C : NEW DELHI) BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND SHRI B.C. MEENA, ACCOUNTANT MEMBER ITA NO.5184/DEL./2012 (ASSESSMENT YEAR : 2006-07) M/S. GRATINGS (INDIA) PRIVATE LTD., VS. ITO, WARD 12 (2), C 2/20, SAFDARJUNG DEV. AREA, NEW DELHI. NEW DELHI 110 016. (PAN : AAACG3520A) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SATISH KHOSLA, ADVOCATE REVENUE BY : SHRI SATPAL SINGH, SENIOR DR ORDER PER B.C. MEENA, ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE ASSESSEE EMANATES FROM TH E ORDER OF CIT (APPEALS)-VIII, NEW DELHI DATED 09.07.2012 FOR THE ASSESSMENT YEAR 2006-07. 2. THE GROUNDS OF APPEAL TAKEN BY THE ASSESSEE READ AS UNDER :- 1. THAT THE LD. CIT (A) ERRED IN NOT ADMITTING TH E ADDITIONAL EVIDENCES FILED BEFORE HIM. 1(A) THAT THE LD. CIT (A) OUGHT TO HAVE APPRECIATE D THAT IN THE BOOKS OF ACCOUNT CREDIT WAS INADVERTENTLY SH OWN IN THE NAME OF THE SISTER OF THE DIRECTOR (MRS. INSHIY A SHEIKH) WHEREAS IT REPRESENTED CREDIT FROM HER HUSBAND, SHR I ASAD UL ISLAM SAYED. ITA NO.5184/DEL/2012 2 2. THE LD. CIT (A) ERRED IN CONFIRMING THE ADDITIO N OF RS.12 LACS U/S. 68 OF THE I.T. ACT, 1961. 3. THE ASSESSEE HAS SUBMITTED AN APPLICATION UNDER RULE 29 OF THE INCOME-TAX RULES, 1962. 4. WE HAVE HEARD BOTH THE SIDES ON THE ISSUE. IN O UR CONSIDERED VIEW, WE HOLD THAT IN THE INTEREST OF JUSTICE AND EQUITY, THE ADMISSION OF ADDITIONAL EVIDENCES IS NECESSARY. THEREFORE, WE A DMIT THESE ADDITIONAL EVIDENCES WHICH WERE NOT ADMITTED BY THE CIT (A). AFTER ADMITTING THESE ADDITIONAL EVIDENCES, WE REMIT THE ISSUES TO THE FI LE OF THE CIT (A) TO BE DECIDED AFRESH AFTER CONSIDERING THESE ADDITIONAL E VIDENCES WHICH HAVE BEEN ADMITTED AFTER PROVIDING AN OPPORTUNITY OF BEI NG HEARD TO THE ASSESSEE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON THIS 16 TH DAY OF SEPTEMBER, 2014. SD/- SD/- (I.C. SUDHIR) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED THE 16 TH DAY OF SEPTEMBER, 2014 TS ITA NO.5184/DEL/2012 3 COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-VIII, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR/ITAT