Shri Harinder Singh, New Delhi V. ACIT, New Delhi

ITA 52/DEL/2015

• Counselvise Citation: 5220114 RSA 2015
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-03-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 02-03-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 05-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GUNJAN P RASAD
• Keywords: Application of stay
• Section: 143(3); 148

Judgement Text

1 ITA NO. 52/DEL/2015 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRI KUL BHARAT : JUDICIAL MEMBER ITA NO. 52/DEL/2015 A.Y. 2007-08 HARINDER SINGH VS. ACIT CEN. CIRCLE-17, 232, B, 3 RD FLOOR, NEW DELHI. OKHLA INDUSTRIAL ESTATE, PHASE-III, NEW DELHI. PAN: ABLPS 6399 E ( APPELLANT ) ( RESPONDENT ) APPELLANT BY : SHRI SALIL AGARWAL ADV. & SHRI SHAILESH GUPTA CA RESPONDENT BY : SHRI GUNJAN PRASAD CIT( DR) DATE OF HEARING : 04-03-2015 DATE OF ORDER : 11-03-2015. O R D E R PER S.V. MEHROTRA, A.M:- THIS APPEAL, PREFERRED BY THE ASSESSEE, IS DIRECTE D AGAINST THE ORDER DATED 31-10-2014, PASSED BY THE CIT(APPEALS)-II, N EW DELHI IN APPEAL NO. 95/14-15, RELATING TO A.Y. 2007-08. 2. BRIEF FACTS OF THE CASE ARE THAT ASSESSMENT WAS COMPLETED ON 31-12- 2008 U/S 143(3) AT THE RETURNED INCOME OF RS. 9,17, 47,050/-. THEREAFTER, NOTICE U/S 148 WAS ISSUED ON 28-3-2013 AND THE ASSE SSMENT WAS COMPLETED 2 ITA NO. 52/DEL/2015 U/S 143(3)/147 VIDE ORDER DATED 26-3-2014 AT A TOTA L INCOME OF RS. 12,63,22,050/-. THE LD. CIT(A), DISMISSED THE ASSESSEES APPEAL, INTER ALIA, OBSERVING THAT THE ASSESSEE HAD NOT PAID THE ADMITTED TAX ON THE RETURNED INCOME. HE, INTER ALIA, OBSERVED AS UNDER: FURTHER PERUSAL OF THE TAX COMPUTATION REVEALED TH AT THE APPELLANT HAD PAID RS. 3,04,75,958 AS AGAINST THE T AX OF RS. 3,08,25,958 ON THE RETURNED INCOME OF RS. 9,17,47,0 50/-. 2.1. BEING AGGRIEVED WITH THE ORDER OF LD. CIT(A) T HE ASSESSEE IS IN APPEAL BEFORE US AND HAS TAKEN, INTER ALIA, FOLLOWING GROU ND: THE LEARNED COMMISSIONER OF INCOME TAX (A) DISMISS ED THE APPEAL ON THE GROUND THAT THE ASSESSEE HAS NOT DEPO SITED TAX IN FULL ON THE INCOME RETURNED WHICH IS CLEARLY AGAINS T THE FACTS ON RECORD. 3. DURING THE COURSE OF HEARING LD. COUNSEL FOR TH E ASSESSEE REFERRED TO THE ORIGINAL INCOME-TAX COMPUTATION FORM TO SUBMIT THAT TAX OF RS. 3,08,25,958/- HAD ALREADY BEEN CHARGED AND ONLY FOR THE BALANCE AMOUNT THE DEMAND WAS RAISED AND, THEREFORE, LD. CIT(A) SH OULD HAVE ADMITTED THE APPEAL. 4. WE HAVE HEARD BOTH THE PARTIES. WE FIND THAT IN THE INCOME TAX COMPUTATION FORM DATED 31-12-2008, FILED ALONG WITH THE STAY APPLICATION, CONTAINED AT PAGE 99 OF THE PB, THE TOTAL PAYMENT I S RS. 3,04,75,958/-. HOWEVER, IN THE INCOME TAX COMPUTATION FORM FILED D URING THE COURSE OF HEARING BY LD. COUNSEL, WHICH IS AS PER ORDER U/S 1 43(3)/ 147, DEPARTMENT HAS DETERMINED THE DEMAND AFTER DEDUCTING RS. 3,08,25,9 58/-. IN CASE THE SUM OF RS. 3,08,25,958/- WAS PAID BY ASSESSEE AND NOT ONLY RS. 3,04,75,958/-, THEN 3 ITA NO. 52/DEL/2015 LD. CIT(A) SHOULD HAVE ADMITTED THE ASSESSEES APPE AL. HOWEVER, THIS FACT NEEDS TO BE VERIFIED. WE, THEREFORE, RESTORE THE MA TTER TO THE FILE OF LD. CIT(A) TO EXAMINE THE CORRECT FACTUAL POSITION IN T HIS REGARD AND IF IT IS FOUND THAT ASSESSEE HAD PAID RS. 3,08,25,9 58/-, THEN THE ASSESSEES APPEAL HAS TO BE ADMITTED AND DECIDED ON MERITS IN ACCORDANCE WITH LAW. WE ORDER ACCORDINGLY. 5. IN THE RESULT, ASSESSEES APPEAL STANDS ALLOWED FOR STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN OPEN COURT ON 11-03-2015. SD/- SD/- (KUL BHARAT ) ( S.V. MEHROTRA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 11-03-2015. MP: C OPY TO : 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR