Rohella Construction P.Ltd, New Delhi V. DCIT, Circle-21(2), New Delhi

ITA 5296/DEL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3514 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 07-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Assessee Lawyers: D M SINHA
• Section: 142(1); 68; 148; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA NO.5296/DEL/2018 ASSESSMENT YEAR: 2008-09 ROHELLA CONSTRUCTION P. LTD., A-242, BASEMENT, NEW FRIENDS COLONY, NEW DELHI. PAN: AACCR2419M VS. DCIT, CIRCLE 21(2), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI D.M. SINHA, CA REVENUE BY : SHRI S.L. ANURAGI, SR. DR DATE OF HEARING : 20.02.2019 DATE OF PRONOUNCEMENT : 20.02.2019 ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE EX PARTE ORDER DATED 1 ST JUNE, 2018 OF THE CIT(A)-25, NEW DELHI, RELATING TO ASSES SMENT YEAR 2008-09. 2. THE ASSESSEE IN ITS VARIOUS GROUNDS OF APPEAL HA S CHALLENGED THE EX PARTE ORDER PASSED BY THE CIT(A) IN CONFIRMING THE ADDITION OF RS.14,44,334/- MADE BY THE ASSESSING OFFICER U/S 68 OF THE IT ACT. 3. AFTER HEARING BOTH THE SIDES, I FIND THE ASSESSE E IS A COMPANY AND FILED ITS RETURN OF INCOME ON 27 TH SEPTEMBER, 2008 DECLARING THE TOTAL INCOME AT RS.1 7,89,740/- WHICH WAS SUBSEQUENTLY REVISED ON 05.01.2009 AT AN INCOME OF RS.6,98,310/-. SUBSEQUENTLY, THE CASE WAS REOPENED BY ISSUING NOTICE U/S 148 OF THE IT ACT AND STATUTORY NOTICES U/S ITA NO.5296/DEL/2018 2 142(1) WAS ISSUED. SINCE NONE APPEARED ON BEHALF O F THE ASSESSEE AND CONSIDERING THE FACT THAT THERE WAS CASH DEPOSIT OF RS.14,44,334/- IN THE BANK ACCOUNT MAINTAINED WITH IDBI BANK LTD., FOR THE IMPUGNED ASSESSMENT YEAR, T HE ASSESSING OFFICER, IN THE ORDER PASSED U/S 144 OF THE ACT, MADE THE ADDITION OF RS. 14,44,334/- BY INVOKING THE PROVISIONS OF SECTION 68 OF THE IT ACT. SINCE NONE APPEARED ON BEHALF OF THE ASSESSEE, THE LD.CIT(A), IN THE EX PARTE ORDER PASSED BY HIM UPHELD THE ACTION OF THE ASSES SING OFFICER. 4. AFTER HEARING BOTH THE SIDES AND CONSIDERING THE TOTALITY OF THE FACTS OF THE CASE AND IN THE INTEREST OF JUSTICE, I DEEM IT PROPER TO RESTORE THE ISSUE TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO GIVE ONE FINA L OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE ITS CASE. THE ASSESSEE IS ALSO HEREBY DIRECTED TO APPEAR BEFORE THE ASSESSING OFFICER AND SUBSTANTIATE ITS CASE WITHOUT SEEKING ANY ADJOURNMENT UNDER ANY PRETEXT FAILING WHICH THE ASSESSING OFFICER SHALL P ASS APPROPRIATE ORDER AS PER LAW. I HOLD AND DIRECT ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, THE APPEAL FILED BY THE ASS ESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 2 0.02.2019. SD/- ( R.K. PANDA) ACCOUNTANT MEMFBE R DATED: 20 TH FEBRUARY, 2019 DK ITA NO.5296/DEL/2018 3 COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI