New Link Overseas Finance Ltd., New Delhi V. DCIT, New Delhi

ITA 5501/DEL/2015

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7035 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 14-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SARAS KUMAR
• Keywords: Principle of natural justice
• Section: 131

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B, NEW DELHI BEFORE SH. H. S. SIDHU, JUDICIAL MEMBER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER ITA NO. 5501/DEL/2015 : ASSTT. YEAR : 2011-12 NEW LINK OVERSEAS FINANCE LTD., BASEMENT, 84 BHARAT NAGAR, NEW FRIENDS COLONY, NEW DELHI VS DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-11, NEW DELHI-110055 (APPELLANT) (RESPONDENT) PAN NO. AAACN1131A ASSESSEE BY : SH. MOHIT GUPTA, CA REVENUE BY : SH. SARAS KUMAR, SR. DR DATE OF HEARING: 19.12.2019 DATE OF PRONOUNCEMENT: 04.02.2020 ORDER PER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE A GAINST THE ORDER OF LD. CIT (A)-2, NEW DELHI DATED 18.06.2 015. 2. FOLLOWING GROUNDS HAVE BEEN RAISED BY THE ASSESS EE: 1. THAT THE ORDERS OF THE ASSESSING OFFICER AND TH E LD. COMMISSIONER OF INCOME TAX(APPEALS)-II, NEW DELHI ARE BAD IN LAW, WRONG ON THE FACTS AND AGAINS T THE PRINCIPLES OF NATURAL JUSTICE. 2. THAT THE ASSESSING OFFICER AS WELL AS THE LD. COMMISSIONER OF INCOME TAX(APPEALS)-II, NEW DELHI HAVE ERRED IN LAW AND ON FACTS IN DETERMINING THE TOTAL LOSS OF THE ASSESSEE COMPANY AT A FIGURE OF RS.54,25,731/- AS AGAINST THE RETURNED LOSS OF RS.81,75,731/-. 3. THAT THE ASSESSING OFFICER AS WELL AS THE LD. COMMISSIONER OF INCOME TAX(APPEALS)-II, NEW DELHI HAVE ERRED IN LAW AND ON FACTS IN MAKING AN ADDITIO N OF RS.27,50,000/- RECEIVED FROM M/S IRFAN CARPETS O N ITA NO. 5501/DEL/2015 NEW LINK OVERSEAS FINANCE LTD. 2 ACCOUNT OF REPAYMENT OF LOAN TOWARDS ITS DEBIT BALANCE APPEARING IN THE BOOKS OF THE APPELLANT COMPANY. 4. THAT THE ORDERS SO FRAMED BY THE ASSESSING OFFIC ER AS WELL AS THE LD. COMMISSIONER OF INCOME TAX(APPEALS)-II, NEW DELHI ARE BAD IN LAW AGAINST FACTS (TO THE EXTENT AS ELABORATED ABOVE) AND NEEDS TO BE QUASHED. 3. A SEARCH & SEIZURE OPERATION WAS CONDUCTED AT TH E BUSINESS PREMISES OF THE ASSESSEE COMPANY ON 06.01.2011 IN W HICH THE FOLLOWING RECEIPTS FOUND AND SEIZED: RECEIPT NO. DATE OF RECEIPT AMOUNT IN RS. 6831 08.10.2010 RS.7,50,000 6854 26.10.2010 RS.10,00,000 2901 30.12.2010 RS.10,00,000 4. DURING THE SEARCH AND SUBSEQUENTLY ON THE STATEM ENT RECORD U/S 131 ON 03.05.2011, IT WAS EXPLAINED THAT THE AMOUNT S HAVE BEEN RECEIVED FROM ONE ENTITY NAMED M/S IRFAN CARPETS AGAINST THE REPAYMENT OF THE LOAN GIVEN BY THE ASSEESSEE. DURING THE ASSESSMENT PROCEEDINGS, THE ASSESSEE FILED COPY OF ACCOUNT OF M/S IRFAN CARPETS DEPICTING THE DEBIT BALANCES. THE ASSESSING OFFICER MADE THE ADDITION O N THE GROUNDS THAT THE TRANSACTIONS CANNOT BE TAKEN AS TRUE AND MANIPULATE D. 5. THE LD. CIT (A) CONFIRMED THE ADDITION ON THE GR OUNDS THAT THE ASSESSEE HAS NOT FURNISHED ANY EVIDENCE TO ESTABLIS H THE CREDITWORTHINESS OF THE PARTY NAMELY M/S IRFAN CARPETS FROM WHOM THE AMOUNTS WERE SAID TO HAVE BEEN RECEIVED AGAINST THE REPAYMENT OF THE LOAN. 6. DURING THE HEARING BEFORE US, THE LD. AR REPEATE D THE ARGUMENTS TAKEN UP BEFORE THE REVENUE AUTHORITIES. THE LD. DR SUPPORTED THE ORDER OF THE LD. CIT (A). ITA NO. 5501/DEL/2015 NEW LINK OVERSEAS FINANCE LTD. 3 7. WE HAVE GONE THROUGH THE SUBMISSIONS FILED BY TH E ASSESSEE AND ALSO THE COPY OF THE LEDGER ACCOUNT OF M/S IRFAN CA RPETS. THE LEDGER SHOWS THAT THE AMOUNT OF RS.4,00,000/- AND RS.3,50,000/- HAS BEEN PAID ON 30.09.2010. IT WAS SUBMITTED THAT AGAINST THE RECEI PT OF THIS AMOUNT OF RS.7,50,000/-, THE ASSESSEE HAS ISSUED ONE CONSOLID ATED RECEIPT BEARING NO. 6831 FOR RS.7,50,000/- ON 08.10.2010. HENCE, IT MAY BE TREATED AS EXPLAINED. SIMILARLY, IT WAS SUBMITTED THAT THE LED GER ACCOUNT SHOWS THAT THE AMOUNTS OF RS.10,00,000/- ON 26.10.2010 AND AGA IN ON 30.12.2010 WHICH HAVE BEEN DULY PERUSED. 8. WE HAVE GONE THROUGH THE LEDGER ACCOUNTS WHICH A RE MAINTAINED MANUALLY, THE RECEIPTS ISSUED BY THE ASSESSEE AND T HE CONFIRMATIONS OF THE PARTIES. IT IS A FACT THAT THE RECEIPTS HAVE BEEN A PART OF THE RECORDS SEIZED BY THE REVENUE AND SO AS THE LEDGER ACCOUNT OF THE ASSESSEE. THEY DO TALLY AND MATCH, HENCE, THERE IS NO NEED FOR THE REVENUE TO TAKE A CONTRA VIEW REGARDING THE SEIZED MATERIAL CONSISTING OF THE REG ULAR LEDGER ACCOUNT MAINTAINED BY THE ASSESSEE AND THE BILLS TOGETHER. HENCE, THE ADDITION MADE BY THE REVENUE IS LIABLE TO BE DELETED. 9. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON 04/02/2020. SD/- SD/- (H. S. SIDHU) (DR . B. R. R. KUMAR) JUDICIAL MEMBER ACCOUNT ANT MEMBER DATED: 04/02/2020 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR