Shri Ashok Goel, Ghaziabad V. ITO, Ghaziabad

ITA 5570/DEL/2015

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6463 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 28-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SHUBHAM SOBTI S
• Keywords: Unexplained cash credit; Salary income; Opportunity of being heard; Additional evidence
• Section: 80C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : C : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO.5570/DEL/2015 ASSESSMENT YEAR: 2011-12 ASHOK GOEL, FF-59, B-1, AGARWAL APARTMENT, WEST MODEL TOWN, GHAZIABAD. PAN: AGYPG6915C VS. ITO, WARD 1(1), GHAZIABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : DR. RAKESH GUPTA, ADVOCATE SHRI SOMIL AGGARWAL & SHRI SHUBHAM SOBTI, ADVOCATES REVENUE BY : SHRI AMIT KATOCH, SR. DR DATE OF HEARING : 16.01.2019 DATE OF PRONOUNCEMENT : 16.01.2019 ORDER PER R.K. PANDA, AM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 23 RD JUNE, 2015 PASSED BY THE CIT(A), GHAZIABAD, RELATION TO THE AS SESSMENT YEAR 2011-12. 2. ALTHOUGH A NUMBER OF GROUNDS HAVE BEEN RAISED BY THE ASSESSEE, THEY ALL RELATE TO THE ORDER OF THE CIT(A) IN CONFIRMING THE VARIOU S ADDITIONS MADE BY THE ASSESSING ITA NO.5570/DEL/2015 2 OFFICER WHEREIN THE INCOME WAS ASSESSED AT RS.64,43 ,920/- AS AGAINST RS.1,62,800/- DECLARED BY THE ASSESSEE IN THE RETURN OF INCOME. 3. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESS EE IS AN INDIVIDUAL AND FILED HIS RETURN OF INCOME ON 29 TH JUNE, 2011 DECLARING THE TOTAL INCOME AT RS.62,800 /-. THE ASSESSEE DERIVES INCOME FROM SALARY, INTEREST INCOM E AND INCOME FROM OTHER SOURCES. THE ASSESSING OFFICER, IN THE ORDER PASSED U/S 143( 3), MADE ADDITION OF RS.61,38,350/- ON ACCOUNT OF UNEXPLAINED CREDITS, RS.1,18,325/- ON ACCOUNT OF UNDISCLOSED INTEREST INCOME AND RS.24,438/- BEING DISALLOWANCE OF EXTRA DEDUCTION U/S 80C OF THE IT ACT. 4. IN APPEAL, THE LD.CIT(A) UPHELD THE VARIOUS ADDI TIONS MADE BY THE ASSESSING OFFICER. 5. AGGRIEVED WITH SUCH ORDER OF THE CIT(A), THE ASS ESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 6. THE LD. COUNSEL FOR THE ASSESSEE FILED AN APPLIC ATION FOR ADMISSION OF ADDITIONAL EVIDENCE UNDER RULE 29 OF THE ITAT RULES. REFERRIN G TO THE VOLUMINOUS EVIDENCES FILED IN THE SHAPE OF A PAPER BOOK CONTAINING 513 P AGES, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT HUGE EFFORT WAS REQUIRED ON BEHALF OF THE ASSESSEE TO COLLECT THE VARIOUS EVIDENCES FROM THIRD PARTIES TO SUBSTAN TIATE HIS CASE. HE SUBMITTED THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSES IN PROD UCING THESE EVIDENCES BEFORE THE ASSESSING OFFICER DUE TO PAUCITY OF TIME. REFERRIN G TO THE ORDER OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE IMMEDIATELY PRECEDING A SSESSMENT YEAR, HE SUBMITTED THAT THE TRIBUNAL, AFTER CONSIDERING THE ADDITIONAL EVID ENCES HAS RESTORED THE MATTER TO THE ITA NO.5570/DEL/2015 3 FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATIO N OF THE ISSUE. HE, ACCORDINGLY SUBMITTED THAT HE HAS NO OBJECTION IF THE MATTER IS RESTORED TO THE FILE OF THE ASSESSING OFFICER. EVEN OTHERWISE ALSO HE SUBMITTED THAT HE IS IN A POSITION TO ARGUE HIS CASE ON MERIT. 7. THE LD. DR, ON THE OTHER HAND, STRONGLY OPPOSED THE ADDITIONAL EVIDENCES FILED BY THE ASSESSEE. HE SUBMITTED THAT THERE IS NO REA SON FOR THE ASSESSEE FOR NON- SUBMISSION OF THESE DETAILS BEFORE THE ASSESSING OF FICER, THEREFORE, THE ADDITIONAL EVIDENCES SHOULD NOT BE ADMITTED AND THE APPEAL FIL ED BY THE ASSESSEE SHOULD BE DISMISSED SINCE THE LD.CIT(A) HAS PASSED A VERY SPE AKING ORDER ON THE VARIOUS ISSUES. 8. WE HAVE CONSIDERED THE RIVAL ARGUMENTS MADE BY BOTH THE SIDES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND AS AGAINST T HE RETURNED INCOME OF RS.1,62,800/-, THE ASSESSING OFFICER HAS COMPLETED THE ASSESSMENT DETERMINING THE TOTAL INCOME AT RS.64,43,920/-, WHEREIN HUGE ADDITIONS HAVE BEEN MA DE ON ACCOUNT OF UNEXPLAINED CREDITS APART FROM ADDITION ON ACCOUNT OF INTEREST INCOME AND DISALLOWANCE OF EXTRA DEDUCTION U/S 80C. WE FIND THE ASSESSEE HAS FILED CERTAIN ADDITIONAL EVIDENCES AND HAS REQUESTED THE TRIBUNAL TO ACCEPT THESE EVIDENCES UN DER RULE 29 OF THE ITAT RULES. THESE EVIDENCES, IN OUR OPINION, GO TO THE ROOT OF THE MATTER AND IN THE INTEREST OF JUSTICE THE ASSESSEE SHOULD BE GIVEN AN OPPORTUNITY TO SUBSTANTIATE HIS CASE. WE FURTHER FIND, UNDER SIMILAR CIRCUMSTANCES, THE TRIB UNAL IN ASSESSEES OWN CASE IN THE IMMEDIATELY PRECEDING ASSESSMENT YEAR, VIDE ITA NO. 3221/DEL/2015, ORDER DATED 25 TH JANUARY, 2017, HAS ADMITTED THE ADDITIONAL EVIDENCE S AND HAS RESTORED THE ISSUE TO THE ITA NO.5570/DEL/2015 4 FILE OF THE ASSESSING OFFICER FOR DENOVO ADJUDICATION IN ACCORDANCE WITH THE LAW. CONSIDERING THE TOTALITY OF THE FACTS OF THE CASE A ND IN THE INTEREST OF JUSTICE, WE ADMIT THE ADDITIONAL EVIDENCES AND RESTORE THE ISSUE TO T HE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO DECIDE THE ISSUE AFRESH AND IN ACCOR DANCE WITH LAW, AFTER GIVING DUE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. WE HOL D AND DIRECT ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLO WED FOR STATISTICAL PURPOSES. 9. IN THE RESULT, THE APPEAL FILED BY THE ASS ESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 1 6.01.2019 AT THE TIME OF HEARING ITSELF. SD/- SD/- (KULDIP SINGH) (R.K. PANDA) JUDICIAL MEMBER A CCOUNTANT MEMFBER DATED: 16 TH JANUARY, 2019 DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI