SHRI HANS RAJ BAGRA, Jaipur V. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7, Jaipur

ITA 564/JPR/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 2303 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 7 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 27-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROONIPAL
• Keywords: Additional evidence; TDS; Set aside; FORM 26AS

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S,B JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA-@ ITA. NO. 564/JP/2018 FU/KZKJ.K O'K Z@ ASSESSMENT YEARS : 2013-14 SH. HANSRAJ BAGRA 458, KANAKPURA, MEENAWALA, VAISHALI NAGAR, JAIPUR. CUKE VS. THE DCIT, CIRCLE- 7, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AKIPB 7268 D VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI MUKESH KHANDELWAL (C.A.) JKTLO DH VKSJ LS @ REVENUE BY : SMT. ROONIPAL (JCIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 03/12/2019 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT :05/12/2019 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF LD. CIT(A)-3, JAIPUR DATED 28.02.2018 FOR THE ASSESSMEN T YEAR 2013-14 WHEREIN THE ASSESSEE HAS CHALLENGED THE SUSTENANCE OF ADDITION OF RS. 2,56,142/- MADE BY THE AO ON ACCOUNT OF ALLEGED CONCEALMENT OF INTEREST INCOME. 2. BRIEFLY THE FACTS OF THE CASE ARE THAT DURING TH E COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSING OFFICER ON RE VIEW OF FORM 26AS ITA NO. 564/JP/2018 SHRI HANSRAJ BAGRA VS. DCIT 2 NOTED THAT THERE IS AN ENTRY OF INTEREST OF RS. 2,5 6,142/- ON WHICH TDS OF RS 25,614/- WAS DEDUCTED BY M/S MAJESTIC PROPERT IES PVT. LTD, HOWEVER, THE ASSESSEE HAS NOT SHOWN THE SAID INTERE ST INCOME IN HIS RETURN OF INCOME. AFTER CONSIDERING THE SUBMISSIONS OF THE ASSESSEE, THE SAID AMOUNT WAS BROUGHT TO TAX AND ADDED TO THE TOT AL INCOME OF THE ASSESSEE AND WHICH HAS BEEN CONFIRMED BY THE LD. CI T(A). AGAINST THE SAID FINDING, THE ASSESSEE IN HIS APPEAL BEFORE US. 3. AT THE OUTSET, THE LD. AR SUBMITTED THAT THE ASS ESSEE HAS MOVED A PRAYER FOR ADMISSION OF ADDITIONAL EVIDENCE BEFOR E THE TRIBUNAL. IT WAS SUBMITTED THAT THESE DOCUMENTS ARE CRITICAL AND GOE S TO THE ROOT OF THE MATTER FOR DECIDING THE MATTER INVOLVED IN APPEAL A S THE ASSESSEE WOULD LIKE TO DEMONSTRATE THROUGH THESE DOCUMENTS THAT TH ERE WAS NO INTEREST INCOME WHICH ACCRUED OR PAID TO THE ASSESSEE AND SI NCE THESE DOCUMENTS HAVE ONLY RECENTLY BEEN OBTAINED BY THE A SSESSEE FROM M/S MAJESTIC PROPERTIES PVT. LTD., THE DELAY OCCURRED I N OBTAINING THE DOCUMENT IS BEYOND THE CONTROL OF THE ASSESSEE AND THE SAME MAY KINDLY BE ADMITTED AND THE MATTER MAY BE SET ASIDE TO THE FILE OF THE ASSESSING OFFICER TO EXAMINE THE SAME ON MERITS. 4. PER CONTRA, THE LD. DR HAS OBJECTED TO THE ADMIS SION OF THE ADDITIONAL EVIDENCE AND SUBMITTED THAT THE FACTS AR E CRYSTAL CLEAR AS THE ASSESSEE HAS NOT DISCLOSED THE INTEREST INCOME WHIC H WAS REFLECTED IN FORM 26AS THEREFORE, THERE IS NO INFIRMITY IN THE F INDING OF THE LOWER AUTHORITIES AND THE SAME BE CONFIRMED. IT WAS FURTH ER SUBMITTED THAT WHERE THE BENCH SO DECIDE TO ADMIT THE ADDITIONAL E VIDENCE, THE MATTER ITA NO. 564/JP/2018 SHRI HANSRAJ BAGRA VS. DCIT 3 MAY BE SET-ASIDE TO THE FILE OF THE ASSESSING OFFIC ER TO EXAMINE THE ADDITIONAL EVIDENCE SO SOUGHT TO BE FILED BY THE AS SESSEE. 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. AS PART OF ITS PRAYER FOR SUBM ISSION OF ADDITIONAL EVIDENCE, THE ASSESSEE HAS SUBMITTED A CERTIFICATE ISSUED BY M/S MAJESTIC PROPERTIES PVT. LTD. DATED 30.07.2019 WHER EIN IT HAS BEEN STATED THAT THE ASSESSEE WAS NOT ELIGIBLE FOR ANY A MOUNT OF INTEREST ON MONEY DEPOSITED WITH A COMPANY NOR THE COMPANY HAS EVER PAID ANY AMOUNT ON ACCOUNT OF INTEREST TO THE ASSESSEE. FURT HER, A COPY OF THE LEDGER ACCOUNT OF THE ASSESSEE IN THE BOOKS OF ACCO UNTS OF M/S MAJESTIC PROPERTIES PVT. LTD. HAS BEEN SUBMITTED. WE, THERE FORE, FIND THAT THOUGH THE TRANSACTION HAS BEEN REFLECTED IN ASSESS EES FORM 26AS HOWEVER, A PRIMA FACIE READING OF THE CERTIFICATE I SSUED BY M/S MAJESTIC PROPERTIES PVT. LTD. SHOWS A DIFFERENT POSITION ALT OGETHER. WE, THEREFORE, FIND THAT THESE DOCUMENTS ARE CRITICAL AND GO TO TH E ROOT OF THE MATTER TO DECIDE THE REAL INCOME AND TAXABILITY OF INTERES T INCOME, IF ANY, IN THE HANDS OF THE ASSESSEE. SINCE THESE DOCUMENTS HAVE R ECENTLY BEEN OBTAINED THE ASSESSEE, IN THE INTEREST OF JUSTICE A ND FAIR PLAY AND IN ORDER TO DETERMINE THE REAL INCOME IN THE HANDS OF THE ASSESSEE, THE MATTER IS SET ASIDE TO THE FILE OF THE ASSESSING OF FICER TO CONSIDER THE ADDITIONAL EVIDENCE SO SUBMITTED BY THE ASSESSEE. 6. WE MAY CLARIFY THAT WE HAVE NOT OPINED ON THE ME RITS OF THE CONTENTION RAISED BY THE LD. AR AS WELL AS ON CONTE NTS OF THE DOCUMENTATION SO FILED WHICH SHALL BE EXAMINED AND VERIFIED BY THE ASSESSING OFFICER AND THE LD AR/ASSESSEE SHALL BE A T LIBERTY TO RAISE ITA NO. 564/JP/2018 SHRI HANSRAJ BAGRA VS. DCIT 4 THESE CONTENTIONS BEFORE THE ASSESSING OFFICER WHO SHALL EXAMINE THE SAME ON MERITS AND AS PER LAW. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOW ED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 05/12/2019. SD/- SD/- FOT; IKY JKO FOE FLAG ;KNO (VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 05/12/2019. *SANTOSH VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SH. HANSRAJ BAGRA, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- DCIT, CIRCLE-7, JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE { ITA NO. 564/JP/2018} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR