Appeal Details
Counselvise Citation
[2017] 130 COUNSELVISE.COM (IT) 6618 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 year(s) 4 month(s) 3 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
28-02-2017
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
A
Next Hearing Date
08-02-2017
Assessment Year
2008-2009
Appeal Filed On
25-10-2013
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A, NEW DELHI BEFORE SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.5727/DEL/2013 ASSESSMENT YEAR : 2008-09 ARUN KUMAR BANSAL, C/O VIRENDRA KUMAR JAIN, 130, RISHABH VIHAR, KARKARDOOMA, DELHI. VS. ITO, WARD 26(3), NEW DELHI. PAN : AALPB 8672 Q (APPELLANT) (RESPONDENT) APPELLANT BY : WRITTEN SUBMISSION RESPONDENT BY : SHRI S. K. JAIN, SR.DR DATE OF HEARING : 08-02-2017 DATE OF PRONOUNCEMENT : 28-02-2017 O R D E R PER S.V. MEHROTRA, A.M : THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE LEVY OF PENALTY U/S 271(1)(C) OF THE ACT IN RESPECT OF ADDITION MADE U/ S 69A OF RS.20,97,900/- ON ACCOUNT OF ALLEGED UNEXPLAINED AND UN-PROOF CASH DE POSITS IN THE BANK ACCOUNT OF THE ASSESSEE. 2. THE ASSESSEE HAS FILED WRITTEN SUBMISSIONS, WHER EIN, HE HAS ATTACHED TRIBUNALS ORDER VIDE ITA NO.4716/DEL/2012 RELATING TO ASSESSMENT YEAR 2008-09, ORDER DATED 09.05.2014, WHEREIN, THE TRIBU NAL HAS OBSERVED AS UNDER :- IN THE ENTIRETY OF FACTS AND CIRCUMSTANCES, WE ARE OF THE VIEW THAT THE FACTS INVOLVED IN THE SUBJECT MATTER HAVE NOT BEEN STREAMLINED IN A PROPER MANNER AND THE ADVERSE INFERENCES HAVE BEEN SUMMARILY DRAWN. IF THE ASSESS EE IS OWNER OF ABOVE PIECES OF LAND HOLDING GPA, IT GIVES A FAIR ASSUMPTION THAT T HE LAND COULD BE SOLD. SIMILARLY, IF 2 ITA NO.5727/DEL/2013 THERE IS NO SUBSEQUENT DEPOSIT IN ASSESSEE'S BANK A CCOUNT WHICH MAY GIVE INDICATION THAT THE SALE PRICE HAVE BEEN FETCHED BY THE ASSESS EE, THEN THE ISSUES ARE TO BE DECIDED ON THE BASIS OF PREPONDERANCE OF PROBABILITIES. IN THAT EVENTUALITY SUCH PREPONDERANCE HAS TO BE REASONABLY WORKED OUT. BESI DES, COPY OF AIR INFORMATION NEEDS TO BE GIVEN TO THE ASSESSEE AND THE SUMMONS H AVING NOT COME BACK UNSERVED OR MARKED AS NO SUCH PERSON, IMPLIES THAT PERSONS ARE AVAILABLE. IN THIS EVENTUALITY RELYING ON HON'BLE SUPREME COURT JUDGMENT IN ORISSA CORPORATION (SUPRA), THE AO HAS TO BRING THE SUMMONS PROCEEDINGS TO A LOGICAL C ONCLUSION. MERELY BECAUSE SUMMONED PERSON DID NOT RESPOND, CANNOT BE HELD AGA INST ASSESSEE. IN THESE FACTS AND CIRCUMSTANCES, ENDS OF JUSTICE WILL MEET IF THE ISS UE IN QUESTION IS SET ASIDE, RESTORED BACK TO THE FILE OF ASSESSING OFFICER TO DECIDE THE SAME AFRESH, IN THE LIGHT OF OUR OBSERVATIONS, IN ACCORDANCE WITH LAW, AFTER GIVING THE ASSESSEE AN OPPORTUNITY OF BEING HEARD. WE ORDER ACCORDINGLY. 3. SINCE THE ASSESSMENT HAS BEEN SET-ASIDE, THEREFO RE, THE PENALTY HAS NO LEGS TO STAND AND IS, THEREFORE, DELETED. HOWEVER, THE ASSESSING OFFICER WOULD BE ENTITLED TO TAKE NECESSARY ACTION IN ACCORDANCE WIT H LAW AFTER GIVING EFFECT TO THE TRIBUNALS ORDER. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 28 TH DAY OF FEBRUARY, 2017. SD/- SD/- (SUDHANSHU SRIVASTAVA) (S.V. MEHROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 28-02-2017. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A)- 5) THE DR, I.T.A.T., NEW DELHI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI
