Rakesh Chandra Tiwari, Kichha V. ITO, Ward-1(5), Rudrapur

ITA 5785/DEL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 2847 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 11-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reassessment proceedings
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT ITA NO.5785/DEL/2017 ASSESSMENT YEAR : 2012-13 RAKESH CHANDRA TIWARI, KICHHA, C/ M/S RRA TAX INDIA, D-28, SOUTH EXTENSION, PART-1, NEW DELHI 110049. PAN: ANRPT5266F VS. ITO, WARD 1(5), RUDRAPUR. ASSESSEE BY : SHRI SOMIL AGARWAL & SHRI DEEPESH GARG, ADVOCATES DEPTT. BY : SHRI AMIT JAIN, SR. DR DATE OF HEARING : 20.12.2017 DATE OF PRONOUNCEMENT : 21.12.2017 ORDER THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 19.12.2016 IN RELATION TO THE ASSE SSMENT YEAR 2012-13. ITA NO.5785/DEL/2017 2 2. THERE IS A DELAY OF 162 DAYS IN PRESENTING THE A PPEAL BEFORE THE TRIBUNAL. THE ASSESSEE HAS FILED AN APPL ICATION FOR CODONATION OF THE DELAY. I AM SATISFIED WITH THE RE ASONS FOR SUCH DELAY. AS SUCH, THE DELAY IS CONDONED AND THE APPEAL IS ADMITTED FOR HEARING. 3. SUCCINCTLY, THE FACTUAL MATRIX OF THE CASE IS TH AT THE ASSESSEE MADE CERTAIN DEPOSITS IN THE BANK ACCOUNTS . THE EXPLANATION TENDERED IN SUPPORT OF THE SOURCE OF DE POSITS WAS NOT ACCEPTED BY THE ASSESSING OFFICER, WHICH LED TO THE ADDITION OF RS.25 LAC. IN ADDITION, A FURTHER SUM OF RS.1,51,319/- WAS ADDED TOWARDS INTEREST INCOME. T HIS ACTION WAS TAKEN BY THE ASSESSING OFFICER U/S 147 READ WIT H SECTION 144. THE ASSESSEE CHALLENGED, INTER ALIA, THE INITIATION OF REASSESSMENT PROCEEDINGS BEFORE THE LD. CIT(A). GR OUND NO.1 OF THE ASSESSEES APPEAL BEFORE THE LD. CIT(A), AS REPRODUCED IN THE IMPUGNED ORDER, IS AN ASSAIL TO THE INITIATI ON OF REASSESSMENT PROCEEDINGS. IT IS SEEN THAT THE LD. CIT(A) DID ITA NO.5785/DEL/2017 3 NOT DISPOSE OF THIS GROUND AND SIMPLY PROCEEDED TO DEAL WITH THE APPEAL ON MERITS, ALLOWING PART RELIEF. THE LD. AR CONTENDED AND, RIGHTLY SO, THAT SINCE THE GROUND CH ALLENGING THE INITIATION OF REASSESSMENT PROCEEDINGS WAS NOT DEALT WITH BY THE LD. CIT(A), THE MATTER SHOULD BE RESTORED TO HIS FILE. I, THEREFORE, SET ASIDE THE IMPUGNED ORDER AND REMIT T HE MATTER TO THE FILE OF LD. CIT(A) FOR DEALING WITH THE ASSESSE ES GROUND AGAINST THE INITIATION OF REASSESSMENT PROCEEDINGS. IN SUCH PROCEEDINGS, THE LD. CIT(A) WOULD ALSO TAKE INTO CO NSIDERATION THE CONTENTIONS REGARDING THE SUSTENANCE OF ADDITIO N ON MERITS, IF WARRANTED. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 21.12.2017. SD/- [R.S. SYAL] VICE PRESIDENT DATED, 21 ST DECEMBER, 2017. ITA NO.5785/DEL/2017 4 DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.