Smt. Ramkala, Gurgaon V. ITO, Rewari

ITA 5787/DEL/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 6622 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 27-02-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 10-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BEDOBINA CHAUDHURI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC-I : NEW DELHI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER ITA NO.5787/DEL/2016 ASSESSMENT YEAR : 2007-08 RAMKALA, C/O MAHAVIR SINGH, ADVOCATE, 1078, SECTOR-15, PART-2, GURGAON. PAN: CWUPK5922M VS. ITO, WARD-2, REWARI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI MAHAVIR SINGH, ADVOCATE DEPARTMENT BY : MS BEDOBINA CHAUDHURI, SR. DR DATE OF HEARING : 27.02.2017 DATE OF PRONOUNCEMENT : 28.02.2017 ORDER THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER PASSED BY THE CIT(A) ON 21.04.2016 IN RELATION TO T HE ASSESSMENT YEAR 2007-08. 2. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT T HE AO RECEIVED SOME AIR INFORMATION ABOUT THE ASSESSEE DE POSITING A ITA NO.5787/DEL/2016 2 SUM OF RS.13,50,000/- IN HER BANK ACCOUNT WITH CORP ORATION BANK, CIRCULAR ROAD, REWARI. IN THE ABSENCE OF ANY PROPER SERVICE OF NOTICE, AND THE CONSEQUENTIAL NON-PARTIC IPATION BY THE ASSESSEE IN THE ASSESSMENT PROCEEDINGS, THE AO MADE ADDITION OF RS.13,50,000/- U/S 144 OF THE ACT. THE LD. CIT(A) AFFIRMED THE SAME. THE ASSESSEE IS AGGRIEVED AGAINS T SUCH ADDITION. 3. I HAVE HEARD THE PARTIES AND PERUSED THE RELEVAN T MATERIAL ON RECORD. IT IS NOTICED THAT THIS APPEAL IS RELATE D TO THE APPEAL OF SHRI AMI LAL YADAV (ITA NO.1896/DEL/2016) WHICH CAME UP FOR CONSIDERATION BEFORE THE TRIBUNAL. THE ASSE SSEE IS ONE OF THE CO-OWNERS WHO TRANSFERRED THE PROPERTY TO SH RI KANWAR SINGH FOR A STATED CONSIDERATION OF RS.24.22 LAC AL ONG WITH THE ASSESSEE IN THE ABOVE CASE. THE TRIBUNAL NOTICED I N THAT CASE THAT THE PROPERTY WAS, IN FACT, SOLD FOR RS.92.03 L AC AND THE AMOUNT WAS, ACCORDINGLY, RECEIVED, WHICH WAS DEPOSI TED IN THE BANK ACCOUNT ON THE RELEVANT DATES. THAT IS HOW, TH E TRIBUNAL ITA NO.5787/DEL/2016 3 VIDE ITS ORDER DATED 27.09.2016, DELETED THE ADDITI ON MADE IN THE HANDS OF THAT ASSESSEE. AS THE FACTS AND CIRCU MSTANCES OF THE INSTANT APPEAL, BEING THE OTHER CO-OWNER OF THE PROPERTY, ARE MUTATIS MUTANDIS SIMILAR, FOLLOWING THE VIEW TAKEN BY THE TRIBUNAL IN THE CASE OF AMI LAL YADAV (SUPRA), I OR DER FOR THE DELETION OF THE ADDITION. 4. IN THE RESULT, THE APPEAL IS ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 28 .02.20 17. SD/- [R.S. SYAL] ACCOUNTANT MEMBER DATED, 28 TH FEBRUARY, 2017. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.