Sh. Sudhir Vig, New Delhi V. ACIT, New Delhi

ITA 5875/DEL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7374 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 1
• Next Hearing Date: 23-06-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 31-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC-I : NEW DELHI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER ITA NO.5875/DEL/2014 ASSESSMENT YEAR : 2011-12 SUDHIR VIG, 33, SHANTI VIHAR, NEW DELHI. PAN: AAFPV4970M VS. ACIT, CIRCLE-35(1), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SAUMY AGARWAL, CA DEPARTMENT BY : SHRI DEEPAK GARG, SR. DR DATE OF HEARING : 23.06.2016 DATE OF PRONOUNCEMENT : 23.06.2016 ORDER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE CIT(A) ON 27.8.2014 IN RELATION TO TH E ASSESSMENT YEAR 2011-12. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST THE SUSTENANCE OF DISALLOWANCE OF RS.7,67,147/- MADE BY THE AO U/S 40 (A)(IA) OF THE ACT. ITA NO.5875/DEL/2014 2 3. SUCCINCTLY, THE FACTS OF THE CASE ARE THAT THE A SSESSEE PAID INTEREST AMOUNTING TO RS.7,67,147/- TO TATA CAPITAL LTD., WI THOUT DEDUCTION OF TAX AT SOURCE. THE AO MADE DISALLOWANCE OF THIS SU M U/S 40(A)(IA), WHICH CAME TO BE UPHELD IN THE FIRST APPEAL. 4. AT THE OUTSET, THE LD. AR SUBMITTED THAT SIMILAR ISSUE WAS RAISED IN THE ASSESSEES APPEAL FOR THE IMMEDIATELY SUCCEEDIN G ASSESSMENT YEAR IN WHICH THE ASSESSEE PLACED CERTAIN ADDITIONAL EVIDEN CE IN THE FORM OF CERTIFICATE, THAT WAS ADMITTED BY THE TRIBUNAL AS ADDITIONAL EVIDENCE AND THE MATTER RESTORED TO THE FILE OF AO FOR A FRESH D ECISION. A COPY OF THIS ORDER DATED 12.1.2016 HAS BEEN PLACED ON RECORD. O N THE OTHER HAND, THE LD. DR RELIED ON THE IMPUGNED ORDER. 5. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL AVAILABLE ON RECORD, I FIND THAT THE ASSES SEE HAS PLACED ON RECORD A SIMILAR CERTIFICATE RELEVANT FOR THE YEAR UNDER C ONSIDERATION, WHICH IS AN ADDITIONAL EVIDENCE. IN THE ABSENCE OF ANY DISTI NGUISHING FEATURES POINTED OUT BY THE LD. DR IN RELATION TO THE YEAR U NDER CONSIDERATION VIS- -VIS THE IMMEDIATELY SUCCEEDING YEAR, RESPECTFULLY FOLLOWING THE ITA NO.5875/DEL/2014 3 PRECEDENT, THE MATTER IS REMITTED TO THE FILE OF T HE AO FOR A FRESH DECISION IN ACCORDANCE WITH THE DIRECTIONS GIVEN BY THE TRIBUNAL IN ITS ORDER FOR THE ASSESSMENT YEAR 2012-13. 6. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. THE ORDER PRONOUNCED IN THE OPEN COURT ON 23.06.20 16. SD/- [R.S. SYAL] ACCOUNTANT MEMBER DATED, 23 RD JUNE, 2016. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.