VIPUL, GURGAON V. ITO, WARD- 4(5), GURGAON

ITA 5897/DEL/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1764 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 12-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SARAS KUMAR
• Assessee Lawyers: HARSHVARDHAN AGGARWAL
• Keywords: Reassessment proceedings
• Section: 147; 68; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SH. R. K. PANDA, ACCOUNTANT MEMBER ITA NO.5897/DEL/2018 ASSESSMENT YEAR: 2010-11 VIPUL 208-209, USHA KIRAN BUILDING, AZADPUR, COMMERCIAL COMPLEX, AZADPUR, NEW DELHI -110033 PAN NO. AHDPV6417G VS. INCOME TAX OFFICER WARD- 4 (5) NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY SH. HARSHVARDHAN AGGARWAL, CA RESPONDENT BY SH. SARAS KUMAR, SR. DR DATE OF HEARING: 09/12/2019 DATE OF PRONOUNCEMENT: 11/12/2019 ORDER PER R.K PANDA, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 27.06.2018 OF THE CIT(A)-1, GURGAON REL ATING TO A.Y.2010-11. 2. DESPITE SERVICE OF NOTICE NONE APPEARED ON BEHAL F OF THE ASSESSEE. THEREFORE, THIS IS BEING DECIDED ON THE BASIS OF MATERIAL AVAILABLE ON RECORD AND AFTER HEARING THE LD. DR. PAGE | 2 3. THE ASSESSEE IN THE GROUNDS OF APPEAL HAS CHALLE NGED THE EXPARTE ORDER OF THE CIT(A) IN CONFIRMING THE ADDIT ION OF RS.6 LACS MADE BY THE AO U/S. 68 OF THE IT ACT AND ALSO UPHOL DING THE VALIDITY OF REASSESSMENT PROCEEDINGS INITIATED U/S. 147 OF THE IT ACT. 4. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESS EE IS AN INDIVIDUAL. THE CASE OF THE ASSESSEE WAS REOPENED U/S. 147 OF THE IT ACT BY RECORDING REASONS AND NOTICE U/S. 148 WAS ISSUED ON 29.03.2017. THE CASE WAS REOPENED ON THE GROUND TH AT ASSESSEE HAD DEPOSITED CASH OF RS. 6 LACS IN HIS BANK ACCOUN T DURING THE FINANCIAL YEAR 2009-10. THE AO COMPLETED THE ASSES SMENT U/S. 143 (3) / 147 BY MAKING THE ADDITION OF RS. 6 LACS ON THE GROUND THAT ASSESSEE COULD NOT EXPLAIN THE DEPOSIT OF CASH IN HIS BANK ACCOUNT BY PRODUCING REQUISITE EVIDENCE TO HIS SATI SFACTION. SINCE, THE ASSESSEE DID NOT APPEAR BEFORE THE CIT(A ), THE LD. CIT(A) IN THE EXPARTE ORDER PASSED BY HIM, UPHELD T HE ACTION OF THE AO. AFTER CONSIDERING THE TOTALITY OF THE FACT S OF THE CASE AND IN THE INTEREST OF JUSTICE, I DEEM IT PROPER TO RES TORE THE ISSUE TO THE FILE OF THE CIT(A) WITH A DIRECTION TO GRANT ON E FINAL OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE HIS CAS E AND DECIDE THE ISSUE AS PER FACT AND LAW. THE ASSESSEE IS ALS O HEREBY DIRECTED TO APPEAR BEFORE THE CIT(A) AND EXPLAIN HI S CASE FAILING WHICH THE LD. CIT(A) IS AT LIBERTY TO PASS APPROPRI ATE ORDER AS PER LAW. I HOLD AND DIRECT ACCORDINGLY. THE GROUNDS RAI SE BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSED. PAGE | 3 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 11.12.2019. SD/- (R.K PANDA) ACCOUNTANT MEMBER *NEHA* DATE:-11.12.2019 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION 11.12.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 11.12.2019 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS 11.12.2019 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 11.12.2019 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 11.12.2019 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 11.12.2019 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 11.1 2.2019 DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGIST RAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER