M/s. Ritika Promoters & Developers Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 5909/DEL/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 97394 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 1
• Next Hearing Date: 10-09-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 31-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR B R R KUMAR
• Assessee Lawyers: APPLICATION REJECTED
• Keywords: Opportunity of being heard; Accommodation entries
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC - I NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER I.T.A .NO. - 5909 / DEL/ 201 4 (ASSESSMENT YEAR - 20 05 - 06) RITIKA PROMOTERS & DEVELOPERS PVT.LTD., B - 105, POOJA APARTMENTS, 77, I.P. EXTENSION, PATPAR GANJ, NEW DELHI - 110092. PAN - AADCR4492H ( APPELLANT) VS ITO, WARD - 15(4), NEW DELHI. (RESPONDENT ) APPELLANT BY APPLICATION REJECTED RESPONDENT BY DR.B.R.R.KUMAR, SR.DR ORDER BY THE PRESENT APPEAL THE ASSESSEE HAS ASSAILED THE CORRECTNESS OF THE ORDER DATED 28.08.2014 OF CIT(A) - X V II I, NEW DELHI PERTAINING TO 2005 - 06 ASSESSMENT YEAR ON VARIOUS GROUNDS. 2. HEREIN ALSO, AS IN ITA NO. - 59 1 0/DEL/2014 IDENTICAL ISSUES HAVE BEEN RAISED VIDE GROUND NO. - 7 & 8 WHICH ARE FOUND TO BE IDENTICAL TO GROUND NO. - 5 & 6 IN ITA NO. - 5910/DEL/2014. IN THE PRESENT PROCEEDINGS ALSO THE ISSUES AGITATED VIDE GROUND NO. - 4 BEFORE THE CIT(A) ARE STATED TO BE NOT ADDRESSED IN THE IMPUGNED ORDER. HEREIN ALSO AN ADJOURNMENT PETITION WAS MOVED ON BEHALF OF THE ASSESSEE. CONSIDERING THE FACT THAT FACTS AND CIRCUMSTANCES ON THE ISSUE RAISED IN THE PRESENT APPEAL AND THE SUBMISSION OF THE LD. SR. DR WHO ALSO TOOK THE STAND THAT THE FACTS REMAINED IDENTICAL TO THE ISSUES ADDRESSED IN ITA NO.5910/DEL/2014, THE IMPUGNED ORDER HEREIN ALSO IS SET ASIDE RESTORING THE ISSUES BACK TO THE CIT(A) DE NOVO. THE DISTINGUISHED FACT BEING THAT HEREIN THE ASSESSE E DID NOT FILE ITS RETURN. AFTER ISSUANCE OF NOTICE U/S 148 THE ASSESSMENT WAS CONCLUDED AT AN INCOME OF RS.11,01,000/ - AS A RESULT OF THE FOLLOWING DATE OF HEARING 10 .0 9 .2015 DATE OF PRONOUNCEMENT 23 . 0 9 .2015 I.T.A .NO. - 5909/ DEL/201 4 PAGE 2 OF 2 INFORMATION IN REGARD TO ACCOMMODATION ENTRIES RECEIVED BY THE ASSESSEE AS PER THE REPORT OF THE INVESTIG ATION WING: - AMOUNT DATE NAME OF ENTRY PROVIDER NAME OF BANK BRANCH OF BANK 300000 04.03.2005 CHOTTI LEASING & FINANCE P.LTD. CORPN. BANK CP 400000 23.02.2005 MODERATE CREDIT CORP. LTD. ABN AMRO BANK CP 300000 04.03.2005 MODERATE CREDIT CORP. LTD. ABN A M RO BANK CP 3. H EREIN ALSO A SPECIFIC GROUND FOR AN OPPORTUNITY OF CROSS - EXAMINING WAS RAISED AS GROUND NO.4 BEFORE THE CIT(A) AND IN THE FACTS OF THE PRESENT CASE ALSO THE CIT(A) HAS ADDRESSED THE ISSUE ON MERIT WITHOUT ADDRESSING THE ISSUES RAISED IN THE AFORESAID GROUND NO. - 4 BEFORE HIM WHICH HAS LED TO THE RAISING OF GROUND NOS. - 7 & 8 BEFORE THE ITAT. ACCORDINGLY FOR IDENTICAL REASONING HEREIN ALSO THE IMPUGNED ORDER IS SET ASIDE AND THE ISSUE IS RESTORED BACK TO THE LD. CIT(A) WITH THE DIRECTION TO PASS A SPEAKING ORDER IN ACCORDANCE WITH LAW AFTER GIVING THE ASSESSEE A REASONABLE OPPORTUNITY OF BEING HEARD. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 2 3 R D OF SEPTEMBER, 2015. S D / - (DIVA SINGH) JUDICIAL MEMBER DATED: 2 3 /09 /2015 * AMIT KUMAR * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI