DCIT, Chandigarh V. Smt. Alka Goyal, Chandigarh

ITA 605/CHANDI/2015

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4879 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 year(s) 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 14-08-2019
• Assessment Year: 2010-2011
• Appeal Filed On: 03-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Additional evidence

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, A, CHANDIGARH , !' # $ % &' , '( BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ./ ITA NOS. 603 & 605/CHD/2015 / ASSESSMENT YEARS : 2007-08 & 2010-11 THE DCIT, CENTRAL CIRCLE-1, CHANDIGARH SMT. ALKA GOYAL, H.NO. 64, SECTOR 9-A, CHANDIGARH ./PAN NO. AADFC8986E / APPELLANT /RESPONDENT ! /ASSESSEE BY : SHRI TEJ MOHAN SINGH, ADVOCATE, ' ! / REVENUE BY : SHRI CHANDRAJIT SINGH, CIT DR # $ % /DATE OF HEARING : 14.08.2019 &'() % / DATE OF PRONOUNCEMENT : 14.08 .2019 ')/ ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEALS HAVE BEEN PREFERRED BY THE REVE NUE AGAINST THE SEPARATE ORDERS DATED 27.03.2015 OF THE PRINCI PAL COMMISSIONER OF INCOME TAX (OSD), GURGAON [HEREINAFTER REFERRED TO AS PCIT ]. 2. IN ITA NO.603/CHD/2015 , THE REVENUE HAS TAKEN FOLLOWING GROUNDS OF APPEAL:- 1. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A] AND ERRED IN LAW WHILE GIVING RELIEF ITA NO. 1563-C-2018 CENTRAL TOOL ROOM, LUDHIANA 2 TO THE ASSESSEE TO THE TUNE OF RS. 2,55,963/- IN ABSENCE OF ANY EXPLANATION GIVEN BY THE ASSESSEE DURING THE COURSE OF ASSESSMENT PROCEEDINGS WITH REGARD TO THE DEDUCTION CLAIMED AS INTEREST ON BORROWINGS AGAINST PROPERTY INCOME. 2. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN LAW WHILE GIVING RELIEF TO THE ASSESSEE TO THE TUNE OF RS. 8,50,83,625/- IN ABSENCE OF ANY NARRATION GIVEN BY THE ASSESSEE WITH REGARD TO THE CREDIT ENTRIES FOUND IN THE ASSESSEE' S BANK STATEMENT. 3. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAD ERRED IN LAW WHILE GIVING RELIEF TO THE ASSESSEE TO THE TUNE OF RS. 54,00,000/- IN ABSENCE OF ANY NARRATION GIVEN BY THE ASSESSEE WITH REGARD TO THE DIFFERENCE IN SALARY AS PER BANK STATEMENT AND AS DISCLOSED IN THE RETURN OF INCOME. WHEREAS, IN ITA NO. 605/CHD/2015 , THE GROUNDS TAKEN BY THE REVENUE ARE AS UNDER:- 1. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) AND ERRED IN LAW WHILE GIVING RELIEF TO THE ASSESSEE TO THE TUNE OF RS. 2,69,749/ - IN ABSENCE OF ANY EXPLANATION GIVEN BY THE ASSESSEE DURING THE COURSE OF ASSESSMENT PROCEEDINGS WITH REGARD TO THE DEDUCTION CLAIMED AS INTEREST ON BORROWINGS AGAINST PROPERTY INCOME. 2. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN LAW WHILE GIVING RELI EF TO THE ASSESSEE TO THE TUNE OF RS. 2,22,05,564/- IN ABSENCE OF ANY NARRATION GIVEN BY THE ASSESSEE WITH REGARD TO THE CREDIT ENTRIES FOUND IN THE ASSESSEE' S BANK STATEMENT. ITA NO. 1563-C-2018 CENTRAL TOOL ROOM, LUDHIANA 3 3. APART FROM THE ABOVE GROUNDS IN BOTH THE APPEAL S, THE REVENUE HAS TAKEN A COMMON ADDITIONAL GROUND, WHICH IS TAK EN FROM ITA NO. 603/CHD/2015, IS REPRODUCED AS UNDER:- 'WHETHER ON THE FACTS & CIRCUMSTANCES OF THE CASE THE LD. CIT(A) ERRED IN LAW WHILE GIVING RELIEF WITHOUT GIVING AN OPPORTUNITY TO THE AO FOR EXAMINATION OF ADDITIONAL EVIDENCE PRODUCED BEFORE HIM WHICH WERE NOT PRODUCED BEFORE THE AO DURING THE COURSE OF ASSESSMENT PROCEEDINGS AND WITHOUT INVOKING THE PROVISIONS OF RULE 46A OF THE INCOME TAX RULES.' 4. A PERUSAL OF THE ABOVE GROUNDS AS WELL AS THE AD DITIONAL GROUND OF APPEAL REVEAL THAT THE MAIN GRIEVANCE OF THE REVENU E IS THAT THE LD. PCIT WHILE TAKING NOTE OF CERTAIN DOCUMENTS / ADDIT IONAL EVIDENCES IN THE SHAPE OF BANK STATEMENTS, FORM 16 ETC. HAS GIVE N RELIEF TO THE ASSESSEE. HOWEVER, THE CASE OF THE REVENUE IS THAT THESE DOCUMENTS HAVE NOT BEEN CONFRONTED TO THE ASSESSING OFFICER. 5. ON THE OTHER HAND, THE CASE OF THE ASSESSEE IS T HAT THESE DOCUMENTS WERE DULY FURNISHED BEFORE THE ASSESSING OFFICER DU RING THE ASSESSMENT PROCEEDINGS BUT THE ASSESSING OFFICER DID NOT TAKE NOTE OF THESE DOCUMENTS AND MADE THE IMPUGNED ADDITIONS WRONGLY A ND ILLEGALLY. 5. CONSIDERING THE RIVAL SUBMISSIONS OF BOTH THE PA RTIES, WHAT IS APPARENT FROM THE RECORD IS THAT THE DOCUMENTS WHIC H WERE FURNISHED BY THE ASSESSEE ARE IN THE SHAPE OF BANK STATEMENTS, F ORM 16 ETC. WHICH HAVE NOT BEEN CONSIDERED BY THE ASSESSING OFFICER I N THE ASSESSMENT ITA NO. 1563-C-2018 CENTRAL TOOL ROOM, LUDHIANA 4 PROCEEDINGS. EVEN THE SAME HAVE NOT BEEN CONFRONTE D TO THE ASSESSING OFFICER DURING THE APPELLATE PROCEEDINGS. IN OUR VI EW, SINCE THE NATURE OF SUCH DOCUMENTS LIKE BANK STATEMENTS, FORM 16 ETC . IS THAT THE SAME CANNOT BE MANIPULATED OR FABRICATED BY THE ASSESSEE AND THE SAME CAN BE DULY VERIFIED BY THE ASSESSING OFFICER, HENCE, THE GRIEVANCE OF THE REVENUE CAN BE ADDRESSED BY OFFERING AN OPPORTUNITY TO THE ASSESSING OFFICER TO EXAMINE THE DOCUMENTS FURNISHED BY THE A SSESSEE. BOTH THE LD. REPRESENTATIVES OF THE PARTIES HAVE SUBMITTED T HAT THE MATTERS IN BOTH THE APPEALS BE REMANDED TO THE FILE OF THE ASSESSIN G OFFICER WITH A DIRECTION TO DULY VERIFY / EXAMINE THE DOCUMENTS FU RNISHED / RELIED UPON BY THE ASSESSEE AND DECIDE THE MATTER AFRESH AFTER GIVING DUE AND REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE E ITHER PERSONALLY OR THROUGH HER AUTHORIZED REPRESENTATIVE. NEEDLESS TO SAY THAT THE ASSESSING OFFICER WILL PASS A SPEAKING ORDER AFTER DULY APPRECIATING THE FACTS AND EVIDENCES ON THE RECORD. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 14.08.2019. SD/- SD/- ( # $ % &' / ANNAPURNA GUPTA) '( / ACCOUNTANT MEMBER ( / SANJAY GARG) / JUDICIAL MEMBER DATED : 14.08.2019 .. ITA NO. 1563-C-2018 CENTRAL TOOL ROOM, LUDHIANA 5 '+ ,- .- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. # / / CIT 4. # / ( )/ THE CIT(A) 5. -01 2 , % 2 , 34516 / DR, ITAT, CHANDIGARH 6. 15 7$ / GUARD FILE '+ # / BY ORDER, 8 ' / ASSISTANT REGISTRAR