Gulshan Ahulwalia, New Delhi V. ADIT, New Delhi

ITA 6131/DEL/2012

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7360 (ITAT-DELHI)
• Duration Of Justice: 7 year(s) 1 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 08-05-2017
• Assessment Year: 2001-2002
• Appeal Filed On: 10-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 148

Judgement Text

1 , , IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G, NEW DELHI ! ! ! ! . , ) ) ) ) ! ! ! ! BEFORE MS. SUSHMA CHOWLA, VICE PRESIDENT & DR. B.R.R. KUMAR, ACCOUNTANT MEMBER * ** * / ITA NO.6131/DEL/2012 + + + + + + + + / ASSESSMENT YEAR 2001-02 GULSHAN AHLUWALIA, 305, DAKHA CHAMBER, 206/38 NAI WALA, KAROL BAGH, NEW DELHI PAN-AOZPA9360G .......... ,- /APPELLANT VS ADIT, CENTRAL CIRCLE 1(1), NEW DELHI . ./,- / RESPONDENT ,-01 / APPELLANT BY : SH. MANOJ KUMAR, CA ./,-01 / RESPONDENT BY : SH. H.K.CHOUDHARY, CIT DR 023 / DATE OF HEARING : 28.01.2020 45 023( / DATE OF PRONOUNCEMENT: 30.01.2020 / ORDER PER SUSHMA CHOWLA, VP THE PRESENT APPEAL FILED BY ASSESSEE IS AGAINST ORD ER OF CIT(A), NEW DELHI DATED 03.09.2012 RELATING TO ASSESSMENT YEAR 2001-02. 2. THE FIRST ISSUE RAISED BY THE ASSESSEE IS THE JU RISDICTIONAL ISSUE OF MAKING THE ASSESSMENT IN THE HANDS OF THE ASSESSEE IN ASSESSMENT YEAR 2001-02 IN RESPECT OF A TRANSACTION UNDERTAKEN IN A SSESSMENT YEAR 2002- 03. ITA NO.6131/DEL/2012 2 3. THE ASSESSEE HAS RAISED VARIOUS ISSUE IN RELATIO N TO INVOKING OF JURISDICTION UNDER SECTION 148 OF THE ACT. THE LEAR NED AR FOR THE ASSESSEE HAS ARGUED AT LENGTH ALLEGING THAT THE RE-ASSESSMEN T PROCEEDINGS INITIATED IN THE CASE WERE NOT WARRANTED, HOWEVER AT THE END HE POINTS OUT THAT THE TRANSACTION OF SALE OF THE PROPERTY TOOK PLACE IN A SSESSMENT YEAR 2002-03 AND THE ADDITION WHICH HAS BEEN MADE IN THE HANDS O F THE ASSESSEE WAS ON ACCOUNT OF UNEXPLAINED CASH CONSIDERATION RECEIP T IN LIEU OF THE SAID SALE TRANSACTION. HE POINTED OUT THAT THERE WAS NO MERIT IN MAKING THE AFORESAID ADDITION IN THE HANDS OF THE ASSESSEE IN ASSESSMENT YEAR 2001- 02. 4. THE LEARNED DR FOR THE REVENUE PLACED RELIANCE O N THE ORDERS OF THE AUTHORITIES BELOW. 5. WE HAVE HEARD THE RIVAL CONTENTION AND PERUSED T HE RECORD. THE ISSUE WHICH WE ARE ADJUDICATING IN THE PRESENT APPE AL IS IN RELATION TO THE ALLEGED CASH CONSIDERATION RECEIPT ON SALE OF PROPE RTY. THE ASSESSEE WHILE ARGUING THE APPEAL IN ITA NO. 2432/DEL/2012 RELATIN G TO ASSESSMENT YEAR 2004-05 IN THE CASE OF SHRI. S.P.S. AHLUWALIA HAD P LACED ON RECORD THE COPIES OF THE SALE DEED OF HOUSE NO. 1/1 SHANTI NIK ETAN, NEW DELHI AT PAGES 23 TO 89 OF THE PAPER BOOK. DIFFERENT SALE DE EDS FOR DIFFERENT PORTIONS OF THE SAID PROPERTY WERE DATED 16 TH JUNE, 2001 I.E. THE TRANSACTION RELATING TO ASSESSMENT YEAR 2002-03. DURING THE COU RSE OF SEARCH, ONE DOCUMENT WAS SEIZED ON WHICH THERE WERE CERTAIN ENT RIES OF CASH COMPONENTS IN RELATION TO SALE OF THE HOUSE NO. 1/1 SHANTI NIKETAN, NEW DELHI. SINCE THE SALE TRANSACTION HAD TAKEN PLACE I N ASSESSMENT YEAR 2002-03 AND AS NO DATE OF TRANSACTION WAS MENTIONED ON THE SEIZED ITA NO.6131/DEL/2012 3 DOCUMENT, WE FIND NO MERIT IN MAKING ANY ADDITION I N THE HANDS OF THE ASSESSEE BEFORE US IN ASSESSMENT YEAR 2001-02. ACCO RDINGLY, WE DELETE THE AFORESAID ADDITION OF RS. 44,14,537/- MADE ON ACCOU NT OF THE ALLEGED CASH CONSIDERATION RECEIPT ON SALE OF PROPERTY NO. 1/1 S HANTI NIKETAN, NEW DELHI, TO THE EXTENT OF ASSESSEES SHARE IN THE PRO PERTY. THE GROUNDS OF APPEAL RAISED BY ASSESSEE ARE THUS ALLOWED. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH JANUARY 2020. SD/- SD/- (B.R.R.KUMAR) (SUSH MA CHOWLA) '() '() '() '() /ACCOUNTANT MEMBER ! ! ! ! / VICE PRESIDENT / # DATED : 30 TH JANUARY, 2020 * AMIT KUMAR * '60.278'729 COPY OF THE ORDER IS FORWARDED TO : 1. ,- / THE APPELLANT 2. ./,- / THE RESPONDENT 3. : ; < / THE CIT(A) 4. = : / THE PR. CIT 5. 6. 7>?.2 / DR, ITAT, DELHI ?$+@9 GUARD FILE. '6 '6 '6 '6 / BY ORDER , /72.2 // TRUE COPY // B)C , ASSISTANT REGISTRAR, ITAT, DELHI