ITO, Ward- 19(3), New Delhi V. Paramex Electronics Pvt. Ltd., New Delhi

ITA 6150/DEL/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8549 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2013-2014
• Appeal Filed On: 03-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BHARAT B GARG
• Keywords: Additional evidence; FORM 26AS
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.6150/DEL/2017 ASSESSMENT YEAR: 2013-14 ITO WARD 19(3) NEW DELHI VS PARAMEX ELECTRONICS PVT. LTD. F-217, SAINIK FARMS, NEW DELHI -110062 PAN NO. AAACP0044Q (APPELLANT) (RESPONDENT) APPELLANT BY SH. BHARAT B. GARG, SR. DR RESPONDENT BY SH. SANTOSH PATHAK, CA DATE OF HEARING: 12/08/2021 DATE OF PRONOUNCEMENT: 12/08/2021 ORDER PER N. K. BILLAIYA, AM: THIS APPEAL FILED BY THE REVENUE IS PREFERRED AGAI NST THE ORDER OF THE CIT(A)-38, DELHI DATED 28.07.2017 FOR A.Y. 2013-14. 2. THE GRIEVANCE OF THE REVENUE READ AS UNDER :- 1. WHETHER ON THE FACTS & IN CIRCUMSTANCES CIT(A) H AS ERRED IN ADMITTING ADDITIONAL EVIDENCE OPPORTUNITY TO THE AO TO EXAMINE THE AUTHENTICITY OF DOCUMENTS FILED DURING THE APPELLAT E PROCEEDINGS. 2 2. WHETHER ON THE FACTS & IN CIRCUMSTANCES OF THE C ASE, THE CIT (A) HAS ERRED IN HOLDING THAT INCOME/RECEIPTS REFLECTED IN THE 26AS DO NOT PERTAIN TO ASSESSEES BONA FIDE BUSINESS. 3. WHETHER ON THE FACTS & IN CIRCUMSTANCES OF THE C ASE, THE CIT (A) HAS ERRED IN ARRIVING AT CONCLUSION THAT ADDITION O F RS 2,59,87,142/- DESERVES TO BE DELETED EVEN WHEN IT IS REFLECTED IN THE 26AS OF ASSESSEE. 4. WHETHER THE CIT(A) HAS ERRED IN IGNORING THE FAC T THAT THE LETTER PURPORTED TO BE COMPLAINT FILED BY ASSESSEE AGAINST SH. HEMANT AGGARWAL IS MUCH AFTER THE ASSESSMENT YEAR AND DOES NOT PROVE THE CONTENTION THAT ASSESSEES BUSINESS WAS FRAUDULENTL Y BEING RUN BY SH. HEMANT AGGARWAL. 5. WHETHER ON THE FACTS & IN CIRCUMSTANCES OF THE C ASE THE CIT(A) HAS ERRED IN IGNORING THE LEGAL REQUIREMENT THAT IN COME/RECEIPT IN 26AS OF A COMPANY CAN ONLY BE TAXED IN THE HANDS OF ASSESSEE COMPANY. 6. WHETHER ON THE FACTS & IN CIRCUMSTANCES OF THE C ASE, THE CIT (A) HAS ERRED IN HOLDING THAT THE ONUS SHIFTED TO THE A SSESSING OFFICER TO ESTABLISH THE TRUTH BEHIND THE TRANSACTIONS REFLECT ED IN FORM 26AS IGNORING THE FACT THAT THE ASSESSEE FAILED TO DISCH ARGE ITS INITIAL ONUS OF PROVING THE SAME DURING THE ASSESSMENT PROCEEDIN G AND DUE TO WHICH THE ASSESSMENT WAS COMPLETED EX-PARTE U/S 144 OF IT ACT AND NOT U/S.143(3) OF IT ACT AS MISUNDERSTOOD BY THE LD . CIT(A). 7. THE APPELLANT CRAVES TO BE ALLOWED TO ADD ANY FR ESH GROUND(S) OF APPEAL AND /OR DELETE OR AMEND OF THE GROUND (S) OF APPEAL. 3 3. AT THE VERY OUTSET THE COUNSEL FOR THE ASSESSEE STATED THAT THE ASSESSEE HAS SETTLED THE QUARREL UNDER THE VIVA D SE VISHWAS SCHEME, 2020, THEREFORE, REVENUE SHOULD NOT HAVE AN Y GRIEVANCE NOW. 4. CONSIDERING THE STATEMENT OF THE COUNSEL AT BAR WE DISMISS THIS APPEAL BY THE REVENUE. 5. HOWEVER, IF THE ASSESSING OFFICER FINDS THAT QUA RREL HAS NOT BEEN SETTLED UNDER THE VIVAD SE VISHWAS SCHEME, 202 0 THEN HE MAY APPROACH THE TRIBUNAL AS PER THE PROVISIONS OF THE LAW. 6. WITH THE ABOVE DIRECTIONS THE APPEAL IS DISMISSE D. 7. DECISION ANNOUNCED IN THE OPEN COURT IN THE PRES ENCE OF BOTH THE REPRESENTATIVES ON 12.08.2021. SD/- SD/- (MADHUMITA ROY) (N. K. BIL LAIYA) JUDICIAL MEMBER A CCOUNTANT MEMBER *NEHA* DATE:-12.08.2021 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGI STRAR ITAT NEW DELHI 4 DATE OF DICTATION 1 2 .08.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 1 2 .08.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 1 2 .08.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 1 2 .08.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 1 2 .08.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 1 2 .08.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 1 2 .08.2021 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER