Gautam Vedi, Delhi V. ACIT, Faridabad

ITA 6265/DEL/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 81525 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 23-07-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 18-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R S GILL
• Keywords: Opportunity of being heard
• Section: 15

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRI C.M. GARG : JUDICIAL MEMBER ITA NOS. 6265, 6266 & 6267/DEL/2012 ASSTT. YRS: 2008-09, 2010-11 & 2011-12 GAUTAM VEDI VS. ACIT CENTRAL CIRCLE-1, H. NO. 69A, SAINIK FARMS, NEW DELHI. NEW DELHI. C/O KAPIL GOEL ADV. A-1/25 SECTOR 15 ROHINI, DELHI. PAN: AACPV 5093 J AND ITA NOS. 83, 84 & 85/DEL/2013 ASSTT. YRS: 2008-09, 2010-11 & 2011-12 ACIT CENTRAL CIRCLE-1, VS. GAUTAM VEDI NEW DELHI. NEW DELHI. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY : SHRI KAPIL GOEL ADV. REVENUE BY : SHRI R.S. GILL CIT(DR) DATE OF HEARING : 23-07-2014 DATE OF ORDER : 14-08-2014. O R D E R PER BENCH: : THE CAPTIONED CROSS-APPEALS, FILED BY THE ASSESSEE AS WELL AS THE REVENUE, ARISE OUT OF SEPARATE ORDERS OF LD. CIT(A) RELATING TO A.Y. 2008-09, 2009-10 AND 2010-11. ALL THESE APPEALS ARE HEARD TO GETHER AND DISPOSED OF BY A COMMON ORDER FOR THE SAKE OF CONVENIENCE. ITA 6255 TO 6267/D/12 & 83 TO 85/D/13 GAUTAM VEDI 2 2. BRIEF FACTS OF THE CASE ARE THAT SEARCH & SEIZ URE OPERATION WAS CARRIED OUT ON 2-9-2009 IN THE GROUP CASES OF M/S IMPERIAL AUTO INDUSTRIES LTD., FARIDABAD. A SEARCH OPERATION U/S 132(1) WAS ALSO C ARRIED OUT ON 2-9-2009 AT THE RESIDENTIAL PREMISES OF THE ASSESSEE SHRI GAUTA M VEDI, H. NO. 69A, SAINIK FARMS, NEW DELHI. IN COURSE OF SEARCH OPERAT ION, CASH JEWELLERY AND DOCUMENTS/ BOOKS WERE SEIZED AND IMPOUNDED FROM THE RESIDENTIAL PREMISES OF THE ASSESSEE. IN RESPONSE TO NOTICE U/S 153A(1), ASSESSEE FILED RETURNS OF INCOME ON 1-11-2011 DECLARING INCOMES OF RS. 3,15,0 40/- (A.Y. 2008-09); RS. 9,57,740/- (A.Y. 2009-10); AND RS. 14,35,260/- (A.Y. 2010-11). ASSESSMENTS WERE COMPLETED AT TOTAL INCOMES OF RS. 1,83,35,090/- (A.Y. 2008-09); RS. 4,89,78,410/- (A.Y. 2009-10); AND RS . 4,23,82,490/- (A.Y. 2010-11) BY MAKING VARIOUS ADDITIONS. LD. CIT(A) PA RTLY ALLOWED THE ASSESSEES APPEALS. BEING AGGRIEVED WITH THE ORDERS OF LD. CIT(A), BOTH THE ASSESSEE AND THE DEPARTMENT ARE IN APPEAL BEFORE US . 3. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THOU GH THE ASSESSEE HAS GOT PART RELIEF BEFORE CIT(A) BUT IN ALL FAIRNESS T HE MATERS NEED TO GO BACK TO THE ASSESSING OFFICER BECAUSE THE ASSESSEES EXPLAN ATIONS ON VARIOUS ISSUES HAVE NOT DULY BEEN CONSIDERED. HE SUBMITTED THAT ON THE RELIEF ALLOWED BY THE LD. CIT(A) ALSO, THE MATTERS MAY BE RESTORED B ACK TO THE FILE OF ASSESSING OFFICER TO CONSIDER THE ASSESSEES EXPLANATIONS DE NOVO WITH REFERENCE TO ALL THE ANNEXURES PREPARED IN COURSE OF SEARCH PROCEEDI NGS. HE, THEREFORE, SUBMITTED THAT ALL THE APPEALS MAY BE RESTORED BACK TO THE FILE OF ASSESSING OFFICER. 4. LD. CIT(DR) AGREED THAT CONSIDERING THE ENTIRETY OF FACTS AND CIRCUMSTANCES IT WOULD BE IN THE INTEREST OF JUSTIC E THAT THE MATTERS BE RESTORED BACK TO THE FILE OF ASSESSING OFFICER. THE REFORE, AS AGREED BY BOTH THE PARTIES, ORDERS OF AUTHORITIES BELOW FOR ALL THE TH REE ASSESSMENT YEARS IN ITA 6255 TO 6267/D/12 & 83 TO 85/D/13 GAUTAM VEDI 3 QUESTION ARE SET ASIDE AND THE MATTERS ARE RESTORED TO THE FILE OF ASSESSING OFFICER FOR ASSESSMENTS DE NOVO AS PER LAW, AFTER C ONSIDERING ASSESSEES EXPLANATIONS, INCLUDING THE PRAYERS/ RELIEF CLAIME D AS PER REVISED ABRIDGED GROUNDS OF APPEAL DATED 5-11-2013 FILED BEFORE US, BY AFFORDING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. WE ORDE R ACCORDINGLY. 5. IN THE RESULT, ALL THE APPEALS PREFERRED BY THE ASSESSEE AS WELL AS THE REVENUE STAND ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 14-08-2014. SD/- SD/- ( C.M. GARG ) ( S.V. MEHROTRA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 14-08-2014. MP COPY TO : 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR