UV Associates Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 6336/DEL/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 3331 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-05-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 02-05-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 13-12-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Reopening of assessment; Tangible material; Accommodation entries; Bogus loan; Reason to believe
• Section: 147; 148

Judgement Text

PAGE 1 OF 10 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH - SMC NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA NOS.6336, 6337/ DEL/2016 ASSESSMENT YEARS : 2008-09,2010-11 M/A. UV ASSOCIATES PVT. LTD. 306, LUSA TOWER, AZADPUR COMMERCIAL COMPLEX, AZADPUR NEW DELHI 100 033 PAN AAACU8916E VS. ITO WARD-27(2) NEW DELHI. (APPELLANT) (RESPONDENT) PER BHAVNESH SAINI, JUDICIAL MEMBER ORDER BOTH THE APPEALS BY ASSESSEE ARE DIRECTED AGAINST D IFFERENT ORDERS OF LD. CIT IX NEW DELHI DATED 13 TH SEPTEMBER, 2016 FOR ASSESSMENT YEAR 2008-09 AND 2010-11. 2. LD. REPRESENTATIVE OF BOTH THE PARTIES MAINLY AR GUED IN ASSESSMENT YEAR 2008-09 AND SUBMITTED THAT THE ISSU E IS SAME IN SUBSEQUENT ASSESSMENT YEAR 2010-11, ORDER IN THE CA SE OF ASSESSMENT YEAR 2008-09 MAY BE FOLLOWED IN ASSESSMENT YEAR 201 0-11. ASSESSEE BY : SHRI A.N. PRASAD SHRI M.K. SRIVASTAVA, ADVOCATE DEPARTMENT BY: MS.BEDOBANI, SR. DR DATE OF HEARING 02/05/2017 DATE OF PRONOUNCEMENT 09 /05/2017 ITA NOS. 6336, 6337/DEL/2016 UV ASSOCIATES PVT. LTD. VS. ITO PAGE 2 OF 10 3. FOR THE PURPOSE OF DISPOSAL OF BOTH THE PARTIES, I DECIDE THE APPEAL FOR ASSESSMENT YEAR 2008-09 AS UNDER :- ASSESSMENT YEAR 2008-09 4. BRIEFLY THE FACTS OF THE CASE ARE THAT THE ASSES SING OFFICER REOPENED THE ASSESSMENT AND ISSUED NOTICE U/S 148 WHICH WAS SERVED UPON ASSESSEE. IN RESPONSE TO NOTICE ISSUED, THE AS SESSEE FILED RETURN OF INCOME DECLARING AN INCOME OF RS. NIL. THE ASSESSIN G OFFICER ISSUED QUESTIONNAIRE TO THE ASSESSEE AND THE ASSESSEE RESP ONDED TO THE SAME. 5. IN THIS CASE INQUIRIES OF INVESTIGATION WING NEW DELHI OF THE DEPARTMENT HAVE UNEARTHED HUGE ACCOMMODATION ENTRY RACKET BEING OPERATED BY ACCOMMODATION ENTRY PROVIDER SHRI ASEE M KUMAR GUPTA. THE INVESTIGATION WING CONDUCTED SEARCH AND SURVEY OPERATIONS AT THE OFFICE OF SHRI ASEEM KUMAR GUPTA WHEN CONFRONTED WI TH THE EVIDENCES GATHERED, SHRI ASEEM KUMAR GUPTA ADMITTED TO HAVE P ROVIDED ACCOMMODATION ENTRIES TO SEVERAL BENEFICIARIES. THE INVESTIGATION WING HAS COMPLIED A REPORT AND DATE OF THE BENEFICIARIES OF SUCH ENTRIES ALONG WITH THE MODUS OPERANDI OF SHRI ASEEM KUMAR GUPTA. THE ASSESSING OFFICER HAS GONE THROUGH THE REPORT AND DATA SENT B Y INVESTIGATION WING WHICH CLEARLY INDICATED THAT ACCOMMODATION ENTRIES HAVE BEEN PROVIDED AND HIS VARIOUS COMPANIES ARE USED FOR THIS PURPOSE . THE LIST CONTAINED THE NAME OF THE ASSESSEE COMPANY WHICH HAS TAKEN AC COMMODATION ENTRIES OF RS. 5 LACS EACH ON 12 TH FEBRUARY, 2008 AND 22 ND FEBRUARY, 2008 THROUGH BANKING CHANNEL FROM M/S. GANPATI FINC AP SERVICES PVT. LTD. AND S.G. PORTFOLIO PVT. LTD. THE ASSESSING OFF ICER THEREFORE NOTED ITA NOS. 6336, 6337/DEL/2016 UV ASSOCIATES PVT. LTD. VS. ITO PAGE 3 OF 10 THAT THE ASSESSEE HAS PLOUGHED BACK UNACCOUNTED MON EY OF RS. 10 LACS IN ITS BUSINESS THROUGH THE CHANNEL OF ACCOMMODATIO N ENTRIES. THE ASSESSING OFFICER ACCORDINGLY MADE ADDITION OF RS. 10 LACS. 6. THE ASSESSEE CHALLENGED THE REOPENING OF THE AS SESSMENT AS WELL AS ADDITION ON MERIT BEFORE LD. CIT(A). IT WAS SUBMITTED BY ASSESSEE THAT RECORDED REASONS MUST HAVE LIVE LINK WITH FORMATION OF BELIEF. IN THE CASE OF ASSESSEE THERE EXIST NO LINK BETWEEN REASONS RECORDED BY THE ASSESSING OFFICER AND WE BELIEF THA T INCOME HAS ESCAPED ASSESSMENT. THEREFORE WITH THE NON EXISTENCE OF BEL IEF FOR ESCAPED ASSESSMENT, ASSESSING OFFICERS ACTION STANDS INVAL ID. THE ASSESSING OFFICER HAS REOPENED ASSESSMENT U/S 147 OF THE ACT BY MAKING AN ALLEGATION THAT ASSESSEE HAS TAKEN ACCOMMODATION EN TRIES IN THE FORM OF UNSECURED LOANS. THE ALLEGATION WAS MADE ON THE BAS IS OF REPORT OF INVESTIGATION WING, NEW DELHI. THE REASONS RECORDED DO NOT SHOW ANY APPLICATION OF MIND NOR THE SAME SHOW ANY BELIEF IN DEPENDENTLY ARRIVED AT BY THE ASSESSING OFFICER. THE ASSESSEE RELIED UP ON SEVERAL DECISIONS IN SUPPORT OF ITS CONTENTION. LD. CIT(A) HOWEVER NOTE D THAT THERE IS TANGIBLE MATERIAL TO REOPEN THE ASSESSMENT AND FOU ND THAT INVESTIGATION WING HAS CLEARLY PROVIDED THAT SHRI ASEEM KUMAR GU PTA ADMITTED TO HAVE PROVIDED ACCOMMODATION ENTRIES TO THE ASSESSEE AND DETAILS ARE BROUGHT ON RECORD TO PROVE ASSESSEE HAS TAKEN ACCOM MODATION ENTRY FOR ADJUSTING UNACCOUNTED MONEY. THE ASSESSING OFFICER HAS REASON TO BELIEVE INCOME CHARGEABLE TO TAX HAS ESCAPED ASSESS MENT. THEREFORE REOPENING WAS HELD TO BE JUSTIFIED BECAUSE IT DISCL OSES PRIMA FACIE CASE ITA NOS. 6336, 6337/DEL/2016 UV ASSOCIATES PVT. LTD. VS. ITO PAGE 4 OF 10 FOR REOPENING OF THE ASSESSMENT. LD. CIT(A) RELIED UPON DECISION OF THE SUPREME COURT IN THE CASE OF M/S. RAYMOND WOOLEN MI LLS VS ITO 236 ITR 34 (SUPREME COURT), DECISIONS OF DELHI HIGH COU RT IN THE CASES OF RAJAT EXPORT IMPORT INDIA PVT. LTD. VS. ITO 18 TAX MAN.COM 311 AND IN THE CASE OF AGR INVESTMENT VS. ACIT 333 ITR 146. LD . CIT THEREFORE CONFIRMED THE REOPENING OF THE ASSESSMENT AND DISMI SSED THIS GROUND OF APPEAL OF ASSESSEE. 7. LD. CIT(A) ON MERIT ALSO CONSIDERED THE SUBMISS IONS OF ASSESSEE THAT THERE IS NO APPLICATION OF MIND TO THE REPORT OF INVESTIGATION WING AND CROSS EXAMINATION TO THE STATEMENT OF SHRI ASEE M KUMAR GUPTA. LD. CIT(A) HOWEVER NOTED THAT ASSESSEE NEVER ASKED FOR CROSS EXAMINATION BEFORE ASSESSING OFFICER. THEREFORE THIS GROUND WAS DISMISSED. LD. CIT(A) ON MERIT ALSO CONSIDERED THAT ASSESSEE FILED COPY OF INCOME TAX RETURN, BANK STATEMENT AND CONFIRMATION OF LENDER COMPANY BUT IN VIEW OF THE INCRIMINATING MATERIAL FOUND AND SEIZED DURI NG THE COURSE OF SEARCH OPERATION IN THE CASE OF SHRI ASEEM KUMAR GU PTA CONFIRMED THE ADDITION ON MERIT AND DISMISS THIS GROUND OF APPEAL OF ASSESSEE. LD. CIT(A) FOLLOWED SEVERAL DECISIONS OF THE HIGH COURT IN SUPPORT OF HIS FINDINGS. 8. LD. COUNSEL FOR ASSESSEE SUBMITTED THAT ASSESSIN G OFFICER HAS NOT APPLIED HIS MIND TO THE INFORMATION RECEIVED FROM I NVESTIGATION WING AND HAS NOT PERUSED THE RECORD. ON THE OTHER HAND LD. D R SUBMITTED THAT RETURN WAS ORIGINALLY PROCESSED U/S 143(1) ONLY AND ASSESSING OFFICER HAS SEEN ALL THE RECORDS BEFORE RECORDING THE REASO NS FOR REOPENING OF ITA NOS. 6336, 6337/DEL/2016 UV ASSOCIATES PVT. LTD. VS. ITO PAGE 5 OF 10 ASSESSMENT. THERE IS A LIVE NEXUS BETWEEN REASONS A ND BELIEF FORMED BY THE ASSESSING OFFICER. THEREFORE PRIME FACIE CAS E IS MADE OUT FOR REOPENING OF THE ASSESSMENT. LD. DR SUBMITTED THAT AT THIS STAGE OF REOPENING OF ASSESSMENT THE SUFFICIENCY OR CORRECTN ESS OF THE MATERIAL IS NOT A THING TO BE CONSIDERED. 9. I HAVE CONSIDERED RIVAL SUBMISSIONS. THE ASSESSE E HAS FILED COPY OF THE REASONS FOR REOPENING OF ASSESSMENT AT PAGE 10 OF THE PAPER BOOK WHICH READS AS UNDER :- M/S. UV ASSOCIATES (P.) LTD. A.Y. 2008-09 REASONS FOR THE BELIEF THAT INCOME HAS ESCAPED M/S UV ASSOCIATES (P) LTD. IS ASSESSED TO TAX WITH WARD 18(2), NEW DELHI. ENQUIRIES OF INVESTIGATION WING, NEW DEL HI OF THE DEPARTMENT HAVE UNEARTHED HUGE ACCOMMODATION ENTRY RACKET BEING OPERATED BY ACCOMMODATION ENTRY OPERATOR SH. ASEEM KUMAR GUPTA. THE INVESTIGATION WING CONDUCTED SEARC H & SURVEY OPERATIONS AT OFFICE PREMISES OF ASEEM KUMAR GUPTA. WHEN CONFRONTED WITH THE EVIDENCES GATHERED SH. ASEEM KU MAR GUPTA ADMITTED TO HAVE PROVIDED ACCOMMODATION ENTRIES TO SEVERAL BENEFICIARIES. THE INVESTIGATION WING HAS COMPILED A REPORT & DATE OF THE BENEFICIARIES OF SUCH ENTRIES ALONG WITH THE MODUS OPERANDI OF SH. ASEEM KUMAR GUPTA. I HAVE GONE THROUGH THE REPORT AND DATA SENT BY INV ESTIGATION WING. THE REPORT CLEARLY INDICATES THAT ACCOMMODATI ON ENTRIES HAVE BEEN PROVIDED AND HIS VARIOUS COMPANIES ARE US ED FOR THIS PURPOSE. THE INVESTIGATION WINGS LIST OF BENEFICIARIES (OF SUCH ACCOMMODATION ENTRIES), GIVES COMPREHENSIVE DETAILS OF BENEFICIARYS NAME AND EVEN THE PERSON FROM WHICH S UCH ENTRY IS RECEIVED. THIS LIST CONTAINS THE NAME OF M/S. UV ASSOCIATES ( P) LTD. WHICH HAS TAKEN SUCH ACCOMMODATION ENTRIES AS BELOW : ITA NOS. 6336, 6337/DEL/2016 UV ASSOCIATES PVT. LTD. VS. ITO PAGE 6 OF 10 THUS, THE ASSESSEE HAS PLOUGHED BACK TOTAL UNACCOUN TED MONEY OF RS. 10,00,000/- IN ITS BUSINESS THROUGH THE CHANNEL OF ACCOMMODATION ENTRY. THEREFORE, IT IS FAILURE ON THE PART OF THE ASSESSE E TO DISCLOSE FULLY AND TRULY ALL MATERIAL FACTS NECESSARY FOR ITS ASSESSME NT, FOR THE ASSESSMENT YEAR 2008-09 AND HAS NOT PAID TAX ON SUCH AMOUNT. T HE UNACCOUNTED MONEYS WHICH SHOULD HAVE BEEN CHARGED TO TAX ARE BE ING PLOUGHED BACK TO BUSINESS WITHOUT PAYING DUE TAX ON IT. IN VIEW O F THE ABOVE FACTS, I HAVE REASONS TO BELIEVE THAT INCOME TO THE TUNE OF RS. 1000000/- OF THE ASSESSEE. COMPANY FOR THE A.Y. 2008-09 HAS ESCAPED ASSESSMENT . THEREFORE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 151(1) OF I.T. ACT, SANCTION FOR ISSUE OF NOTICE U/S 148 OF THE ACT IS BEING SOUGHT. SD/- DATE 26.7.2013 INCOME TAX OFFICER WARD 18(2) NEW DELHI 10. THE REASONS RECORDED BY ASSESSING OFFICER ARE B ASED ON THE INFORMATION RECEIVED FROM INVESTIGATION WING THAT S HRI ASEEM KUMAR GUPTA PROVIDED ACCOMMODATION ENTRIES TO THE ASSESSE E THROUGH THE COMPANY FLOATED BY HIM. THERE IS NO DENIAL BY THE A SSESSEE DURING THE COURSE OF ASSESSMENT THAT THE AMOUNT IN QUESTION HA S BEEN RECEIVED BY THE ASSESSEE THROUGH TWO COMPANIES WHICH HAVE BEEN FLOATED BY SHRI ASEEM KUMAR GUPTA. THUS A SPECIFIC INFORMATION WAS AVAILABLE TO THE ASSESSING OFFICER ON RECORD TO PRIME FACIE BELIEF T HAT THERE IS AN ESCAPEMENT OF INCOME IN THE CASE OF ASSESSEE. THE I NFORMATION SO S.NO. NAME OF BENEFICIARY PAN NO. OF BENEFICIARY AMOUNT (RS.) CHEQUE/DD DATE BEANK DETAIL NAME OF THE COMPANY USED FOR PROVIDING ACCOMMODATION ENTRY 1. UV ASSOCIATES P LTD. AAACU89168 500000/- 324762 12.02.2008 CORP BANK CP NEW DELHI GANPATI FINCAP SERVICES P LTD. 2. UV ASSOCIATES P. LTD. AAACU8916E 500000/- 42461 22.02.2008 CORP BANK CP NEW DELHI SG PORTFOLIO PVT. LTD. ITA NOS. 6336, 6337/DEL/2016 UV ASSOCIATES PVT. LTD. VS. ITO PAGE 7 OF 10 PROVIDED ALSO DISCOVERED THE BOGUS LOANS TAKEN BY A SSESSEE. IT IS WELL SETTLED LAW THAT VALIDITY OF REASSESSMENT PROCEEDIN GS TO BE DETERMINED WITH REFERENCE TO THE REASONS RECORDED BY ASSESSING OFFICER. IN THIS CASE EARLIER RETURN WAS ONLY PROCESSED U/S 143(1) AS CON TENDED BY THE LD. DR. THE ASSESSING OFFICER IN THE REASONS HAS SPECIF ICALLY MENTIONED THAT HE HAS GONE THROUGH THE REPORT AND DATA SENT BY INV ESTIGATION WING WHICH INDICATED THAT ACCOMMODATION ENTRY HAS BEEN R ECEIVED BY ASSESSEE. THEREFORE ASSESSING OFFICER HAS APPLIED H IS MIND INDEPENDENTLY TO THE INFORMATION PROVIDED BY THE IN VESTIGATION WING. ASSESSING OFFICER AFTER GOING THROUGH INFORMATION A ND MATERIAL ON RECORD FORMED HIS BELIEF THAT INCOME CHARGEABLE TO TAX HAS ESCAPED ASSESSMENT. THUS THERE WAS A SPECIFIC TANGIBLE MATE RIAL AND INFORMATION WAS AVAILABLE ON RECORD OF ASSESSMENT THAT INCOME C HARGEABLE TO TAX HAS ESCAPED ASSESSMENT. THEREFORE THERE WAS A PRIMA FAC IE CASE MADE OUT FOR REOPENING OF THE ASSESSMENT. THE SUFFICIENCY O R CORRECTNESS OF THE MATERIAL IS NOT A THING TO BE CONSIDERED AT THE STA GE OF REOPENING OF THE ASSESSMENT. THE DECISIONS RELIED UPON BY LD. CIT(A) SUPPORT HIS FINDINGS. I THEREFORE DO NOT FIND ANY INFIRMITY IN THE ORDERS OF THE AUTHORITIES BELOW IN REOPENING THE ASSESSMENT IN TH E MATTER. THIS GROUND OF APPEAL OF ASSESSEE IS ACCORDINGLY DISMISS ED. 11. LD. COUNSEL FOR ASSESSEE ON MERIT SUBMITTED THA T THE REPORT OF INVESTIGATION WING AND STATEMENT OF SHRI ASEEM KUMA R GUPTA WAS NOT PROVIDED TO THE ASSESSEE. HE HAS SUBMITTED THAT ASS ESSEE CLAIMED BEFORE LD. CIT(A) THAT NO CROSS EXAMINATION TO THE STATEMENT OF SHRI ITA NOS. 6336, 6337/DEL/2016 UV ASSOCIATES PVT. LTD. VS. ITO PAGE 8 OF 10 ASEEM KUMAR GUPTA HAS BEEN PROVIDED AT REASSESSMENT STAGE. HE HAS SUBMITTED THAT ASSESSEE PRODUCED SUFFICIENT EVIDENC E ON RECORD TO PROVE THAT ASSESSEE RECEIVED GENUINE LOAN IN THE MATTER T HROUGH BANKING CHANNEL. ON THE OTHER HAND LD. DR SUBMITTED THAT AS SESSEE NEVER MADE A REQUEST FOR SUPPLYING THE COPY OF REPORT OF THE I NVESTIGATION WING AS WELL AS TO PROVIDE COPY OF STATEMENT OF SHRI ASEEM KUMAR GUPTA AT ANY STAGE. THEREFORE THERE IS NO QUESTION OF PROVIDING CROSS EXAMINATION TO HIS STATEMENT. LD. DR THEREFORE SUBMITTED THAT ADDI TION ON MERIT HAS BEEN CORRECTLY MADE. 12. AFTER CONSIDERING RIVAL SUBMISSIONS, I AM OF TH E VIEW THAT THE MATTER REQUIRES RECONSIDERATION AT THE LEVEL OF THE ASSESSING OFFICER. THE ASSESSEE CLAIMED THAT SUFFICIENT DOCUMENTARY EVIDEN CES WERE FILED BEFORE ASSESSING OFFICER TO PROVE THAT ASSESSEE COM PANY TOOK GENUINE LOAN FROM BOTH THE ABOVE SAID COMPANIES AND IN SUPP ORT OF THE EXPLANATION ASSESSEE FILED THEIR ITR, BANK STATEMEN T AND CONFIRMATION. HOWEVER, AO HAS NOT DISCUSSED ANYTHING IN THE ASSES SMENT ORDER WITH REGARD TO FILING OF THESE DOCUMENTARY EVIDENCES IN SUPPORT OF EXPLAINING GENUINE LOANS. THE ASSESSING OFFICER HAS NOT MENTIO NED ANYWHERE IF THE REPORT OF INVESTIGATION WING OR COPY OF STATEMENT O F SHRI ASEEM KUMAR GUPTA WAS PROVIDED TO THE ASSESSEE AT REASSESSMENT STAGE. SIMILARLY THERE IS NO MENTION IF THE ASSESSEE ALSO ASKED FOR THE COPIES OF THE SAME OR REQUESTED THE ASSESSING OFFICER TO PRODUCE SHRI ASEEM KUMAR GUPTA FOR CROSS EXAMINATION ON HIS BEHALF. THE ASSESSEE H OWEVER MADE SUCH STATEMENT BEFORE LD. CIT(A) THAT DOCUMENTARY EVIDEN CES WERE FILED AND ITA NOS. 6336, 6337/DEL/2016 UV ASSOCIATES PVT. LTD. VS. ITO PAGE 9 OF 10 ASSESSEE HAS NOT BEEN AFFORDED TO CROSS EXAMINE TH E STATEMENT OF SHRI ASEEM KUMAR GUPTA HON'BLE SUPREME COURT IN THE CASE OF KISHINCHAND CHELLARAM VS. CIT 125 ITR 713 HELD THAT WHEN ANY IN CRIMINATING MATERIAL COLLECTED AT THE BACK OF THE ASSESSEE, THE SAME CAN NOT BE READ IN EVIDENCE AGAINST THE ASSESSEE UNLESS SAME IS CONFRO NTED TO ASSESSEE AND RIGHT TO CROSS EXAMINATION HAVE BEEN PROVIDED T O THE ASSESSEE. IN THE ABSENCE OF ANY DETAILS MENTIONED IN THE ASSESSM ENT ORDER AND THAT NO FINDING TO THAT EFFECT HAVE BEEN GIVEN, THEREFOR E, IN MY VIEW THE MATTER REQUIRES RECONSIDERATION AT THE LEVEL OF THE ASSESSING OFFICER. I ACCORDINGLY SET ASIDE THE ORDERS OF AUTHORITIES BEL OW ON MERIT WITH REGARD TO ADDITION OF RS. 10 LACS AND RESTORE THIS ISSUE TO THE FILE OF ASSESSING OFFICER WITH DIRECTION TO REDECIDE THIS I SSUE AFRESH STRICTLY ON MERITS BY GIVING A REASONABLE SUFFICIENT OPPORTUNIT Y OF BEING HEARD TO THE ASSESSEE. ASSESSING OFFICER IS DIRECTED TO SUPPLY C OPY OF THE REPORT OF THE INVESTIGATION WING AND COPY OF STATEMENT OF SHRI AS EEM KUMAR GUPTA TO THE ASSESSEE. IN CASE ASSESSEE MAY ASK FOR CROSS E XAMINATION TO STATEMENT OF SHRI ASEEM KUMAR GUPTA. ASSESSING OFFI CER WILL TAKE STEPS ACCORDINGLY. THE ASSESSING OFFICER SHALL PASS A REA SONED ORDER DISCUSSING THE MATERIAL ON RECORD AND EVIDENCES FURNISHED BY A SSESSEE ON RECORD IN SUPPORT OF CLAIM OF GENUINE LOANS RECEIVED FROM ABO VE TWO COMPANIES. THIS GROUND OF APPEAL OF ASSESSEE IS ALLOWED FOR ST ATISTICAL PURPOSES. 13. IN THE RESULT THE APPEAL OF ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSE. ASSESSMENT YEAR 2010-11 ITA NOS. 6336, 6337/DEL/2016 UV ASSOCIATES PVT. LTD. VS. ITO PAGE 10 OF 10 14. IN THIS APPEAL ALSO ASSESSEE CHALLENGED THE REO PENING OF ASSESSMENT U/S 147 OF THE I.T. ACT AND ADDITION OF RS. 25 LACS ON ACCOUNT OF ACCOMMODATION ENTRIES. FOLLOWING THE REA SONS FOR DECISION FOR ASSESSMENT YEAR 2008-09 (SUPRA) I CONFIRM THE ORDER S OF AUTHORITIES BELOW IN REOPENING THE ASSESSMENT IN THE MATTER. HO WEVER THE ADDITION ON MERIT IS RESTORED TO THE FILE OF ASSESSING OFFIC ER AS IS DIRECTED IN ASSESSMENT YEAR 2008-09 ABOVE. 15. IN THE RESULT APPEAL OF ASSESSEE IS PARTLY ALLO WED FOR STATISTICAL PURPOSE. 16. BOTH THE APPEALS OF THE ASSESSEE ARE PARTLY ALL OWED FOR STATISTICAL PURPOSE. PRONOUNCED IN THE OPEN COURT. SD/- ( BHAVNESH SAINI ) JUDICIAL MEMBER DATED: 09 /05/2017 *VEENA* COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. PRINCIPAL CIT 4. CIT(A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR