Tushar Khanna, New Delhi V. ITO, Ward-50(3), New Delhi

ITA 6461/DEL/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3285 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 25-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JIWANI
• Assessee Lawyers: ASHISH GOEL MS DEVINA SHARMA
• Keywords: Opportunity of being heard; Non compliance

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI SMC BENCH, NEW DELHI BEFORE SHRI B.P. JAIN, ACCOUNTANT MEMBER ITA NO. 6 46 1 /DEL/201 7 [A.Y. 20 0 8 - 0 9 ] SHRI TUSHAR KHANNA VS. THE I . T .O H 352, NEW RAJINDER NAGAR WARD 50 ( 3 ) N EW DELHI NEW DELHI PAN : A RVPK 2015 M [ ASSESSEE ] [RESPONDENT] DATE OF HEARING : 2 0 . 0 2 .201 8 DATE OF PRONOUNCEMENT : 06 .0 3 .201 8 ASSESSEE BY : SHRI ASHISH GOEL , MS. DEVINA SHARMA, CA REVENUE BY : SHRI JIWANI , SR. DR ORDER THIS APPEAL OF THE ASSESSEE ARISES FROM THE ORDER OF THE LD. CIT(A) - 1 7 , N EW DELHI VIDE ORDER DATED 24 . 0 8 .201 7 FOR A.Y. 20 0 8 - 0 9 . 2 . THE ASSESSEE HAS RAISED THE AS MANY AS 6 GROUNDS OF APPEAL PERTAINING TO THE CONFIRMATION OF PENALTY U/S 271(1)(B) OF THE INCOME - TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT' FOR SHORT] AMOUNTING TO RS.70,000/ - . 2 ITA NO. 6 46 1 /DEL/201 7 3. BRIEF FACTS OF THE CARE ARE THAT T HE ASSESSMENT IN THE PRESENT CASE HAS BEEN MADE U/S 147/144 OF THE ACT. DUE TO NON COMPLIANCE, THE AO MADE THE EX - PARTIE ORDER TREATING THE DEPOSITS IN THE BANK AS UNDISCLOSED INCOME OF THE ASSESSEE. THE LD. CIT(A) ALSO ISSUED NOTICE WHO S ENT THE VARIOUS NOTICES WHICH WERE NOT ATTENDED AND ACCORDINGLY THE CASE WAS DECIDED EX - PARTIE SIMPLY CONFIRMING THE LEVY OF PENALTY BY THE AO. 4. I HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE FACTS OF THE CASE. IT WAS ARGUED BY THE LD. COUNSEL FOR THE ASSESSEE THAT NO NOTICE HAS BEEN RECEIVED SENT BY ANY OF THE AUTHORITIES BELOW. THE ARGUMENT MADE IS OUT RIGHTLY UNBELIEVABLE. NO COGENT EVIDENCE OR EXPLANATION HAS BEEN PLACED ON RECORD TO SUBSTANTIATE THE ARGUMENT. HOWEVER , IN THE INTEREST OF JUS TICE, UNLESS EXPLANATION IS BROUGHT ON RECORD, THE WHOLE OF THE DEPOSITS CANNOT BE TREATED AS INCOME OF THE ASSESSEE. THEREFORE , ONE MORE OPPORTUNITY TO THE ASSESSEE SHOULD BE ACCORDED AND MATTER IS SET ASIDE TO THE FILE OF THE AO WHO WILL DECIDE THE ISSU E DE - NOVO AFTER AFFORDING ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. THUS , ALL THE GROUNDS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 3 ITA NO. 6 46 1 /DEL/201 7 5. IN THE RESULT APPEAL OF THE ASSESSEE IN ITA NO. 6 461/D/17 IS ALLOWED FOR STATISTICAL PURPOSES . TH E ORDER IS PRO NOUNCED IN THE OPEN COURT ON 06 . 0 3 .201 8 . SD/ - [B.P. JAIN] ACCOUNTANT MEMBER DATED: 06 TH MARCH, 2018 VL/ COPY FORWARDED TO: 1 . ASSESSEE 2 . RESP ONDENT 3 . CIT ASSISTANT REGISTRAR 4 . CIT(A) ITAT, NEW DELHI 5 . DR