DHARAMBIR SINGH, BAHADURGARH V. ITO WARD - 1, ROHTAK

ITA 662/DEL/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 0726 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 06-06-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 69A

Judgement Text

1 ITA no. 662/Del/2021 Dharambir Singh Vs. ITo IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “SMC”: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER ITA No. 662/DEL/2021 [Assessment Year: 2017-18 Dharambir Singh, House No. 658, Johari Nagar, Line Paar, Bahadurgarh (Haryana) PAN- DNXPS8762N Vs Income-tax Officer, Ward-1, Rohtak. APPELLANT RESPONDENT Appellant by None Respondent by Sh. Om Parkash, Sr. DR Date of hearing 18.08.2022 Date of pronouncement 31.08.2022 O R D E R PER KUL BHARAT, JM: This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax (Appeals), National Faceless Appeal centre, Delhi, dated 6.4.2021, pertaining to the assessment year 2017-18. The assessee has raised following grounds of appeal: “Ground no. 1 The Learned CIT(A) has grossly erred in confirming the action of the Assessing Officer in completing the assessment ex-parte, with total disregard to the facts and circumstances of the case. 2 ITA no. 662/Del/2021 Dharambir Singh Vs. ITo Ground no. 2 The Learned CIT(A) has further erred in confirming the action of the Assessing Officer in making an additoin of Rs. 1000000/- u/s 69A on account of alleged cash deposits forming part of streedhan and cash in hand, which was duly explained and substantiated. Ground no. 3 The Learned CIT(A) has failed to appeciate the said sum was kept with wife after retirement for security of the family. Ground no. 4 The Learned CIT(A) has further erred in taxing the said u/s 115BBE of the Act, with total disregard to the facts and circumstancs of the case. Ground no. 5 The assessee reserves its right to add, amend, alter or delete any ground of appeal at the time of hearing.” 2. The only effective ground is against addition of Rs. 10,00,000/-. Facts giving rise to the prsent appeal are that the Assessing Officer was in possession of SFT information which stated that the assessee had deposited cash of Rs. 12,00,000/- in his bank account in Syndicate Bank and Oriental Bank of Commerce during the demonetization period i.e. 9.11.2016 to 30.12.2016. The case of the assessee was taken up for scrutiny and the Assessing Officer issued various notices. In response thereof no one attended the proceedings. Therefore, the Assessing Officer proceeded to make the addition of Rs. 10,00,000/- and a sum of Rs. 1,92,140/- being the pension received. Aggrieved against this the assessee preferred appeal before the learned CIT(Appeals), who after considering the submissions dismissed 3 ITA no. 662/Del/2021 Dharambir Singh Vs. ITo the appeal. Aggrieved against this, now the assessee is in appeal before this Tribunal. 3. At the time of hearing no one attended the proceedings. It is seen from the record that the assessee has not been attendig the proceedings despite various opportunities. Notices sent through speed post have been returned back. The appeal, therefore, was taken up for hearing in the absence of the assessee. 4. Learned Sr. DR supported the orders of the authorities below and submitted that the assessee has been thoroughly negligent and did not even appear before the assessing authority. 5. I have heard learned Sr. DR and perused the material available on record. I find that the Assessing Officer has recorded that various opportunities were given but no one attended the proceedings. However, it is seen tha the Assessing Officer has also mentioned about the explanation offered by the assessee about the source of the deposit being the istridhan of his wife. No inquiry was made on this aspect. Therefore, to sub-serve the interest of natural justice and to give the assessee an opportunity of hearing, the impugned order is set aside and the assessment is restored to the file of the Assessing authority for making assessment afresh after giving opportunity to the assessee of being heard. 4 ITA no. 662/Del/2021 Dharambir Singh Vs. ITo 6. Appeal of the assessee is allowed for statistical purposes. The order was pronounced in open court on 18 th Aug. 2022. However, written order is signed and delivered today. Order pronounced in open court on 31 st August, 2022. Sd/- (KUL BHARAT) JUDICIAL MEMBER *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI