Dinesh Bansal, Noida V. ITO, Ward- 4(1), New Delhi

ITA 7853/DEL/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8552 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-08-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 29-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Capital Gains

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B, NEW DELHI BEFORE SH. AMIT SHUKLA, JUDICIAL MEMBER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 7853/DEL/2017 : ASSTT. YEAR : 2012-13 DINESH BANSAL, C-46, 1 ST FLOOR, SHOPPING COMPLEX, SECTOR-20, NOIDA VS INCOME TAX OFFICER, WARD-4(1), NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. AFBPB3719H ASSESSEE BY : SH. RAJIV JAIN, CA REVENUE BY : SH. AJAY KUMAR, SR. DR DATE OF HEARING: 03 . 08 .20 21 DATE OF PRONOUNCEMENT: 11 .08 .20 21 ORDER PER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-2, NEW DELHI DATED 15.09.20 17. 2. WE HAVE GONE THROUGH THE FACTS OF THE CASE AND T HE EVIDENCES AVAILABLE ON RECORD. WE FIND THAT THE AMO UNT OF RS.2,38,75,000/- HAS BEEN PAID BY THE ASSESSEE TO O BTAIN THE PREMISES UNDER UNENCUMBERED WAY. RELEVANT CONFIRMAT IONS HAVE BEEN FILED BY THE ASSESSEE ALONG WITH THE DETA IL OF THE CHEQUES AND THE SOURCE OF THE CASH WHEREVER PAID. T WO INDIVIDUALS NAMELY, SM ABBI AND SUVEER HAVE SHOWN I T IN THE RETURN AND ONE RECIPIENT HAS CONFIRMED BEFORE THE L D. CIT (A). THE DETAILS ARE AS UNDER: ITA NO.7853/DEL/2017 DINESH BANSAL 2 S.NO. NAME AMOUNT(RS.) EVIDENCE OF PAYMENT 1. K.D. AHUJA 6,25,000 BANK STATEMENT, CASH BOOK, CONFIRMATION, DRIVING LICENSE 2. LALIT 20,00,000 BANK STATEMENT, CONFIRMATION, VOTER CARD -NCJ0311126 3. NATL. MILK SUPPLY 6,75,000 BANK STATEMENT, CONFIRMATION 4. NEETA KATYAL 1,50,00,000 BANK STATEMENT, MOU, CONFIRMATION, CIVIL SUIT DETAILS 5. PRAVEEN SAHNI 10,00,000 BANK STATEMENT, CASH BOOK, CONFIRMATION, NO ID IN THE PAPER BOOK 6. PREM PAL 9,00,000 CONFIRMATION, CASH BOOK, VOTER CARD- SZM0914895 7. SURENDER M ABBI 13,75,000 BANK STATEMENT, CASH BOOK, RETURN FILED 8. SUVEER ABBI 13,75,000 BANK STATEMENT, CASH BOOK, RETURN FILED 9. V.N. DUGGAL 4,00,000 BANK STATEMENT, COURT PROCEEDINGS, 10. HOUSE TAX 8,69,100 BANK STATEMENT 11. LEGAL CHARGES 30,900 BANK STATEMENT 3. THE DETAILS OF THE PAYMENTS MADE TO THE RECIPIEN T HAVE BEEN DULY REFLECTED IN THE BANK ACCOUNT OF THE ASSE SSEE AND THE ASSESSEE HAS DULY PROVIDED ALL THE DETAILS TO THE R EVENUE AUTHORITIES. 4. WITH REGARD TO THE PAYMENT OF SMT. NEETA KATYAL OF RS.1,50,00,000/-, WE FIND FROM THE RECORD THAT AN M OU ENTERED BETWEEN THE RECIPIENT AND THE PAYER WITH REGARD TO THE DISPUTE OF THE PROPERTY AND THE EVICTION THEREOF BEFORE THE SCCM DELHI. THE COMPROMISE PETITION WAS DULY SIGNED BY SMT. NEE TA KATYAL, UJWAL KATYAL AND UMANG KATYAL AND THERE IS NO DISPU TE THAT SMT. NEETA KATYAL HAS RECEIVED MONEY OF RS.1,50,00, 000/-. ITA NO.7853/DEL/2017 DINESH BANSAL 3 SMT. NEETA KATYAL HAS NOT REPLIED TO THE NOTICES IS SUED BY THE REVENUE DEPARTMENT. THERE WAS NO PETITION/COMPLAINT BEFORE THE SCCM WITH REGARD TO DEFAULT OF THE PAYMENTS AS AGREED UPON IN THE MOU SIGNED IN THE PRESENCE OF SCCM. 5. HOWEVER, THE REVENUE FAILED TO BRING THIS AMOUNT TO TAX IN THE HANDS OF SMT. NEETA KATYAL & OTHERS WHILE THE E VIDENCE CLEARLY SHOWS THE PAYMENTS HAVE BEEN RECEIVED BY SM T. NEETA KATYAL & OTHERS. IT IS FOR THE REVENUE TO BRING THE AMOUNT TO TAX IN THE HANDS OF SMT. NEETA KATYAL & OTHERS INSTEAD OF DENYING THE BENEFIT OF THE AMOUNT PAID BY THE ASSESSEE FOR VACATING THE PREMISES. 6. HENCE, WE HEREBY DIRECT THAT THE ASSESSEE BE ALL OWED THE BENEFIT OF PAYMENTS MADE TO THE TENANTS IN COMPUTAT ION OF CAPITAL GAINS. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON 11/08/2021. SD/- SD/- (AMIT SHUKLA) (DR. B. R. R. KUMAR) JUDICIAL MEMBER ACC OUNTANT MEMBER DATED: 11/08/2021 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR