Shrishti Buildhome P.Ltd, New Delhi V. ITO, Ward-23(1), New Delhi

ITA 796/DEL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5697 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 04-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Keywords: Unexplained expenditure
• Section: 147; 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SH. R. K. PANDA, ACCOUNTANT MEMBER ITA NO.795&796/DEL/2019 ASSESSMENT YEAR: 2008-09 & 2009-10 M/S. SHRISHTI BUILDHOME PVT. LTD. (FORMERLY KNOWN AS M/S. SETIA BUILDTECH PVT. LTD).C/O M/S. SMA & ASSOCIATES, 302, 3 RD FLOOR, PEAL BUSINESS PARK (NEAR FUN CINEMA) NETAJI SUBHASH PLACE, PITAMPURA, NEW DELHI -110034 PAN NO.AALCS0163J VS INCOME TAX OFFICER WARD 23 (1) NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SHRI S. L. ANURAGI, SR. DR DATE OF HEARING: 08/08/2019 DATE OF PRONOUNCEMENT: 08/08/2019 ORDER PER R.K. PANDA, AM: THE ABOVE TWO APPEALS FILED BY THE ASSESSEE ARE DIR ECTED AGAINST THE SEPARATE ORDERS DATED 20.11.2018 OF THE CIT(A)-28, NEW DELHI RELATING TO A. Y. 2008-09 AND 2009-10 RES PECTIVELY. PAGE | 2 2. SINCE COMMON ISSUES ARE INVOLVED IN BOTH THESE A PPEALS, THEREFORE, THESE WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE T IME OF HEARING. IT WAS FURTHER SEEN THAT THE ASSESSMENT O RDER AS WELL AS ORDERS OF CIT(A) ARE EXPARTE ORDERS. I, THEREFORE, PROCEED TO DECIDE BOTH THESE APPEALS ON THE BASIS OF MATERIAL AVAILAB LE ON RECORD AND AFTER HEARING THE LD. DR. 4. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESS ING OFFICER FOR BOTH THE ASSESSMENT YEARS COMPLETED THE ASSESSMENT U/S. 147 R.W.S. 143 (3) DETERMINING TOTAL INCOME AT RS.34,16 ,570/- FOR ASSESSMENT YEAR 2008-09 AND RS.26,66,430/- FOR A. Y . 2009-10. IN BOTH THESE ASSESSMENT YEARS THE ASSESSING OFFICE R HAS MADE ADDITION U/S. 68 ON ACCOUNT OF UNEXPLAINED SHARE AP PLICATION MONEY AND UNEXPLAINED EXPENDITURE U/.S. 69C. SINCE THERE WAS NO COMPLIANCE FROM THE SIDE OF THE ASSESSEE BEFORE THE CIT(A), THEREFORE, THE LD. CIT(A) IN THE EXPARTE ORDER PASS ED BY HIM DISMISSED THE APPEAL FOR BOTH THE ASSESSMENT YEARS. 5. AGGRIEVED WITH SUCH ORDER OF THE CIT(A), THE ASS ESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 6. I HAVE HEARD THE LD. DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS AN ADMITTED FACT THAT THERE WAS N ON COMPLIANCE BEFORE THE CIT(A) FOR WHICH THE LD. CIT(A) HAS PASS ED THE PAGE | 3 EXPARTE ORDER CONFIRMING THE VARIOUS ADDITIONS MADE BY THE ASSESSING OFFICER FOR BOTH THE ASSESSMENT YEARS. 7. CONSIDERING THE TOTALITY OF THE FACTS OF THE CAS E AND IN THE INTEREST OF JUSTICE I DEEM IT PROPER TO RESTORE THE ISSUE TO THE FILE OF THE CIT(A) WITH A DIRECTION TO GIVE ONE FINAL OP PORTUNITY TO THE ASSESSEE TO SUBSTANTIATE ITS CASE AND DECIDE THE IS SUE AS PER FACT AND LAW. THE ASSESSEE IS ALSO HEREBY DIRECTED TO APPEAR BEFORE THE CIT(A) WITHOUT SEEKING ADJOURNMENT UNDER ANY PRETEXT AND SUBSTANTIATE ITS CASE FAILING WHICH THE LD. CIT(A) IS AT LIBERTY TO PASS APPROPRIATE ORDER AS PER LAW. I HOLD AND DIRECT ACCORDINGLY. THE APPEALS FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES 8. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASS ESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 08.08.2019. SD/- (R.K PANDA) ACCOUNTANT MEMBER *NEHA* DATE:- 08.08.2019 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI PAGE | 4 DATE OF DICTATION 08.08.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 08.08.2019 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 09.08.2019 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGIST RAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER