Golden Moments Pvt. Ltd., Karnal V. ACIT, Circle Karnal, Karnal

ITA 8285/DEL/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3963 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 28-12-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: JAGDISH SINGH
• Keywords: TDS
• Section: 143(3); 234B; 40(a)(ia); 144

Judgement Text

1 ITA NO. 8285/DEL/2018 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: I-2 + SMC NEW DELHI BEFORE MS SUCHITRA KAMBLE, JUDICIAL MEM BER, AND SHRI PRASHANT MAHARISHI, ACCOU NTANT MEMBER ITA NO. 8285/DEL/2018 ( A.Y 2013-14) GOLDEN MOMENTS PVT. LTD. INSIDE CITY PARK, SECTOR-12, KARNAL, HARYANA, PIN: 132001 PAN: AADCG4401D (APPELLANT) VS ACIT CIRCLE KARNAL KARNAL BHAWAN, SECTOR-12 KARNAL (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SH. JAGDISH SINGH, SR. DR ORDER PER SUCHITRA KAMBLE, JM THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER DATED 31/10/2018 PASSED BY CIT(A)- KARNAL FOR ASSESSMENT YEAR 2013- 14. 2. THE GROUNDS OF APPEAL ARE AS UNDER:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AS WELL AS IN LAW THE REOPENING OF THE ASSESSMENT IS AB INITIO VOID AND BAD IN LAW. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AS WELL AS IN LAW THE IMPUGNED ASSESSMENT ORDER IS WITHOUT JURISDICTION A ND BAD IN LAW 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AS WELL AS IN LAW THE LD. ASSESSING OFFICER GROSSLY ERRED IN DISALLOWING ' 10 ,20,738/- U/S 40(A)(IA) OF THE INCOME TAX ACT, 1961 ON ACCOUNT OF INTEREST EXP ENSES. . 4. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AS WELL AS IN LAW THE LD. ASSESSING OFFICER GROSSLY ERRED IN CHARGING INTERES T U/S 234B AND 234C OF THE INCOME TAX ACT, 1961. 5. THE ASSESSEE CRAVE RIGHT TO ADD/DELETE/ALTER OR MO DIFY ANY OR ALL GROUNDS OF APPEAL THESE ACTION OF LD. ASSESSING OFFICERS BEING ARBITR ARY, UNJUST, ILLEGAL AND DATE OF HEARING 26.02.2020 DATE OF PRONOUNCEMENT 02.03.2020 2 ITA NO. 8285/DEL/2018 INVALID IN LAW LIABLE TO QUASHED AND IT IS PRAYED T O YOUR HONOR THAT THEY PLEASE BE QUASHED AND/OR ANY OTHER RELIEF JUST DEEM FIT AND PROPER PLEASE BE DIRECTED. APPELLANT PRAY ACCORDINGLY 3. THE ASSESSEE FILED ITS RETURN OF INCOME ON 25/09 /2013 DECLARING INCOME OF RS. 814780/-. THE ASSESSMENT U/S 143(3) WAS COM PLETED VIE ORDER DATED 31/3/2015 ASSESSING THE TOTAL INCOME OF RS. 895362/ -. THE CASE WAS REOPENED U/S 148. THE ASSESSING OFFICER MADE ADDIT ION OF RS. 1020738/- ON ACCOUNT OF INTEREST PAID TO INDIA BULLS HOUSING FIN ANCE LTD FOR NON DEDUCTION OF TDS. THE ASSESSMENT WAS COMPLETED U/S 144 AT INC OME OF RS. 1,91,61,00/- 4. BEING AGGRIEVED BY THE ASSESSMENT ORDER, THE ASS ESSEE FILED APPEAL BEFORE THE CIT(A). THE CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE. 5. AT THE TIME OF HEARING, NONE APPEARED FOR THE AS SESSEE AND THERE IS NO APPLICATION FOR ADJOURNMENT. THE NOTICE HAS BEEN D ULY SERVED TO THE ASSESSEE. THEREFORE, WE ARE PROCEEDING ON THE BASIS OF THE SU BMISSIONS MADE BY THE ASSESSEE BEFORE THE ASSESSING OFFICER AS WELL AS BE FORE THE CIT(A). 6. THE LD. DR RELIED UPON THE ASSESSMENT ORDER AS W ELL AS ORDER OF THE CIT(A). 7. WE HAVE HEARD THE LD. DR AND PERUSED THE MATERIA L AVAILABLE ON RECORD. IT IS PERTINENT TO MENTION THAT THE CIT(A). IT IS PERTINENT TO MENTION THAT THE CIT(A) WHILE CONFIRMING THE ORDER OF THE ASSESSING OFFICER HAS NOT AT ALL GIVEN ANY REASON AS TO HOW THE ASSESSING OFFICER RIGHTLY ADOPTED THE VALUE OF THE PROPERTY AS PER CIRCLE RATE FOR COMPUTATION. THE C IT(A) ALSO HAS NOT TAKEN COGNIZANCE OF THE EVIDENCES FILED BY THE ASSESSEE B EFORE THE ASSESSING OFFICER AS WELL AS BEFORE THE CIT(A). THEREFORE, IT WILL B E APPROPRIATE TO REMAND BACK THIS MATTER TO THE FILE OF THE CIT(A) FOR FRESH ADJ UDICATION. NEEDLESS TO SAY, THE ASSESSEE BE GIVEN OPPORTUNITY OF HEARING BY FOLLOWI NG PRINCIPLES OF NATURAL 3 ITA NO. 8285/DEL/2018 JUSTICE. THUS, APPEAL OF THE ASSESSEE IS PARTLY ALL OWED FOR STATISTICAL PURPOSE. 8. IN RESULT, THE APPEAL FILED BY THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 02 ND MARCH, 2020. SD/- SD/- (PRASHANT MAHARISHI) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 02/03/2020 R. NAHEED COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 ITA NO. 8285/DEL/2018 DATE OF DICTATION 26.02.2020 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 27.02.2020 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 02.03.2020 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 02.03.2020 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 02.03.2020 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER