CPR Commodities Services Pvt Ltd, New Delhi V. ITO WARD - 6(4), New Delhi

ITA 8481/DEL/2019

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 1761 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 30-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SITA RAM MEENA
• Assessee Lawyers: KRISHNAN
• Keywords: Document seized; Accommodation entries; Documents seized
• Section: 68; 143(1); 143(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “B” BENCH: NEW DELHI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER & SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No.8481/Del/2019 [Assessment Year : 2009-10] CPR Commodities Services Pvt.Ltd., A-66, Guru Nanakpura, Vikas Marg, New Delhi-110092. PAN-AACCP5984B vs ITO, Ward-6(4), New Delhi. APPELLANT RESPONDENT Appellant by Shri Krishnan, Adv. & Shri V.Rajakumar, Adv. Respondent by Shri Sita Ram Meena, Sr.DR Date of Hearing 01.06.2022 Date of Pronouncement 03.06.2022 ORDER PER CHANDRA MOHAN GARG, JM : This appeal filed by the assessee against the order of Ld. CIT(A)-2, New Delhi dated 02.01.2019 in Appeal No.10650/16-17 for the assessment year 2014-15. 2. The grounds raised by the assessee are as follows:- 1. “That on the facts and in the circumstances of the case and in law the Ld. CIT (Appeals) erred in: 1. deciding the appeal of the assessee without providing due and adequate opportunity of hearing; 2. confirming the following additions to the returned income: (I) Rs.50,00,000/- on account of unexplained credits appearing in the books of accounts invoking section 68 of the Income Tax Act, 1961; (II) Rs.1,00,000/- on account of alleged commission paid. 2 | Page All the above actions being erroneous unlawful and untenable it is prayed that the same must be quashed with directions for appropriate relief." BRIEF FACTS OF THE CASE 3. Brief facts of the case are that the assessee company filed its return of income on 29.09.2009 declaring an income of Rs.17,87,963/-. Thereafter, the return was processed under 143(1) of the Income Tax Act, 1961 (“the Act”) on 31.10.2010. The case was not selected for scrutiny assessment u/s 143(2) of the Act. On perusal of return of income, it is observed by the Assessing Officer (“AO”) that the assessee had shown that it has received share capital/share application money during the year which was equal to the amount provided in the information received from the Investigation Wing. The various documents seized from the premises of Sh.S.K.Jain Group during the course were perused. These documents have been supplied by the Investigation Wing in the form of scanned copies of seized documents. It is noted from the copy of seized documents that the name of the assessee appeared on these documents along with details of accommodation entries amounting to Rs.50,00,000/- from company controlled by S.K. Jain Group. 4. Aggrieved against this, the assessee preferred appeal before Ld.CIT(A), who dismissed the appeal. 5. Aggrieved against the order of Ld.CIT(A), the assessee is in appeal before this Tribunal. 6. In the present case, as agreed by Ld. representatives of both the sides, at the time of hearing before us, we are satisfied that the assessee has not been given due opportunity of hearing during first appellate proceedings therefore, 3 | Page the matter is restored to the file of Ld.CIT(A) for fresh adjudication after allowing due opportunity of hearing to the assessee. As also agreed by Ld. representatives of both the parties, the date of hearing before Ld. CIT(A) is fixed on 03.08.2022 and the assessee is directed to appear before the Ld.CIT(A) at the given date without waiting for any notice. The requirement of notice by Ld.CIT(A) is hereby dispensed. Thus, grounds raised by the assessee are allowed for statistical purposes. 7. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 03 rd June, 2022. Sd/- Sd/- (ANADEE NATH MISSHRA) (CHANDRA MOHAN GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER * Amit Kumar * Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI