Monad Educational Society, New Delhi V. CIT(E), New Delhi

ITA 849/DEL/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8965 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 18-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAMITA M BISWAS
• Assessee Lawyers: GAUTAM JAIN SH LALIT MOHAN
• Keywords: Reassessment proceedings; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.849/DEL/2020 ASSESSMENT YEAR: 2009-10 MONAD EDUCATIONAL SOCIETY 503/93/5, ASHOK BHAWAN, NEHRU PLACE, NEW DELHI PAN NO.AAABM0630Q VS CIT (E) NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY SH. GAUTAM JAIN, ADVOCATE SH. LALIT MOHAN, CA RESPONDENT BY MS. PRAMITA M. BISWAS DATE OF HEARING: 06/01/2021 DATE OF PRONOUNCEMENT: 11/01/2021 ORDER PER N. K. BILLAIYA, AM: THIS APPEAL BY THE ASSESSEE IS DIRECTED TOWARDS THE ORDER OF THE CIT(E) DATED 31.03.2019 PERTAINING THE A.Y.2009 -10 FRAMED U/S.263 OF THE ACT. 2 2. THE APPELLANT HAS VEHEMENTLY CHALLENGED THE ASSU MPTION OF JURISDICTION BY CIT(E) U/S.263 OF THE ACT. 3. THE REPRESENTATIVES OF BOTH THE SIDES WERE HEARD AT LENGTH. CASE RECORDS CAREFULLY PERUSED AND WITH THE ASSISTA NCE OF THE COUNSEL, WE HAVE CONSIDERED THE RELEVANT DOCUMENTAR Y EVIDENCES BROUGHT ON RECORD IN THE LIGHT OF RULE 18 (6) OF TH E ITAT RULES. 4. BRIEFLY STATED THE FACTS OF THE CASE ARE THAT TH E APPELLANT IS A SOCIETY REGISTERED WITH REGISTRAR OF SOCIETY UNDER SOCIETY ACT AND IS ALSO REGISTERED U/S.12A OF THE ACT. RETURN OF INCO ME WAS FILED ON 25.09.2009 WHICH WAS PROCESSED U/S.143(1) OF THE AC T ON 30.03.2011. 5. SUBSEQUENTLY THE ASSESSMENT WAS FRAMED U/S.143(3 ) OF THE ACT VIDE ORDER DATED 21.10.2011 AND THE RETURNED INCOME OF NIL RUPEES WAS ACCEPTED. 6. SUBSEQUENTLY VIDE NOTICE DATED 31.03.2016 U/S.14 8 OF THE ACT THE COMPLETED ASSESSMENT WAS SOUGHT TO BE REOPENED AND THE REASONS RECORDED FOR REOPENING THE ASSESSMENT READ AS UNDER :- 3 4 5 7. DURING THE COURSE OF REASSESSMENT PROCEEDINGS TH E ASSESSEE FURNISHED ALL THE DETAILS AS REQUIRED BY THE AO COP IES OF SUCH REPLIES ARE PLACED IN THE PAPER BOOK AT PAGES 24 TO 31. 8. AFTER COMPLETELY SCRUTINIZING THE DETAILS, THE A SSESSMENT WAS FRAMED U/S.147 R.W.S. 143 (3) OF THE ACT VIDE ORDER DATED 28.04.2016 AND ONCE AGAIN THE RETURNED INCOME OF RUPEES NIL WA S ACCEPTED AS SUCH. 9. NOW, THE CIT(E) ASSUMED JURISDICTION U/S.263 OF THE ACT. 10. WE HAVE CAREFULLY PERUSED THE ORDERS OF THE CIT (E). WE FIND THAT THE CIT(E) WANTS THE AO TO ONCE AGAIN EXAMINE ALL THOSE DOCUMENTS WHICH HAVE ALREADY BEEN EXAMINED DURING T HE ORIGINAL ASSESSMENT PROCEEDINGS AND ALSO DURING THE REASSESS MENT PROCEEDINGS. MOREOVER, IN THE REASONS RECORDED FOR THE REOPENING THE ASSESSMENT WHICH ARE EXHIBITED ELSEWHERE ONLY E NTRY OF RS.2 LACS PERTAINED TO F.Y. 2008-09 RELEVANT TO 2009-10, WHICH YEAR IS UNDER CONSIDERATION AND ALL OTHER ENTRIES MENTIONED THEREIN DO NOT PERTAIN TO THE YEAR UNDER CONSIDERATION. 11. AT PAGE 11 OF PAPER BOOK NO.2 WE FIND A REPORT FROM THE OFFICE OF DCIT, CIRCLE1(1), EXEMPTION DATED 19.03.2019 WH ICH IS ADDRESSED TO CIT (E), NEW DELHI IN WHICH AT PARA-3 IT HAS BEEN REPORTED AS UNDER :- 6 FURTHER THE ASSESSEE SUBMITTED THAT AN AMOUNT OF RS.2,00,000 PERTAINED TO A.Y.2009-10 WHICH WAS DEPOSITED IN THE ACCOUNT OF ONE MR. RAVINDER. IN HI S SUPPORT THE ASSESSEE SUBMITTED THE COPIES OF LAND PURCHASED AND DEMAND DRAFT FOR THE ABOVE MENTIONED TRANSACTIONS. 4. THE OFFICE AGREED WITH THE CONTENTION OF THE ASS ESSEE AND AN ORDER FOR NIL INCOME WAS PASSED. 12. THESE CLINCHING EVIDENCES / FACTS ARE EMANATING FROM THE RECORDS WHICH CLEARLY DEMONSTRATE THAT THERE WAS NO ERROR IN THE ASSESSMENT ORDER FRAMED U/S.143(3) R.W.S. 147 O F THE ACT WHICH CAN PROMPT THE CIT(E) TO ASSUMED JURISDICTION U/S.263 OF THE ACT. 13. CONSIDERING THE FACTUAL MATRIX MENTIONED HERE I N ABOVE WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSMEN T ORDER DATED 28.04.2016 FRAMED U/S.143 (3) R.W.S. 147 OF T HE ACT IS NEITHER ERRONEOUS NOR PREJUDICIAL TO THE INTEREST O F THE REVENUE AND IS ACCORDINGLY RESTORED. THE ORDER OF THE CIT(E ) IS ACCORDINGLY SET ASIDE. 14. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. SD/- SD/- (SUDHANSHU SRIVASTAVA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOU NTANT MEMBER *NEHA* DATE:- 11.01.2021 7 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGI STRAR ITAT NEW DELHI DATE OF DICTATION 08 .01.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 11.01.2021 DATE ON WHIC H THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 11.01.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 11.01.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 11.01.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 11.01.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 11.01.2021 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 REGISTRAR FOR SIGNATURE ON THE ORDER DATE O F DISPATCH OF THE ORDER