Sh. Sanjeev Kumar Mishra, New Delhi V. ITO, New Delhi

ITA 852/DEL/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6983 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 04-02-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 14-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BARNWAL SENIOR
• Assessee Lawyers: D OSTWAL
• Keywords: Unexplained expenditure

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH G GG G : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT AND AND AND AND SHRI CHANDRA MOHAN GARG SHRI CHANDRA MOHAN GARG SHRI CHANDRA MOHAN GARG SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO . .. . 852/DEL/2014 852/DEL/2014 852/DEL/2014 852/DEL/2014 ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : 2008 2008 2008 2008 - -- - 09 0909 09 SHRI SANJEEV KUMAR MISHRA, SHRI SANJEEV KUMAR MISHRA, SHRI SANJEEV KUMAR MISHRA, SHRI SANJEEV KUMAR MISHRA, D DD D- -- -227, POCKET 227, POCKET 227, POCKET 227, POCKET- -- -3, 3,3, 3, DDA FLA DDA FLA DDA FLA DDA FLATS, BINDAPUR, TS, BINDAPUR, TS, BINDAPUR, TS, BINDAPUR, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 059. 110 059. 110 059. 110 059. PAN : AGZPM2162L. PAN : AGZPM2162L. PAN : AGZPM2162L. PAN : AGZPM2162L. VS. VS. VS. VS. INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, WARD WARD WARD WARD- -- -26(3), 26(3), 26(3), 26(3), NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 001. 110 001. 110 001. 110 001. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI D. OSTWAL, CA. RESPONDENT BY : SMT. ANIMA BARNWAL, SENIOR DR. DATE OF HEARING : 04.02.2016 04.02.2016 04.02.2016 04.02.2016 DATE OF PRONOUNCEMENT : 19.02.2016 19.02.2016 19.02.2016 19.02.2016 ORDER ORDER ORDER ORDER PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP : :: :- -- - THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2008-09 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-XVIII, NEW DELHI DATED 23 RD DECEMBER, 2013. 2. THE ONLY GROUND RAISED IN THIS APPEAL BY THE ASS ESSEE IS AGAINST THE ADDITION OF `15,27,644/- SUSTAINED BY THE LEARN ED CIT(A). 3. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D HAVE PERUSED RELEVANT MATERIAL PLACED BEFORE US. THE AS SESSING OFFICER FOUND THAT THE ASSESSEE HAS MADE THE TOTAL PAYMENT OF `15,27,644/- AGAINST THE CREDIT CARDS OF VARIOUS BANKS. HE TREA TED THE ABOVE PAYMENT AS UNEXPLAINED EXPENDITURE BY THE ASSESSEE AND MADE THE ADDITION OF `15,27,644/-, WHICH IS SUSTAINED BY LEA RNED CIT(A). ITA-852/DEL/2014 2 4. AT THE TIME OF HEARING BEFORE US, LEARNED COUNSE L FOR THE ASSESSEE FURNISHED THE SUMMARY OF TOTAL CREDIT CARD S PAYMENT BY THE ASSESSEE, COPY OF WHICH IS ANNEXED HEREWITH AS ANNE XURE-A FOR READY REFERENCE. FROM THE SAME, IT IS APPARENT THAT THE TOTAL PAYMENT MADE BY THE ASSESSEE AGAINST VARIOUS CREDIT CARDS IS `20 ,99,082/-. HOWEVER, FROM THE SOURCE OF PAYMENT, IT IS EVIDENT THAT ALL THE PAYMENTS HAVE BEEN MADE BY USING OTHER CREDIT CARDS. THERE IS NO CASH PAYMENT MADE AGAINST ANY CREDIT CARD BUT FROM ONE CREDIT CA RD, THE ASSESSEE MADE THE PAYMENT FOR ANOTHER CREDIT CARD. IN VIEW OF THE ABOVE, WE DO NOT FIND ANY JUSTIFICATION FOR HOLDING THAT THERE W AS ANY UNEXPLAINED PAYMENT MADE AGAINST THE CREDIT CARDS. THE PAYMENT WAS MADE FOR ONE CREDIT CARD BY UTILIZING THE CREDIT FACILITY OF ANOTHER CREDIT CARD. IN VIEW OF THE ABOVE, WE DELETE THE ADDITION OF `15,27 ,644/- MADE BY THE ASSESSING OFFICER AND SUSTAINED BY THE LEARNED CIT( A). 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. DECISION PRONOUNCED IN THE OPEN COURT ON 19.02.2016 . SD/- SD/- (CHANDRA MOHAN GARG (CHANDRA MOHAN GARG (CHANDRA MOHAN GARG (CHANDRA MOHAN GARG ) )) ) ( (( ( G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL ) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : SHRI SANJEEV KUMAR MISHRA, SHRI SANJEEV KUMAR MISHRA, SHRI SANJEEV KUMAR MISHRA, SHRI SANJEEV KUMAR MISHRA, D DD D- -- -227, POCKET 227, POCKET 227, POCKET 227, POCKET- -- -3, DDA FLATS, BINDAPUR, 3, DDA FLATS, BINDAPUR, 3, DDA FLATS, BINDAPUR, 3, DDA FLATS, BINDAPUR, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 059. 110 059. 110 059. 110 059. 2. RESPONDENT : INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, WARD WARD WARD WARD- -- -26(3), NEW DELHI 26(3), NEW DELHI 26(3), NEW DELHI 26(3), NEW DELHI 110 001. 110 001. 110 001. 110 001. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR CONTD. ANNEXURE ANNEXURE ANNEXURE ANNEXURE- -- -A AA A/.. ITA-852/DEL/2014 3 ITA-852/DEL/2014 4