Rajesh Passi, New Delhi V. ITO, New Delhi

ITA 876/DEL/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1908 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-12-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2012-2013
• Appeal Filed On: 15-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Keywords: Principle of natural justice
• Section: 143(3); 234B; 274; 13

Judgement Text

ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 1 OF 18 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: F: NEW DELHI) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 876/DEL/2017 ( ASSESSMENT YEAR: 2012-13) SHRI RAJESH PASSI, 121, DSIDC SHED, 2 ND FLOOR, OKHLA INDUSTRIAL AREA, PHASE-1 NEW DELHI. VS. ITO, WARD-29(5), CIVIC CENTER, NEW DELHI. PAN NO: AAGPP5326A APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI SURENDER PAL, SR. DR ORDER PER ANADEE NATH MISSHRA, AM [A] THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED APPELLATE ORDER DATED 29.12.2016 PASSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-10, NEW DELHI, [IN SHORT, LD.CIT(A)] PERTAINING TO ASSESS MENT YEAR 2012-13. THE ASSESSEE HAS RAISED FOLLOWING GROUNDS OF APPEAL:- 1. THAT THE ORDER PASSED BY THE LEARNED CIT (A) IS NOT BASED ON THE FACTS & CIRCUMSTANCES OF THE CASE. 2. THAT THE ORDER PASSED BY THE LEARNED CIT(A) IS A GAINST THE PRINCIPLES OF NATURAL JUSTICE. ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 2 OF 18 3. THAT ON THE FACTS & CIRCUMSTANCES OF THE CASE TH E LEARNED CIT (A) WAS NOT JUSTIFIED IN ADDITION OF RS. 30,93,152/- ON ACCOUNT OF POINTS MENTIONED IN THE ASSESSMENT ORDER. 4. THAT THE ADDITION OF RS. 19,00,000/- ON ACCOUNT OF UNSECURED LOAN MADE BY THE LEARNED CIT(A) IS NOT BASED ON THE CORRECT APPR ECIATION OF THE FACTS. 5. THAT THE ADDITION OF RS. 11,93,152/- ON ACCOUNT OF FORM 26 AS MADE BY THE LEARNED ASSESSING OFFICER IS NOT BASED ON THE CORRE CT APPRECIATION OF THE FACTS. IN THIS POINT, THIRD PARTY CONFIRMATION REC EIVED AFTER THE ORDER PASSED BY THE CIT(A). 6. THAT ON THE FACTS & CIRCUMSTANCES OF THE CASE TH E LEARNED AO HAS ERRED IN CHARGING INTEREST U/S 234B AND 234C. 7. THAT ON THE FACTS & CIRCUMSTANCES OF THE CASE LE ARNED ASSESSING OFFICER HAS ERRED IN INITIATING PENALTY PROCEEDINGS U/S 271(1)( C) READ WITH SECTION 274 OF THE INCOME TAX ACT, 1961. 8. THAT YOUR APPELLANT CRAVES YOUR LEAVE TO SET ASI DE OR WITHDRAW ANY OR ALL GROUNDS OF APPEAL ON OR BEFORE THE HEARING OF THE A PPEAL. [B] VIDE ASSESSMENT ORDER DATED 30.03.2015 PASSED UNDE R SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE I.T. ACT). THE RELEVANT PORTION OF THE ASSESSMENT ORDER DATED 30.03.2015 IS REPRODUCED AS UNDER:- ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 3 OF 18 ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 4 OF 18 [C] THE ASSESSEE FILED APPEAL BEFORE THE LD. CIT(A). VIDE IMPUGNED APPELLATE ORDER DATED 29.12.2016, THE LD. CIT(A) PARTLY ALLOWED T HE ASSESSEES APPEAL. THE RELEVANT PORTION OF THE ORDER DATED 29.12.2016 OF THE LD. CI T(A) IS REPRODUCED AS UNDER: ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 5 OF 18 ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 6 OF 18 ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 7 OF 18 ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 8 OF 18 ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 9 OF 18 ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 10 OF 18 ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 11 OF 18 ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 12 OF 18 ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 13 OF 18 ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 14 OF 18 ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 15 OF 18 ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 16 OF 18 [D] THIS PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE AFORESAID IMPUGNED APPELLATE ORDER DATED 29.12.2016 OF THE LD . CIT(A). AT THE TIME OF HEARING, REVENUE WAS REPRESENTED BY SHRI SURENDER PAL, THE L EARNED SENIOR DEPARTMENTAL REPRESENTATIVE (LD. SR. DR, FOR SHORT). HOWEVER, NONE WAS PRESENT FROM THE ASSESSEES SIDE. IN THE ABSENCE OF ANY REPRESENTA TION FROM ASSESSEES SIDE, AT THE TIME OF HEARING BEFORE US, WE HEARD THE LD. SR. DR; WHO RELIED UPON THE ORDER DATED 30.03.2015 OF THE ASSESSING OFFICER AND THE AFORESA ID IMPUGNED ORDER DATED 29.12.2016 OF THE LD. CIT(A). AFTER PERUSAL OF THE MATERIALS ON RECORD, INCLUDING THE ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 17 OF 18 ORDER OF THE AO AND THE AFORESAID IMPUGNED ORDER DA TED 29.12.2016 OF THE LD. CIT(A), WE FIND THAT THE LD. CIT(A) HAS PASSED SPEAKING ORD ER ON MERITS. RELEVANT PORTION OF THE IMPUGNED ORDER OF THE LD. CIT(A) HAS ALREADY BE EN REPRODUCED IN FOREGOING PARAGRAPH [C] OF THIS ORDER. WE FIND THAT THE LD. CIT(A) HAS GIV EN DETAILED REASONS FOR HIS DECISION ON MERITS IN THE AFORESAID IMPUGNED AP PELLATE ORDER DATED 29.12.2016 OF LD. CIT(A). DURING APPELLATE PROCEEDINGS IN INCOME TAX APPELLATE TRIBUNAL (ITAT, FOR SHORT) NO MATERIAL HAS BEEN BROUGHT FOR OUR CONSIDE RATION TO PERSUADE US TO TAKE A VIEW DIFFERENT FROM THE VIEW TAKEN BY THE LD. CIT(A) IN THE IMPUGNED ORDER ON MERIT. AFTER HEARING THE LD. SR. DR AND AFTER PERUSAL OF MATERIA LS ON RECORD, AND FURTHER, IN VIEW OF THE FOREGOING DISCUSSION, WE DECLINE TO INTERFERE W ITH THE AFORESAID IMPUGNED APPELLATE ORDER DATED 29.12.2016 OF LD. CIT(A), AND ACCORDING LY, THIS APPEAL IS DISMISSED. [E] BEFORE WE PART; WE EXPLICITLY CLARIFY THAT THE ASSESSEE WILL BE AT LIBERTY TO APPROACH ITAT FOR RESTORATION OF THE APPEAL IN ACCO RDANCE WITH PROVISO TO RULE 24 OF INCOME TAX (APPELLATE TRIBUNAL), RULES, 1963. IF THE ASSESSEE DOES APPROACH ITAT FOR RESTORATION OF THE APPEALS I N ITAT, THE MATTER WILL BE CONSIDERED IN ACCORDANCE WITH LAW HAVING REGARD TO THE FACTS AND CIRCUMSTANCES. [F] IN THE RESULT, APPEAL FILED BY ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 /12/2019. SD/- SD/- (AMIT SHUKLA) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUN TANT MEMBER DATED: 10/12/2019 POOJA/- ITA NO.- 876/DEL/2012 SHRI RAJESH PASSI. PAGE 18 OF 18 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 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 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 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