Sachin Kumar, New Delhi V. ITO WARD - 42(5), New Delhi

ITA 9382/DEL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2844 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 6 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 06-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Peak credit
• Section: 69C; 142(1); 201; 143(2); 13; 144

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC - 1 : NEW DELHI (THROUGH VIRTUAL HEARING) BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER ITA NO. 9 38 2 / DEL /20 19 ASSESSMENT YEAR : 20 1 3 - 14 SACHIN KUMAR, 13 - A, VIPIN GARDEN, FAKKAD BABA ROAD, NEAR GAURI SHANKAR MANDIR, UTTAM NAGAR, NEW DELHI. PAN : AQRPK7054P VS ITO, WARD - 42 ( 5 ), NEW DELHI. (APP ELL A NT ) (RESPONDENT) A SSESSEE BY : NONE RE VENUE BY : SHRI R.K. GUPTA, SR. DR DATE OF HEARING : 15 .0 6 . 20 2 1 DATE OF PRONOUNCE MENT : 15 . 0 6 . 20 2 1 ORDER PER R. K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE EX PARTE ORDER DATED 2 6 TH MARCH, 201 8 OF THE CIT(A) - 1 4 , NEW DELHI , RELATING TO THE ASSESSMENT YEAR 201 3 - 14 . 2 . FACTS OF THE CASE, IN BRIEF, A RE THAT THE ASSESSEE IS A N INDIVIDUAL AND FILED HIS RETURN OF INCOME ON 30 TH SEPTEMBER, 2013, DECLARING THE TOTAL INCOME OF THE ASSESSEE AT RS.3,79,980/ - . THE CASE WAS SELECTED FOR SCRUTINY AND NOTICE U/S 143(2) OF THE ACT WAS SERVED ON THE ASSESSEE. HOW EVER, NONE APPEARED ON THE APPOINTED ITA NO. 9 38 2 / DEL /20 19 2 DATE. THEREAFTER, NOTICE U/S 142(1) WAS ALSO ISSUED TO THE ASSESSEE ON DIFFERENT DATES, BUT, AGAIN THERE WAS NO COMPLIANCE. SUBSEQUENTLY, THE AR OF THE ASSESSEE APPEARED BEFORE THE AO AND FILED A FEW DETAILS AND SOUGH T ADJOURNMENT. THEREAFTER, AGAIN, THERE WAS CONTINUOUS NON - COMPLIANCE AND THE ASSESSEE WAS SEEKING ADJOURNMENT UNDER SOME PRETEXT OR THE OTHER. FINALLY, THE AO COMPLETED THE ASSESSMENT U/S 144 OF THE ACT DETERMINING THE TOTAL INCOME OF THE ASSESSEE AT RS .31,96,480/ - AS AGAINST THE RETURNED INCOME OF RS.3,79,980/ - . SINCE NOBODY APPEARED BEFORE THE CIT(A) DESPITE FIVE OPPORTUNITIES GRANTED, THE LD.CIT(A), IN THE EX PARTE ORDER PASSED BY HIM, CONFIRMED THE ADDITION MADE BY THE AO. 3 . AGGRIEVED WITH SUCH OR DER OF THE CIT(A), THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 4 . I HAVE HEARD THE LD. DR AND PERUSED THE RECORD. IT IS AN ADMITTED FACT THAT D UE TO NON - SUBMISSION OF FULL DETAILS BEFORE THE AO, THE AO PASSED EX PARTE ORDER DETERMINING THE TOTAL INCOM E OF THE ASSESSEE AT RS. 31,96,480 / - AS AGAINST THE RETURNED INCOME OF RS.3,79,980/ - WHEREIN HE MADE ADDITION OF RS.23,72,720/ - ON ACCOUNT OF PEAK CREDIT IN THE BANK ACCOUNT, DISALLOWANCE U/S 69C OF RS.3,94,275/ - AND DISALLOWANCE OF DEDUCTION CLAIMED UNDER CHAPTER VIA AMOUNTING TO RS.49,500/ - . SINCE THE ASSESSEE DID NOT APPEAR BEFORE THE CIT(A), THE LD.CIT(A) , IN THE EX PARTE ORDER PASSED BY HIM, SUSTAINED THE VARIOUS ADDITION S MADE BY THE AO. CONSIDERING THE TOTALITY OF THE FACTS OF THE CASE AND IN THE INT EREST OF JUSTICE, I DEEM IT PROPER TO RESTORE THE ISSUE BACK TO THE FILE OF THE CIT(A) WITH A DIRECTION TO GRANT ITA NO. 9 38 2 / DEL /20 19 3 ONE FINAL OPPORTUNITY TO THE ASSESSEE TO SUBSTANTIATE HIS CASE AND DECIDE THE ISSUE AS PER FACT AND LAW. THE ASSESSEE IS ALSO HEREBY DIRECTED TO APPEAR BEFORE THE CIT(A) AND SUBSTANTIATE ITS CASE WITHOUT SEEKING ANY ADJOURNMENT UNDER ANY PRETEXT FAILING WHICH, THE LD.CIT(A) IS AT LIBERTY TO PASS APPROPRIATE ORDER AS PER LAW. I HOLD AND DIRECT ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSES. 5 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THE ORDER WAS PRO NOUNCED IN THE OPEN COURT ON CONCLUSION OF THE HEARING ITSELF, I.E., ON 15 TH JUNE, 2021. SD/ - ( R. K. PANDA ) ACCOUNTANT MEMBER DATED: 15 TH JUNE, 2021. DK COPY FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REG ISTRAR, ITAT, NEW DELHI