Shri Raj Kumar Gogna, New Delhi v. ITO, New Delhi

CO 112/DEL/2010 | 2006-2007
Pronouncement Date: 12-05-2010 | Result: Dismissed

Appeal Details

RSA Number 11220123 RSA 2010
Assessee PAN DELOF2010A
Bench Delhi
Appeal Number CO 112/DEL/2010
Duration Of Justice 5 day(s)
Appellant Shri Raj Kumar Gogna, New Delhi
Respondent ITO, New Delhi
Appeal Type Cross Objection
Pronouncement Date 12-05-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted F
Tribunal Order Date 12-05-2010
Date Of Final Hearing 12-05-2010
Next Hearing Date 12-05-2010
Assessment Year 2006-2007
Appeal Filed On 07-05-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH `F: NEW DELHI BEFORE SHRI C.L.SETHI JM & SHRI K.G. BANSAL AM I.T. A. NO.1046/DEL OF 2010 ASSESSMENT YEAR: 2006-07 INCOME-TAX OFFICER RAJ KUMAR GOGNA WARD 48(3) NEW DELHI. VS A-9A/2 VASANT VIHAR NEW DELHI. C.O. NO.112/DEL OF 2010 (I.T. A. NO.1046/DEL OF 2010) ASSESSMENT YEAR: 2006-07 RAJ KUMAR GOGNA INCOME-TAX OFFICER A-9A/2 VASANT VIHAR VS WARD 48(3) NEW DELHI. NEW DELHI APPELLANT RESPONDENT ASSESSEE BY: BRIG.(RETD) RAJ KUMAR GOGNA ASS ESSEE DEPARTMENT BY: SMT. MONA MOHANTY ORDER PER C.L. SETHI JM: THE REVENUE IS IN APPEAL AGAINST THE ORDER DATED 18 .12.2009 PASSED BY THE LEARNED CIT(A) IN THE MATTER OF AN ASSESSMENT M ADE BY THE AO U/S 144 OF THE INCOME-TAX ACT 1961 (THE ACT) PERTAINING TO ASSTT. YEAR 2006-07. 2. THE GROUNDS RAISED BY THE REVENUE ARE AS UNDER: 2 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT(A) HAS ERRED IN :- 1. DELETING THE ADDITIONS AMOUNTING TO RS.43 50 000/- RIGHTLY MADE BY THE AO ON ACCOUNT OF UNEXPLAINED INVESTMENTS IN MUTUAL FUNDS; 2. ACCEPTING THE ASSESSEES CONTENTION THAT AN INVESTMENT ONLY OF RS.24 50 000/- WAS MADE BY HIM DURING THE FY 2005-06 AND NOT RS.43 50 000/- AS HELD BY THE AO. 3. NOT GIVING ANY OPPORTUNITY TO THE AO TO EXAMINE AND REBUT THE EVIDENCES OR DOCUMENTS PRODUCED BY THE ASSESSEE DURING THE APPELLATE PROCEEDINGS WHICH IS IN CONTRAVENTION OF RULE 46A(3). THE ASSESSEE HAS ALSO FILED CROSS OBJECTION TAKING THE FOLLOWING GROUNDS: 1. THE APPELLANT PASSED ORDER U/S 144 WITHOUT VERIFYING THE CORRECTNESS OF FACTS WITH THE RESPONDENT AS ALL NOTICES WERE SENT ON INCORRECT ADDRESS. EVEN ADDRESS ON THE ORDER WAS INCORRECT BUT WAS LATER CORRECTED BY HAND ON THE PHOTOCOPY SENT TO RESPONDENT. HENCE NO MEETING WAS HELD WITH RESPONDENT AND APPELLANTS CONTENTION ALLEGING INVESTMENT OF RS.43 50 000/- IN MUTUAL FUNDS IS BASED ON UNSUBSTANTIAL AND INCORRECT FACTS. 2. THE DETAILS OF RS.24 50 000/- INVESTED BY THE RESPONDENT IN MUTUAL FUNDS AS ALSO THE REDEMPTION PROCEEDS OF EARLIER INVESTMENTS AMOUNTING TO RS.26 69 995/- REFLECTED IN THE IT RETURN OF AY 2006-07 WERE VERIFIED WITH DOCUMENTARY EVIDENCE PROVIDED BY THE RESPONDENT AND FOUND COMPLETELY IN ORDER BY THE CIT(A) BASED ON WHICH THE VERDICT WAS PRONOUNCED BY THAT APPELLATE AUTHORITY. ALL RELEVANT EVIDENCES ARE THEREFORE IN THE RECORDS OF CIT(A) AND CAN BE VERIFIED BY ITO. 3 3. WE HAVE HEARD THE LEARNED DR AND THE ASSESSEE IN PERSON. IN THIS CASE THE ASSESSMENT WAS COMPLETED BY THE AO EX PAR TE TO THE BEST OF HIS JUDGMENT U/S 144 OF THE ACT. IN THE ASSESSMENT I N THE ABSENCE OF ANY REPLY FROM THE ASSESSEE AND ON THE BASIS OF INFORMATION A VAILABLE ON RECORD THE AO TREATED THE AMOUNT OF RS.43 50 000/- AS AN UNEXP LAINED INVESTMENT MADE BY THE ASSESSEE IN MUTUAL FUNDS ON VARIOUS DATES. 4. ON AN APPEAL LEARNED CIT(A) HAS DELETED THE ADD ITION AFTER CONSIDERING VARIOUS DOCUMENTS PRODUCED BY THE ASSES SEE BEFORE THE LEARNED CIT(A) EXPLAINING THE SOURCE OF INVESTMENT MADE IN MUTUAL FUNDS. THE ASSESSEE ALSO STATED BEFORE THE LEARNED CIT(A) THAT THE INVESTMENT MADE BY THE ASSESSEE WAS ONLY OF RS.24 50 000/- DURING FINA NCIAL YEAR 2005-06 AND NOT RS.43 50 000/-. HOWEVER WHILE CONSIDERING THE VARIOUS DETAILS AND DOCUMENTS FILED BY THE ASSESSEE BEFORE THE CIT(A) THE LEARNED CIT(A) HAS FAILED TO PROVIDE ANY OPPORTUNITY TO THE AO TO EXAM INE THOSE DETAILS AND PAPERS AND TO GIVE HIS COMMENTS THEREUPON AS WAS RE QUIRED UNDER RULE 46A(3) OF THE ACT. IN OTHER WORDS THE CIT(A) HAS ADMITTED THE ADDITIONAL EVIDENCES IN VIOLATION OF SPECIFIC PROVISIONS CONTA INED IN RULE 46A(3) OF THE ACT WITHOUT GIVING ANY OPPORTUNITY TO THE AO TO HAV E HIS SAY IN RESPECT OF THOSE DOCUMENTS AND PAPERS FILED BY THE ASSESSEE. IN THESE CIRCUMSTANCES WE SET ASIDE THE ORDERS OF THE AUTHORITIES BELOW AN D RESTORE THE MATTER BACK 4 TO THE FILE OF THE AO FOR HIS FRESH ASSESSMENT AFTE R EXAMINING AND VERIFYING ALL THE DETAILS AND DOCUMENTS THAT MAY BE PRODUCED BY THE ASSESSEE BEFORE HIM. WE DO HEREBY DIRECT THE ASSESSEE TO FURNISH A L THE RELEVANT DOCUMENTS AND PAPERS BEFORE THE AO IN SUPPORT OF HIS CASE WI THIN TWO MONTHS FROM THE END OF THE MONTH IN WHICH THIS ORDER OF THE TRIBUNA L IS RECEIVED BY THE ASSESSEE. THE ASSESSEE SHALL ALSO PRODUCE OR CAUSE TO BE PRODUCED ALL OTHER DETAILS AND EXPLANATIONS AS MAY BE REQUIRED BY THE AO DURING THE FRESH ASSESSMENT PROCEEDINGS. THE AO SHALL PROVIDE ADEQU ATE AND REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE WHILE MA KING THE FRESH ASSESSMENT IN PURSUANCE TO DIRECTIONS GIVEN HEREIN. WE ORDER ACCORDINGLY. 5. IN THE CROSS OBJECTION THE ASSESSEE HAS MERELY SUPPORTED THE ORDER OF LEARNED CIT(A). IN THE LIGHT OF OUR ABOVE ORDER PA SSED IN APPEAL OF THE REVENUE THE CROSS OBJECTION FILED BY THE ASSESSEE HAS BECOME REDUNDANT. EVEN OTHERWISE THE CROSS OBJECTION FILED BY THE AS SESSEE IS OTHERWISE NOT MAINTAINABLE INASMUCH AS IT IS FILED MERELY IN SUP PORT OF THE ORDER OF CIT(A) IN DELETING THE ADDITION OF RS.43 50 000/- B EING ALLEGED UNEXPLAINED INVESTMENT IN MUTUAL FUNDS. 6. THE CROSS OBJECTION FILED BY THE ASSESSEE STANDS REJECTED AS INFRUCTUOUS. 5 7. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S TREATED TO BE ALLOWED IN THE MANNER AS INDICATED ABOVE AND THE CROSS OBJECTI ON FILED BY THE ASSESSEE IS DISMISSED AS INFRUCTUOUS. 8. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT O N 12 TH MAY 2010 IMMEDIATELY AFTER THE HEARING WAS OVER IN THE PRESE NCE OF BOTH THE PARTIES. (K.G. BANSAL) (C.L . SETHI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12 TH MAY 2010 VIJAY COPY TO: 1. APPELLANT. 2. RESPONDENT. 3. CIT 4. CIT(A)-XXX NEW DELHI 5. DR ASSISTANT REGISTRAR