Rajendra Kumar Aggarwal, New Delhi v. ITO, New Delhi

ITA 1103/DEL/2010 | 2006-2007
Pronouncement Date: 19-03-2010 | Result: Allowed

Appeal Details

RSA Number 110320114 RSA 2010
Assessee PAN AEZPA3001J
Bench Delhi
Appeal Number ITA 1103/DEL/2010
Duration Of Justice 7 day(s)
Appellant Rajendra Kumar Aggarwal, New Delhi
Respondent ITO, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 19-03-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted F
Tribunal Order Date 19-03-2010
Assessment Year 2006-2007
Appeal Filed On 12-03-2010
Judgment Text
ITA NO. 1103/DEL/2010 A.Y. 2006-07 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI BEFORE SHRI C.L. SETHI JUDICIAL MEMBER AND SHRI SHAMIM YAHYA ACCOUNTANT MEMBER ITA NO. 1103/DEL/2010 A.Y. 2006-07 SH. RAJENDRA KUMAR AGGARWAL VS. ITO WARD 36(4) . C-2/59-60 NEW KONDLI NEW DELHI DDA COLONY NEW DELHI 110 060 (PAN: AEZPA 3001J) [APPELLANT] (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : MS. BANITA DEVI NAREON SR. DR ORDER PER SHAMIM YAHYA AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT(A) DATED 15.09.2009 AND PERTAINS TO ASSESSMENT YEAR 2 006-07. 2. THE ISSUE RAISED IS THAT THE LD. CIT(A) ERRED I N CONFIRMING THE AOS ORDER PASSED U/S 144 OF THE IT ACT CREATING DEMAND OF RS . 1 93 950/-. 3. THE ASSESSEE IN THIS CASE HAS FILED RETURN DECLA RING AN INCOME OF RS. 1 01 990/- ON 5.7.2006. THE CASE WAS SELECTED FOR SCRUTINY. AO HAS OBSERVED THAT ASSESSEE HAS SHOWN INCOME FROM HOUSE PROPERTY OF RS. 58 800/- AND BUSINESS INCOME FROM ATTA CHAKKI AT RS. 56 200/-. PERUSAL OF THE ASSESSEES BANK ACCOUNT REVEALED THAT THERE WERE CASH DEPOSITS OF RS. 5 39 000/-. AO OBSERVED THAT DESPITE GIVEN OPPORTUNITY ASSESSEE HAS NOT E XPLAINED THE SOURCE OF SUCH CREDITS. HENCE HE TREATED THE SAME AS UNDISCLOSED INCOME OF THE ASSESSEE. ITA NO. 1103/DEL/2010 A.Y. 2006-07 2 4. BEFORE THE LD. CIT(A) IT WAS EXPLAINED THAT RS. 3 50 000/- WAS RECEIVED FROM ONE RELATIVE FOR ISSUING CHEQUE IN FAVOUR OF THE HO USING SOCIETY. THE BALANCE AMOUNT OF RS. 1 89 000/- WERE FROM DEBTORS FROM E ARLIER CLOSED BUSINESS. LD. CIT(A) DID NOT FIND THIS EXPLANATION CONVINCING AND CONFIRMED THE AOS ORDER. 5. WE HAVE PERUSED THE RECORDS AND HEARD THE LD. D R. NO ONE APPEARED ON BEHALF OF THE ASSESSEE. WE FIND THAT ASSESSEE HAS EXPLAINED BEFORE THE LD. CIT(A) THAT HE WAS NOT IN A POSITION TO APPEAR BEFORE THE AO BECAUSE OF ILLNESS. ASSESSEES SUBMISSION ON MERITS BEFORE THE LD. CIT( A) HAS NOT BEEN PROPERTY DEALT WITH. AS A MATTER OF FACT LD. CIT(A) HAS NOT AT A LL DEALT WITH THE EXPLANATION GIVEN WITH REGARD TO RS. 1 89 000/-. UNDER THE CIRCUMST ANCES WE CONSIDER IT FIT TO REMIT THE ISSUE TO THE FILES OF THE AO. ASSESSING OFFICER IS DIRECTED TO EXAMINE THE ISSUE AFRESH AFTER GIVING THE ASSESSEE ADEQUATE OPP ORTUNITY OF BEING HEARD. 6. IN THE RESULT THE APPEAL FILED BY THE ASSESSE E STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 19/03/201 0 UPON CONCLUSION OF THE HEARING. SD/- SD/- [C.L. SETHI] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATE 19/03/2010 SRB COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. D R ITAT TRUE COPY DEPUTY REGISTRAR ITAT DELHI BENCHES