ITO, New Delhi v. Sh. Rajan Chanana, New Delhi

ITA 2300/DEL/2013 | 2009-2010
Pronouncement Date: 11-04-2014 | Result: Dismissed

Appeal Details

RSA Number 230020114 RSA 2013
Assessee PAN AADPC7827Q
Bench Delhi
Appeal Number ITA 2300/DEL/2013
Duration Of Justice 11 month(s) 23 day(s)
Appellant ITO, New Delhi
Respondent Sh. Rajan Chanana, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 11-04-2014
Appeal Filed By Department
Order Result Dismissed
Bench Allotted F
Tribunal Order Date 11-04-2014
Date Of Final Hearing 09-04-2014
Next Hearing Date 09-04-2014
Assessment Year 2009-2010
Appeal Filed On 18-04-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI BEFORE SH. R. S. SYAL AM AND SH. A. T. VARKEY JM ITA NO. 2300/DEL/2013 : ASS TT. YEAR : 2009-10 INCOME TAX OFFICER WARD 33(3) ROOM NO. 1609 E-2 CIVIC CENTRE NEW DELHI VS SHRI RAJAN CHANANA 31/18 EAST PATEL NAGAR NEW DELHI-110008 (APPELLANT) (RESPONDENT) PAN NO. AADPC7827Q ASSESSEE BY : SHRI J. M. KALRA REVENUE BY : MS ME ENAKSHI VOHRA DATE OF HEARING : 9.4.2014 DATE OF PRONOUNCEMENT : 11.4.2014 ORDER PER R. S. SYAL AM: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 8.1.2013 IN RELATION TO THE ASSESSMENT YE AR 2009-10. 2. THE ONLY GROUND RAISED IS AGAINST THE DELETION O F ADDITION OF RS. 26 50 000/- MADE BY THE A.O U/S 68 OF THE ACT. BRIE FLY STATED THE FACTS OF THE CASE ARE THAT THE ASSESSEE HAD SHOWN CERTAIN UN SECURED LOAN IN HIS BALANCE SHEET. THE PRESENT DISPUTE IS AGAINST THE A DDITION OF RS. 26.50 LACS TOWARDS LOANS RECEIVED BY THE ASSESSEE FROM TH E FOLLOWING PERSONS DETAILED AS UNDER : - ITA NO. 2300/DEL/2013 PUN JAB NATIONAL BANK 2 SUMMARY CHART OF LOANS RECEIVED DURING THE YEAR SL. NO. NAME OF THE PERSON OP. BALANCE ADDITIONS REPAYMENTS CL BALANCE 1. SH. AVINASH SHARMA 0.00 5 00 000.00 5 00 000.00 0.00 2. SH. MANVIN SINGH 0.00 2 00 000.00 2 00 000.00 0.00 3. SH. SATINDER SINGH 0.00 2 00 000.00 2 00 000.00 0.00 4. SMT. ABHILASHA CHANANA 3 95 000.00 17 50 000.00 2 00 000.00 19 45 000.00 3. THE ASSESSEE DID NOT FURNISH BALANCE SHEET IN RE SPECT OF THE UNSECURED LOANS OF RS. 17.5 LACS FROM SMT. ABHILISH A. IN THE ABSENCE OF SUCH BALANCE SHEET THE ASSESSING OFFICER OPINED TH AT THE CREDIT WORTHINESS OF SUCH CREDITOR WAS NOT CAPABLE OF ASCE RTAINMENT. AS REGARDS LOANS OF RS. 2 LACS RECEIVED FROM MANVIN THE ASSE SSEE DID NOT FURNISH HIS BALANCE SHEET OR INCOME TAX RETURN WHICH LED TH E ASSESSING OFFICER TO MAKE ADDITION U/S 68. SIMILAR IS THE POSITION AB OUT LOAN OF RS. 5 LACS RECEIVED FROM SHRI AVINASH AND RS. 2 LACS FROM SHRI SATINDER WHOSE BALANCE SHEETS WERE NOT PRODUCED. THAT IS HOW THE A SSESSING OFFICER MADE ADDITION OF RS. 26.50 LACS U/S 68 OF THE ACT. IN THE FIRST APPEAL IT WAS ARGUED ON BEHALF OF THE ASSESSEE THAT ALL THE R ELEVANT DETAILS INCLUDING THE BANK STATEMENTS AND THE PERMANENT ACC OUNT NUMBERS OF THESE LENDERS WERE FURNISHED BEFORE THE ASSESSING O FFICER. RELEVANT DISCUSSION IS CONTAINED IN PAGE 6 OF THE IMPUGNED O RDER. IT WAS ALSO CONTENDED THAT THE ASSESSEE VIDE LETTER DATED 15.12 .2011 REQUESTED THE ITA NO. 2300/DEL/2013 PUN JAB NATIONAL BANK 3 ASSESSING OFFICER TO ISSUE SUMMONS TO THESE PARTIES IF HE WANTED TO CARRY OUT FURTHER INVESTIGATION. CONVINCED WITH THE ASSESSEES SUBMISSIONS THE LD. CIT(A) DELETED THE ADDITION. THE REVENUE IS AGGRIEVED AGAINST SUCH DELETION OF ADDITION. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PER USED THE RELEVANT MATERIAL ON RECORD. THE BENCH DIRECTED LD. DR DURIN G THE COURSE OF LAST HEARING TO PRODUCE RECORD OF THE ASSESSING OFFICER FOR VERIFYING THE CORRECTNESS OF THE RECORDING OF FACTS BY THE LD. CI T(A) IN DELETING THIS ADDITION. TODAY THE LD. DR BROUGHT THE ASSESSMEN T RECORD. FROM SUCH RECORDS IT CAN BE SEEN THAT THE ASSESSEE DID FURN ISH BANK STATEMENT OF SHRI MANVIN SINGH. NOT ONLY THAT. ADDRESS OF SHRI MANVIN SINGH ALONG WITH CONFIRMATION AND PAN WAS ALSO GIVEN TO THE ASS ESSING OFFICER. AS REGARDS SHRI AVINASH SHARMA THE AMOUNT WAS RECEIV ED THROUGH BANKING CHANNEL. ADDRESS AND PAN OF THE LENDER GIVING CONFI RMATION LETTER WAS ALSO FILED. EVEN COPY OF BANK STATEMENT AND INCOME TAX RETURN OF SHRI AVINASH SHARMA WAS PLACED BEFORE THE ASSESSING OFFI CER. IN SO FAR AS SHRI SATINDER IS CONCERNED HIS CONFIRMATION GIVIN G FULL ADDRESS AS WELL AS PAN WAS ALSO FURNISHED. EVEN COPY OF BANK ACCOUN T FROM WHICH SUCH LOAN WAS GIVEN AND RETURNED WAS ALSO PLACED ON RECO RD BEFORE THE ASSESSING OFFICER. AS REGARDS SMT. ABHILASHA CHANAN A A COPY OF BANK STATEMENT AND COPY OF INCOME TAX RETURN WERE FILED. THE NARRATION OF THE ABOVE FACTS AMPLY PROVES THAT THE ASSESSEE PROD UCED REASONABLE EVIDENCE BEFORE THE ASSESSING OFFICER TO SUBSTANTIA TE HIS CLAIM ABOUT THE ITA NO. 2300/DEL/2013 PUN JAB NATIONAL BANK 4 GENUINENESS OF THE UNSECURED LOANS RECEIVED FROM TH ESE FOUR PARTIES. THEREAFTER THE ASSESSEE REQUESTED VIDE ITS LETTER DATED 15.12.2011 THAT IF THE A.O WAS NOT SATISFIED HE MAY ISSUE SUMMONS TO THE ABOVE PARTIES. NOTHING OF THE SORT WAS DONE BY THE ASSESSING OFFIC ER WHO SIMPLY CHOSE TO MAKE ADDITION BY IGNORING OVERWHELMING DET AILS FURNISHED BY THE ASSESSEE TO PROVE THE GENUINENESS OF THESE CRED ITORS. FINDING NOTHING WRONG WITH THE IMPUGNED ORDER WE UPHOLD THE SAME. 5. IN THE RESULT THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11/4/2014. SD/- SD/- (A. T. VARKEY) (R. S . SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 11/4/2014 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR