Sai Durga Aqua Mineral (P) Ltd.,, v. ITO, Ward-7(2),,

ITA 295/DEL/2006 | 1998-1999
Pronouncement Date: 28-01-2011 | Result: Allowed

Appeal Details

RSA Number 29520114 RSA 2006
Assessee PAN AABCS8166R
Bench Delhi
Appeal Number ITA 295/DEL/2006
Duration Of Justice 5 year(s)
Appellant Sai Durga Aqua Mineral (P) Ltd.,,
Respondent ITO, Ward-7(2),,
Appeal Type Income Tax Appeal
Pronouncement Date 28-01-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted F
Tribunal Order Date 28-01-2011
Date Of Final Hearing 20-01-2011
Next Hearing Date 20-01-2011
Assessment Year 1998-1999
Appeal Filed On 27-01-2006
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH F BENCH F BENCH F BENCH F : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G.E.VEERABHADRAPPA VICE PRESIDENT AND BEFORE SHRI G.E.VEERABHADRAPPA VICE PRESIDENT AND BEFORE SHRI G.E.VEERABHADRAPPA VICE PRESIDENT AND BEFORE SHRI G.E.VEERABHADRAPPA VICE PRESIDENT AND SHRI C.L.SETHI JUDICIAL MEMBER SHRI C.L.SETHI JUDICIAL MEMBER SHRI C.L.SETHI JUDICIAL MEMBER SHRI C.L.SETHI JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO S SS S . .. . 295/DEL/2006 & 644/DEL/2008 295/DEL/2006 & 644/DEL/2008 295/DEL/2006 & 644/DEL/2008 295/DEL/2006 & 644/DEL/2008 ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : 1998 1998 1998 1998 - -- - 99 9999 99 M/S SAI DURGA AQUA M/S SAI DURGA AQUA M/S SAI DURGA AQUA M/S SAI DURGA AQUA MINERAL (P MINERAL (P MINERAL (P MINERAL (P) )) ) LTD. LTD. LTD. LTD. G GG G- -- -6 UDYOG KUNJ 6 UDYOG KUNJ 6 UDYOG KUNJ 6 UDYOG KUNJ DASNA INDUSTRIAL AREA DASNA INDUSTRIAL AREA DASNA INDUSTRIAL AREA DASNA INDUSTRIAL AREA GHAZIABAD. GHAZIABAD. GHAZIABAD. GHAZIABAD. PAN NO. PAN NO. PAN NO. PAN NO.AABCS8166R. AABCS8166R. AABCS8166R. AABCS8166R. VS. VS. VS. VS. INCOME TAX OFFICER INCOME TAX OFFICER INCOME TAX OFFICER INCOME TAX OFFICER WARD WARD WARD WARD- -- -7(2) 7(2) 7(2) 7(2) NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI H.G.MALIK ADVOCATE. RESPONDENT BY : SHRI H.K.LAL SR.DR. ORDER ORDER ORDER ORDER PER C.L.SET PER C.L.SET PER C.L.SET PER C.L.SETHI HIHI HI J J J JM : M : M : M : THESE TWO APPEALS FILED BY THE ASSESSEE ARE DIRE CTED AGAINST TWO SEPARATE ORDERS DATED 28.11.2005 AND 2.1.2008 P ASSED BY LEARNED CIT(A) IN THE MATTER OF AN ASSESSMENT MADE U/S 143( 3)(II) OF THE INCOME-TAX ACT 1961 (THE ACT) AND ORDER OF PENALTY PASSED U/S 271(1)(C) OF THE ACT PERTAINING TO THE AY 1998-99. 2. IN THE QUANTUM APPEAL THE ASSESSEE HAS DISPUTED THE ADDITION OF `7 76 000/- REPRESENTING UNSECURED LOANS AND SHARE APPLICATION MONEY U/S 68 OF THE ACT. IN THE PENALTY APPEAL THE ASSE SSEE HAS DISPUTED THE PENALTY LEVIED BY THE AO IN RESPECT OF THE AFORESAI D ADDITION OF `7 76 000/- MADE BY THE AO IN THE ASSESSMENT. 3. WE HAVE HEARD BOTH THE SIDES AND HAVE CAREFULLY GONE THROUGH THE ORDERS OF AUTHORITIES BELOW. THE ADDITION OF ` 7 76 000/- HAS BEEN INCREASED TO `8 08 500/- BY THE LEARNED CIT(A) BY O BSERVING THAT AO SHOULD HAVE INCLUDED ALSO THE SUM OF `32 500/- IN R ESPECT OF ITA-295/D/2006 & 644/D/2008 2 MRS.G.K.SINGH. THEREFORE THE DISPUTE IS WITH REGA RD TO `8 08 500/- IN RESPECT OF THE DEPOSITS FROM THE FOLLOWING PERSONS: - SHRI SURINDER SINGH RS.2 50 000 SMT.G.K.SINGH RS.32 500 MRS.SHRANGILLA SHARMA RS.1 51 000 SHRI ANIS CHAWLA RS.1 00 000 SHRI B.K.SHARMA RS.2 50 000 MRS.MUNNI DEVI RS.15 000 SHRI HARI CHARAN RS.10 000 RS.8 08 500 4. IN THE COURSE OF HEARING OF THIS APPEAL IT WAS ASKED BY THE BENCH TO THE LEARNED COUNSEL FOR THE ASSESSEE WHETHER THE SE PERSONS WERE PRODUCED BEFORE THE AO TO PROVE THEIR IDENTITY CRE DITWORTHINESS AND GENUINENESS OF THE TRANSACTION AND IN REPLY THERET O THE ASSESSEE STATED THAT NO ONE WAS PRODUCED BEFORE THE AO. HOW EVER CONFIRMATIONS WERE SUBSEQUENTLY FILED BEFORE THE CI T(A). ON BEING ASKED WHETHER THE ASSESSEE IS READY TO PRODUCE THEM FOR EXAMINATION SO THAT THE MATTER CAN BE DECIDED IN THE RIGHT PERS PECTIVE THE LEARNED COUNSEL FOR THE ASSESSEE AGREED TO PRODUCE THE CRED ITORS BEFORE THE AO IN ORDER TO DISCHARGE THE ASSESSEES BURDEN THAT LA Y UPON IT WITHIN THE MEANING OF SECTION 68 OF THE ACT. WE THEREFORE R ESTORE THE MATTER BACK TO THE FILE OF THE AO FOR HIS FRESH ADJUDICATI ON DURING THE COURSE OF WHICH THE ASSESSEE SHALL PRODUCE ALL THE CREDITORS AND SHALL PRODUCE ALL THE DETAILS PARTICULARS AND EVIDENCES BEFORE T HE AO TO DISCHARGE THE ASSESSEES BURDEN U/S 68 OF THE ACT. THE AO SH ALL PROVIDE REASONABLE OPPORTUNITY TO THE ASSESSEE OF BEING HEA RD AND SHALL ALSO ISSUE NOTICE U/S 131 TO THE CREDITORS IN CASE ASSES SEE MAKES A REQUEST TO SECURE THEIR APPEARANCES BEFORE THE AO. WE ORDE R ACCORDINGLY. ITA-295/D/2006 & 644/D/2008 3 5. SINCE THE QUANTUM ADDITION HAS BEEN RESTORED BAC K TO THE FILE OF THE AO THE PENALTY LEVIED BY THE AO AT THIS STAGE HAS BECOME REDUNDANT AND IT IS SET ASIDE. AO SHALL BE AT LIBE RTY TO INITIATE PENALTY PROCEEDINGS IN THE COURSE OF FRESH ASSESSMENT PROCE EDINGS IN CASE HE IS SATISFIED THAT INGREDIENTS OF SECTION 271(1)(C) ARE ATTRACTED. 6. IN THE RESULT BOTH THE APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES IN THE MANNER AS INDICATED ABO VE. DECISION PRONOUNCED IN THE OPEN COURT ON 28 TH JANUARY 2011. SD/- SD/- (G.E.VEERABHADRAPPA (G.E.VEERABHADRAPPA (G.E.VEERABHADRAPPA (G.E.VEERABHADRAPPA ) )) ) (C.L.SETHI (C.L.SETHI (C.L.SETHI (C.L.SETHI ) )) ) VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER DATED : 28.01.2011. VK. COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT ASSISTANT REGISTRAR ITA-295/D/2006 & 644/D/2008 4