Sh. Narender Vijay Singhal, New Delhi v. ITO, New Delhi

ITA 3527/DEL/2015 | 2009-2010
Pronouncement Date: 31-07-2015 | Result: Allowed

Appeal Details

RSA Number 352720114 RSA 2015
Assessee PAN AWBPS3021N
Bench Delhi
Appeal Number ITA 3527/DEL/2015
Duration Of Justice 1 month(s) 28 day(s)
Appellant Sh. Narender Vijay Singhal, New Delhi
Respondent ITO, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 31-07-2015
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC 1
Tribunal Order Date 31-07-2015
Date Of Final Hearing 31-07-2015
Next Hearing Date 31-07-2015
Assessment Year 2009-2010
Appeal Filed On 02-06-2015
Judgment Text
IN TH E INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC - I : NEW DELHI BEFORE SHRI R.S. SYAL ACCOUNTANT MEMBER ITA NO . 3527 /DEL/20 15 ASSESSMENT YEAR : 200 9 - 10 SH. NARENDER VIJAY SINGHAL C/O U.S. AGGARWAL 505 MAITRI APARTMENTS SEC - 09 ROHINI NEW DELHI PAN : AWBPS 3021 N VS. ITO WARD - 50(2) CIVIC CENTRE NEW DELHI. (APPELLANT ) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY: SHRI OM PRAKASH MEENA SR. DR DATE OF HEARING: 31.07.2015 DATE OF PRONOUNCEMENT: 31. 07.2015 ORDER TH IS APPEAL BY THE ASSESSEE ARISES OUT OF THE EX - PARTE ORDER PASSED BY THE CIT(A) - 17 ON 2 5 .0 5 .20 1 2 IN RELATION TO THE AY 200 9 - 10 . 2. THE ONLY ISSUE WHICH ARISE S IN THIS APPEAL IS AGAINST CONFIRMATION OF ADDITION OF 2 93 460/ - MADE BY THE ASSESSING OF FICER ON ACCOUNT OF CASH ITA NO. 3527 /DEL/20 15 2 DEPOSIT IN BANK FOR WHICH THERE WAS NO AP P ROP RIATE SOURCE IN THE OPINION OF THE AO . 3 . BRIEFLY STATED THE FACTS OF THE CASE ARE THAT THE ASSESSING OFFICER GOT AIR INFORMATION AS PER WHICH THE ASSESSEE DEPOSITED A SUM OF 15 40 20 0/ - IN HIS SAVING BANK ACCOUNT MAINTAINED WITH ORIENTAL BANK OF COMMERCE . O N BEING CALLED UPON T O EXPLAIN THE SOURCE OF CASH DEPOSIT IN THE BANK THE ASSESSEE SUBMITTED THAT SUCH DEPOSIT S WERE MADE OUT OF WITHDRAWALS MADE ON EARLIER DATES WHICH COULD NOT BE UTILIZED FOR CERTAIN REASON S AND HENCE THE AMOUNTS WERE REDEPOSIT ED IN THE SAID SAVING BANK ACCOU N T. THE ASSESSING OFFICER NOTICED THAT EVEN IF IT WAS INFERRED THAT ENTIRE INCOME WAS DEPOSITED IN THE BANK ACCOUNT THE CASH DEPOSIT COULD NOT HAVE EXCEED E D RS.12 46 740/ - . H E THEREFORE MADE ADDITION FOR THE REMAINING AMOUNT OF RS.2 93 460/ - (RS.15 40 200/ - MINUS RS. 12 46 740/ - ) . T HE ASSESSEE REMAINED ABSENT BEFORE THE LD. F IRST A PPELLATE A UTHORITY WHO UPHELD THE ADDITION. 4 . I HAVE HEARD THE LD. DR AND PERUSED THE RELEVANT MATERIAL ON RECORD. THERE IS NO APPEARANCE FROM THE SIDE OF THE ASSESSEE DESPITE NOTICE . A S SUCH I AM PROCEEDING TO DISPOSE OF THIS APPEAL EX - PARTE QUA THE ASSESSEE ON MERITS . ITA NO. 3527 /DEL/20 15 3 5 . IT IS OBSERVED THAT THE ASSESSEE CATEGORICALLY STATED BEFORE THE ASSESSING OFFICER THAT THE AMOUNT WAS DEPOSITED IN THE BANK OUT OF EARLIER CASH WITHDRAWALS WHICH COULD NOT BE UTILIZED FOR THE DES IRED PURPOSE. T HIS CONTENTION HAS NOT BEEN DE A LT WITH BY THE AUTHORITIES BELOW WHO HAVE SIMPLY GONE BY THE AMOUN T OF INCOME EARNED BY THE ASSESSEE AND DEPOSITED IN THE BANK ACCOUNT. AS THE ASSESSEE HAS CHOSEN TO REMAIN ABSENT BEFORE THE LD. CIT(A) AS WELL AS TRIBUNAL I AM OF THE CONSIDERED OPINION THAT THE ENDS OF JUSTICE WOULD MEET ADEQUATELY IF THE IMPUGNED ORD ER IS SET ASIDE AND THE MATTER IS RESTORED TO THE FILE OF ASSESSING OFFICER . I ORDER ACCORDINGLY AND DIRECT THE AO TO DEAL WITH THE ASSESSEE S CONTENTION ABOUT REDEPOSIT OF CASH WI THDRAWAL FROM THE BANK ACCOUNT AND THEN DECIDE THE ISSUE AFRESH AS PER LAW. NEEDLESS TO SAY THE ASSESSEE WILL BE ALLOWED A REASONABLE OPPORTUNITY OF HEARING. 6 . IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 31 ST JULY 201 5 . SD/ - (R.S. SYAL) ACCOUNTANT MEMBER DATED: 31 ST JULY 2015 AKS ITA NO. 3527 /DEL/20 15 4 COPY FORWARDED TO 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR DY. REGISTRAR ITAT NEW DELHI *