Mr. Vinod Puri, New Delhi v. ITO, New Delhi

ITA 5216/DEL/2010 | 2007-2008
Pronouncement Date: 18-11-2011 | Result: Allowed

Appeal Details

RSA Number 521620114 RSA 2010
Assessee PAN AHAPP4653K
Bench Delhi
Appeal Number ITA 5216/DEL/2010
Duration Of Justice 11 month(s) 24 day(s)
Appellant Mr. Vinod Puri, New Delhi
Respondent ITO, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 18-11-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted H
Tribunal Order Date 18-11-2011
Date Of Final Hearing 03-11-2011
Next Hearing Date 03-11-2011
Assessment Year 2007-2008
Appeal Filed On 24-11-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : H : NEW DELHI BEFORE SHRI I.P. BANSAL JUDICIAL MEMBER AND SHRI K.G. BANSAL ACCOUNTANT MEMBER ITA NO.5216/DEL/2010 ASSESSMENT YEAR : 2007-08 VINOD PURI C/O M/S SATPAL & CO. 75 JANPATH NEW DELHI. PAN : AHAPP4653K VS. ITO WARD 31 (2) NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SATISH AGGARWAL CA REVENUE BY : SHRI B.R.R. KUMAR SR.DR ORDER PER I.P. BANSAL JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE. IT IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT (A) DATED 20 TH SEPTEMBER 2010 FOR ASSESSMENT YEAR 2007-08. 2. THE ASSESSEE IS AN INDIVIDUAL AND HAS DECLARED INCOME FROM TRADING OF KASHMIRI SHAWLS FERANS AND OTHER KASHMIRI CL OTHES. HE FILED HIS RETURN OF INCOME AT ` 2 63 695/-. THE ASSESSING OFFI CER NOTICED THAT THERE WERE SUNDRY CREDITORS OF ` 1 06 62 882/-. THE ASSESSEE WAS REQUIRED TO EXPLAIN AND AFTER MAKING INQUIRIES THE A SSESSING OFFICER ADDED A SUM OF ` 84 20 486/- TO THE RETURNED INCOME AND HAS ASSESSED THE INCOME OF THE ASSESSEE AT ` 86 84 180/-. AN APPEAL WAS FILED BEFORE THE CIT (A). ON VARIOUS DATES THE ASSESSEE SOUGHT ADJOURNMENTS AND ON THE LAST ADJOURNED DATE I.E. ON 30 TH SEPTEMBER ITA NO.5216/DEL/2010 2 2010 THE ASSESSEE DID NOT APPEAR THEREFORE LEARNED C IT (A) HAS PASSED AN EX PARTE ORDER WHEREBY HE HAS SUSTAINED THE PA RT ADDITION TO THE EXTENT OF ` 44 10 499/- BY GIVING THE RELIEF OF ` 40 18 489/- IN RESPECT OF THREE PARTIES WHOSE PAN WERE SUBMITTED BY TH E ASSESSEE. 3. IN GROUND NO.1 THE ASSESSEE HAS CHALLENGED THE ORDER OF THE CIT (A) ON THE GROUND THAT IT HAS BEEN PASSED WITHOUT AFFO RDING A REASONABLE AND MEANINGFUL OPPORTUNITY TO THE ASSESSEE. IN OTHER GROUNDS THE ASSESSEE HAS AGITATED THE ADDITIONS SUSTAINED B Y LEARNED CIT (A). 4. IT WAS SUBMITTED BY THE LEARNED AR THAT CIT (A) D ID NOT PROVIDE EFFECTIVE OPPORTUNITY OF HEARING TO THE ASSESSEE. HE SUB MITTED THAT MANY OF THE CONFIRMATIONS HAVE NOW BEEN OBTAINED BY THE ASSESSEE. THE LEARNED AR WAS REQUIRED TO EXPLAIN THAT WHETHER THESE CONFIRMATIONS ARE OBTAINED BY THE ASSESSEE AFTER THE ORD ER OF THE CIT (A). IT WAS SUBMITTED BY HIM: YES THE CONFIRMATIONS ARE RECEIVED BY THE ASSESSEE AFTER THE ORDER OF THE CIT (A). 5. IN THIS VIEW OF THE SITUATION AFTER HEARING BOTH THE PARTIES WE ARE OF THE OPINION THAT IT IS A FIT CASE WHERE THE MA TTER CAN BE RESTORED BACK TO THE FILE OF THE CIT (A) WITH A DIRECTION TO PROVIDE THE ASSESSEE A REASONABLE AND SUFFICIENT OPPORTUNITY OF REPRESENTING HIS CASE AND THEREAFTER RE-ADJUDICATE THE ISSUE REGARDING ADDITIO NS RAISED BEFORE HIM. WE THEREFORE RESTORE THE ISSUE RAISED IN THE PR ESENT APPEAL TO THE FILE OF THE CIT (A) FOR RE-ADJUDICATION AFTER G IVING THE ASSESSEE A REASONABLE OPPORTUNITY OF HEARING IN THE MANNER AFOR ESAID. SINCE WE HAVE RESTORED THE APPEAL TO THE FILE OF CIT (A) WE DO NOT EXPRESS ANY OPINION ON THE MERITS WHICH WILL BE RE-ADJUDICATED B Y THE LEARNED CIT (A). ITA NO.5216/DEL/2010 3 6. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS TRE ATED AS ALLOWED FOR STATISTICAL PURPOSES. THE ORDER PRONOUNCED IN THE OPEN COURT ON 18.11.20 11. SD/- SD/- [K.G. BANSAL] [I.P. BANSAL] ACCOUNTANT BANSAL JUDICIAL MEMBER DATED 18.11.2011. DK COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT TRUE COPY BY ORDER DEPUTY REGISTRAR ITAT DELHI BENCHES