Rakesh Chandra Tiwari Kichha v. Ito Ward 1 5 Rudrapur

In The Income Tax Appellate Tribunal Delhi Benches Smc New Delhi Before Shri R S Syal Vice President Ita No 5785 Del 2017 Assessment Year 2012 13 Rakesh Chandra Tiwari Kichha C M S Rra Tax India D 28 South Extension Part 1 New Delhi 110049 Pan Anrpt 5266 F Vs Ito Ward 1 5 Rudrapur Assessee By Shri Somil Agarwal Shri Deepesh Garg Advocates Deptt By Shri Amit Jain Sr Dr Date Of Hearing 20 12 2017 Date Of Pronouncement 21 12 2017 Order This Appeal By The Assessee Arises Out Of The Order Passed By The Cit A On 19 12 2016 In Relation To The Asse Ssment Year 2012 13 Ita No 5785 Del 2017 2 2 There Is A Delay Of 162 Days In Presenting The A Ppeal Before The Tribunal The Assessee Has Filed An Appl Ication For Codonation Of The Delay I Am Satisfied With The Re Asons For Such Delay As Such The Delay Is Condoned And The Appeal Is Admitted For Hearing 3 Succinctly The Factual Matrix Of The Case Is Th At The Assessee Made Certain Deposits In The Bank Accounts The Explanation Tendered In Support Of The Source Of De Posits Was Not Accepted By The Assessing Officer Which Led To The Addition Of Rs 25 Lac In Addition A Further Sum Of Rs 1 51 319 Was Added Towards Interest Income T His Action Was Taken By The Assessing Officer U S 147 Read Wit H Section 144 The Assessee Challenged Inter Alia The Initiation Of Reassessment Proceedings Before The Ld Cit A Gr Ound No 1 Of The Assessees Appeal Before The Ld Cit A As Reproduced In The Impugned Order Is An Assail To The Initiati On Of Reassessment Proceedings It Is Seen That The Ld Cit A Did Ita No 5785 Del 2017 3 Not Dispose Of This Ground And Simply Proceeded To Deal With The Appeal On Merits Allowing Part Relief The Ld Ar Contended And Rightly So That Since The Ground Ch Allenging The Initiation Of Reassessment Proceedings Was Not Dealt With By The Ld Cit A The Matter Should Be Restored To His File I Therefore Set Aside The Impugned Order And Remit T He Matter To The File Of Ld Cit A For Dealing With The Assesse Es Ground Against The Initiation Of Reassessment Proceedings In Such Proceedings The Ld Cit A Would Also Take Into Co Nsideration The Contentions Regarding The Sustenance Of Additio N On Merits If Warranted 4 In The Result The Appeal Of The Assessee Is All Owed For Statistical Purposes Order Pronounced In The Open Court On 21 12 2017 Sd R S Syal Vice President Dated 21 St December 2017 Ita No 5785 Del 2017 4 Dk Copy Forwarded To 1 Appellant 2 Respondent 3 Cit 4 Cit A 5 Dr Itat Ar Itat New Delhi