ITO, New Delhi v. Ms. Mousumi Kapoor, Bengalore

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E: NEW DELHI BEFORE SHRI C.L. SETHI JUDICIAL MEMBER & SHRI SHAMIM YAHYA ACCOUNTANT MEMBER ITA NO. 732/DEL/2010 ASSESSMENT YEARS : 2006-07 INCOME TAX OFFICER WARD 46(1) 427 B MAYUR BHAWAN NEW DELHI VS. MS. MOUSUMI KAPOOR VILLA 6 PHASE I ADARSH PALAM MEADOWS RAMAGONDANHALLI BANGALORE APPELLANT RESPONDENT APPELLANT BY : SHRI G.S. SAHOT A SR. DR RESPONDENT BY : NONE O R D E R PER: C.L. SETHI J.M. THE REVENUE IS IN APPEAL AGAINST THE ORDER DATED 0 3.12.2009 PASSED BY THE LD. CIT(A) IN THE MATTER OF AN ASSESSMENT MADE U/S. 144 OF THE INCOME TAX ACT 1961 (THE ACT) BY THE AO FOR THE A.Y. 20 06-07. 2. IN THE GROUNDS THE REVENUE HAS CONTENDED THAT T HE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS. 36 00 000/- B Y ADMITTING THE FRESH EVIDENCES PRODUCED BY THE ASSESSEE WITHOUT RECORDIN G THE REASONS FOR ADMITTING THE EVIDENCES AND WITHOUT GIVING ANY OPPO RTUNITY TO THE AO. 3. WE HAVE HEARD THE LD. DR. NONE FOR THE ASSESSEE WAS PRESENT. 4. ON PERUSAL OF THE CIT(A)S ORDER IT IS SEEN THAT THE CIT(A) HAS DELETED THE ADDITION BY SAYING THAT THE INVESTMENT OF RS. 3 6 00 000/- IN MUTUAL FUND HAS ACTUALLY BEEN MADE BY THE ASSESSEES HUSBAND AS WOULD BE CLEAR FROM THE HUSBANDS RETURN OF INCOME FILED FOR THE A.Y. 2006- 07. IT IS THUS CLEAR THAT ITA NO. 732/DEL/2010 PAGE 2 OF 2 THE CIT(A) HAS TAKEN INTO ACCOUNT THE EVIDENCES FIL ED BEFORE HIM FOR THE FIRST TIME. WE THEREFORE RESTORE THE MATTER BACK TO TH E FILE OF THE AO FOR HIS FRESH ADJUDICATION AFTER ASCERTAINING AS TO WHETHER THE INVESTMENT OF RS. 36 00 000/- IN MUTUAL FUND HAS BEEN DISCLOSED BY TH E ASSESSEES HUSBAND IN HIS RETURN OF INCOME FOR THE A.Y. 2006-07 AND AFTE R ASCERTAINING AS TO WHETHER SOURCE OF INVESTMENT HAVE ACTUALLY BEEN PRO VIDED ALSO BY THE ASSESSEE. THE AO SHALL PROVIDE REASONABLE OPPORTUN ITY OF BEING HEARD TO THE ASSESSEE. THE ASSESSEE SHALL PRODUCE ALL NECESSARY EVIDENCES IN SUPPORT OF HER CASE BEFORE THE AO. WE ORDER ACCORDINGLY. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S TREATED TO BE ALLOWED FOR STATISTICAL PURPOSE. 6. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT O N 20 TH APRIL 2010 IMMEDIATELY AFTER THE HEARING WAS OVER. SD/- (SHAMIM YAHYA) ACCOUNTANT MEMBER SD/- (C.L. SETHI) JUDICIAL MEMBER DATED: 20 TH APRIL 2010 *NITASHA COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT NEW DELHI. BY ORDER DEPUTY REGISTRAR