Income Tax Appellate Tribunal - Delhi
Ram Avtar Bansal, New Delhi vs Ito, Ward- 61(2), New Delhi on 12 May, 2020
1 ITA No. 2633/Del/2019
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH: 'I(2) + SMC-1' NEW DELHI
BEFORE MS SUCHITRA KAMBLE, JUDICIAL MEMBER,
AND
SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER
ITA No. 2633/DEL/2019 ( A.Y 2011-12)
Ram Avtar Bansal Vs ITO
C-2/23, West Enclave, Pitampura, Ward-61(2)
New Delhi PIN: 110034 New Delhi
PAN: AAIPB0755D
(RESPONDENT)
(APPELLANT)
Appellant by Sh. R. A. Bansal, CA
Respondent by Sh. Pradeep Singh Gautam,
Sr. DR
Date of Hearing 05.03.2020
Date of Pronouncement 12.05.2020
ORDER
PER SUCHITRA KAMBLE, JM
This appeal is filed by the assessee against the order dated 21/02/2019 passed by CIT(A)-20 for Assessment Year 2011-12.
2. The grounds of appeal are as under:-
"1. That the assessment order passed by Ld. ITO is illegal, bad in law and not maintainable or the feet and circumstance of the case.
2. That the assessee has explained source of funds of Rs. 38,57,500/- in the first; which belongs to my mother as first applicant in joint SB A/C with UCO bank of Kirti Nagar, New Delhi-110015 regarding cash deposited in various dates.2 ITA No. 2633/Del/2019
3. That the Ld. Assessing Officer has not provided sufficient opportunity to the assessee. No registered notice was sent to the assessee while making addition of Rs.38,31,000/- on account of cash deposit after providing written submission as on 14/12/2017.
4. Out of total alleged sum of Rs. 38,31,300/-, Rs. 18,94,000/- was received from Smt. Sheela Jain as part payment as advance against property out of Rs. 30,94,000/- and Rs. 19,37,000/- was advance against another property from Sh. O. P. Sagwan as part payment of Rs.42,00,000/-. The Ld. Previous Assessing Officer wrote confirmatory letter to the concerned buyers who replied accordingly, as on 27/02/2014, 10/03/2014 and 14/3/2014.
Subsequently the undersigned has repaid the same to the buyers for buying peace of mind and avoid litigation."
3. The assessee is a practicing Chartered Accountant and filed income tax return declaring income of Rs. 2,58,100/- and derived salary/interest from its partnership firm M/s R A Bansal and Company and income from other sources. The Assessing Officer assessed the income of Rs. 40,89,100/- by adding a sum of Rs. 38,31,000/- on account of unexplained income which pertains to cash deposit in UCO Bank. During the Financial Year 2010-11, regarding cash deposit of Rs.38,31,000/-. The assessee submitted before the Assessing Officer that the assessee is having joint saving bank account with his mother and his mother is the first applicant and the assessee is a second joint applicant. The assessee submitted that out of total sum of Rs. 38,31,000/-, amount of Rs. 18,94,000/- was received from Smt. Sheela Jain as advanced payment in respect of agreement to sale dated 1/4/2010. The assessee further submitted before the Assessing Officer that Rs. 19,37,000/- was received as advanced against agreement of sale deed dated 3/3/2011 and house from Shri O. P. Sangwan out of total amount of Rs. 42 lacs. The Assessing Officer called the details of buyers and also wrote letters to the buyers. The written replies of 3 ITA No. 2633/Del/2019 the buyers were before the Assessing Officer received on 27/2/2014 and 10/3/2014. In the meantime, the assessee repaid the entire sum of advance taken from both the parties and also submitted their affidavit regarding satisfaction of dues and cancellation of agreement of sale of properties.
4. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee, upon which the assessee preferred appeal before the Tribunal wherein the Tribunal vide order dated 2/2/2017, remanded back the matter to the file of the Assessing Officer for fresh adjudication.
5. Thereafter the Assessing Officer on 22/12/2017 passed a fresh assessment order thereby sustaining the additions of Rs. 18,94,000/-and Rs. 19,37,000/-.
6. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee.
7. The Ld. AR submitted that the Assessing Officer as well as the CIT(A) has totally ignored the directions given by the Tribunal wherein it is clearly stated that the matter requires examination at the level of Assessing Officer as the assessee has attached the documentary evidence which is after the passing of the assessment order which was not before the Assessing Officer and the said evidence established the creditworthiness of the creditors. The Ld. AR further submitted that the Assessing Officer has not at all discussed the evidence in the remand proceedings.
8. The Ld. DR relied upon the assessment order and the order of the CIT(A).
9. We have both the parties and perused the material available on record. After going through the assessment Order and the order of the CIT(A), it can be 4 ITA No. 2633/Del/2019 seen that as per the directions of the Tribunal vide order dated 02.02.2017, the Assessing Officer has to take proper cognizance of the documentary evidences produced before the CIT(A) at that stage. But while passing the fresh Assessment Order, the Assessing Officer has not given any clear findings as relating to the documentary evidence produced by the Assessee. Therefore, it will be appropriate to remand back this matter to the file of the Assessing Officer to adjudicate the matter a fresh in light of the documentary evidences produced by the assessee. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice. The appeal of the assessee is partly allowed for statistical purpose.
10. In result, the appeal of the assessee is partly allowed for statistical purpose.
Order pronounced on this 12th Day of May, 2020.
Sd/- Sd/-
(PRASHANT MAHARISHI) (SUCHITRA KAMBLE)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 12/05/2020
R. Naheed
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
ITAT NEW DELHI
5 ITA No. 2633/Del/2019
Date of dictation 09.03.2020
Date on which the typed draft is placed before the 11.03.2020 dictating Member Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr. PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr. PS/PS Date on which the final order is uploaded on the 13.5.2020 website of ITAT Date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order