ITO, New Delhi v. M/s School of Planning & Architecture,, New Delhi

ITA 4699/DEL/2009 | 2005-2006
Pronouncement Date: 19-02-2010 | Result: Dismissed

Appeal Details

RSA Number 469920114 RSA 2009
Assessee PAN AAETS1697R
Bench Delhi
Appeal Number ITA 4699/DEL/2009
Duration Of Justice 2 month(s) 8 day(s)
Appellant ITO, New Delhi
Respondent M/s School of Planning & Architecture,, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 19-02-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted G
Tribunal Order Date 19-02-2010
Assessment Year 2005-2006
Appeal Filed On 11-12-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : G : NEW DELHI BEFORE SHRI G.E. VEERABHADRAPPA VICE PRESIDENT AND SHRI I.P. BANSAL JUDICIAL MEMBER ITA NO.4699/DEL/2009 ASSESSMENT YEAR : 2005-06 INCOME TAX OFFICER WARD 43(1)/DAO-67 NEW DELHI. VS. M/S SCHOOL OF PLANNING & ARCHITECTURE 4 BLOCK-B IP ESTATE NEW DELHI. PAN : AAETS1697R (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI S.K. SARKAR CA REVENUE BY : SHRI KISHORE B. DR ORDER PER I.P. BANSAL JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REVENUE. IT IS DI RECTED AGAINST THE ORDER OF THE CIT (A) DATED 14 TH SEPTEMBER 2009 FOR ASSESSMENT YEAR 2005-06. GROUN DS OF APPEAL READ AS UNDER:- (I) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE THE LD. CIT (A) XXX NEW DELHI HAS ERRED IN LAW AND ON THE FACTS IN DELETING ADDITION OF RS.15 38 956/- MADE BY THE AO ON ACCOUNT OF UNEXPLAINED CASH DEPOSITS IN BANK ACCOUN T OF THE ASSESSEE AS PER AIR INFORMATION. 2. AN EX PARTE ASSESSMENT U/S 144 WAS FRAMED VIDE ORDER DATED 31 ST DECEMBER 2007 WHEREIN INCOME OF THE ASSESSEE WAS A SSESSED AT A SUM OF RS.15 38 956/-. THE ASSESSMENT PROCEEDINGS WERE IN ITIATED ON THE BASIS OF AIR INFORMATION ACCORDING TO WHICH THE ASSESSEE HAD DEP OSITED A SUM OF RS.15 38 956/- IN THE STATE BANK OF INDIA DURING FI NANCIAL YEAR 2004-05. AN ITA NO.4699/DEL/2009 2 APPEAL WAS FILED BEFORE THE CIT (A) WHEREIN IT WAS SUBMITTED THAT ASSESSEE IS A SOCIETY AND IS CONDUCTING THE SCHOOL UNDER THE NAME AND STYLE OF SCHOOL OF PLANNING AND ARCHITECTURE. IT WAS ALSO MENTIONED T HAT THE ASSESSEE WAS ASKED TO EXPLAIN THE SOURCE OF DEPOSIT OF RS.15 38 956/- IN STATE BANK OF INDIA BUT NONE OF SUCH ENTRY IS EXISTING IN THE BANK ACCOUNT OF THE ASSESSEE MAINTAINED WITH STATE BANK OF INDIA AND THIS ALSO DOES NOT FIN D PLACE IN BOOKS OF ACCOUNT MAINTAINED BY THE ASSESSEE. A CERTIFICATE DATED 9 TH JANUARY 2008 WAS FILED BEFORE CIT (A) FROM STATE BANK OF INDIA (A COPY OF WHICH WAS PLACED BY LD. AR BEFORE US ALSO) ACCORDING TO WHICH IN THE BANK ACCO UNT NOS.17672 17637 AND 80077 MAINTAINED IN THE NAME OF THE ASSESSEE THERE WAS NO ENTRY OF RS.15 38 956/-. ON THE BASIS OF SUCH CERTIFICATE THE CIT (A) ASKED THE AO TO CHECK THE FACTS AND SEND HIS REPORT. THE AO SUBMIT TED IN HIS LETTER THAT ON THE BASIS OF INFORMATION RECEIVED FROM CIT (CIB) THE AS SESSEE HAD DEPOSITED A SUM OF RS.15 38 956/- IN THE STATE BANK OF INDIA DURING THE FINANCIAL YEAR 2004-05 RELEVANT TO ASSESSMENT YEAR 2005-06. IT IS RECORDE D IN THE ORDER OF CIT (A) THAT EVEN LETTER WAS WRITTEN TO ITO CIB ON 10 TH AUGUST 2009 AND EVEN AFTER A LAPSE OF ONE MONTH NO REPLY WHATSOEVER WAS RECEIVED EITHE R FROM AO OR ITO CIB. IT IS IN THESE CIRCUMSTANCES IN THE ABSENCE OF ANY SPECI FIC INFORMATION FURNISHED BY THE AO REBUTTING THE CONTENTION MADE BY THE ASSESSE E HE HAS DELETED THE ADDITION BY RELYING ON THE CERTIFICATE ISSUED BY TH E BANK. AGAINST THESE FINDINGS OF THE CIT (A) THE DEPARTMENT IS AGGRIEVED HENCE IN APPEAL. 3. LD. DR RELIED UPON THE ORDER OF THE AO AS AGAINS T THAT LD. AR HAS FILED BEFORE US COPY OF THE LETTER SUBMITTED TO CIT (A) F ROM STATE BANK OF INDIA AND PLEADED THAT THERE WAS NO SUCH ENTRY AS WAS ALLEGED BY THE AO AND THEREFORE THE CIT (A) IS RIGHT IN DELETING THE ADDITION. 4. WE HAVE CAREFULLY CONSIDERED THE RIVAL CONTENTIO NS IN THE LIGHT OF THE MATERIAL PLACED BEFORE US. EVEN TILL TODAY THE REV ENUE IS NOT ABLE TO BRING ANY MATERIAL ON RECORD THAT THERE WAS ANY SUCH DEPOSIT IN THE BANK ACCOUNTS OF THE ASSESSEE. AS AGAINST THAT THE ASSESSEE HAS SUBMITT ED A CERTIFICATE WHICH WAS ITA NO.4699/DEL/2009 3 FORWARDED BY CIT (A) TO AO AS WELL AS ITO CIB. AS AGAINST THOSE LETTERS NO DOCUMENT HAS BEEN SUBMITTED BY THE REVENUE TO SHOW THAT THE ADDITION WAS RIGHTLY MADE ON A CORRECT INFORMATION. THEREFORE WE SEE NO INFIRMITY IN THE ORDER OF THE CIT (A) VIDE WHICH THE IMPUGNED ADDITION HAS BEEN DELETED. WE DECLINE TO INTERFERE AND THE APPEAL FILED BY THE REVENUE IS DI SMISSED. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED. . THE ORDER PRONOUNCED IN THE OPEN COURT ON 19.02.20 10. SD/- SD/- [G.E. VEERABHADRAPPA] [I.P. BANSAL] VICE PRESIDENT JUDICIAL MEMBER DATED 19.02.2010. 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