SANDIP GULAB GOGAWALE,PUNE vs. ADDITIONAL JOINT COMMISSIONER OF INCOME TAX (APPEAL)-10-DELHI, DELHI

आदेश/ ORDER

PER DR. DIPAK P. RIPOTE, AM:

Condonation of delay : 2. There is a delay of 186 days in filing appeal before this Tribunal. Assessee filed an Affidavit. The contents of he Affidavit are reproduced as under :

2.1 We find sufficient and reasonable cause for Delay, hence the delay is condone.

Findings & Analysis : 3. In this case, Assessing Officer issued notice u/s.148 of the Act, dated 26.03.2018 for A.Y.2011-12, based on the information received from DDIT(Investigation), Pune regarding purchase of Flat by Assessee. The Assessing Officer has reproduced the reasons recorded for reopening in the assessment order. It is noted that Assessing Officer made addition of Rs.7 lakhs alleging that Assessee has made cash payments and assessee could not explain the source of the same. The DDIT(Investigation) has noted that assessee entered into registered sale deed on 04.05.2011 for sale of Flat No.5, Apsara Apartments, Lohegaon, Pune with Mr. Sumit Jabbal. Assessee has also filed copy of registered sale agreement with us. Thus, the sale deed took place in F.Y.2011-12, means A.Y.2012-13. However, Assessing Officer has made addition for A.Y.2011-12. The Assessing Officer has relied on a statement u/s.131 of the Act, of the Assessee recorded by DDIT(Investigation). However, Assessing Officer has not reproduced the statement in the Assessment Order. Assessing Officer has presumed that cash was paid in earlier assessment year. However, Assessee in his written submission has submitted that Rs.8 lakhs was paid in cash to Abhyuday Co-operative Bank, on 03.05.2011 where the Flat was mortgaged. Ld.DR has not rebutted these pleadings of the assessee. Assessee had also taken this plea during the assessment proceedings. However, the Assessing Officer has not bothered to verify the facts and made addition in A.Y.2011-12.