RAMESH NAGPAL,AJMER vs. ITO, AJMER

PER BHAGCHAND, AM

The assessee has filed an appeal against the order of the ld. CIT(A), Ajmer

dated 18-10-2016 for the assessment year 2012-13 raising therein following

grounds:- (i) In the facts & circumstances of the case, the ld. CIT(A), Ajmer has erred in not deleting the addition of Rs. 62,865/- u/s 14A wrongly invoking by the AO in the said section and incorrect calculation under rule 8 which is against law and natural justice and required to be deleted. (ii) In the facts & circumstances of the case, the ld. CIT(A), Ajmer has erred in not deleting the addition of Rs. 2,12,136/- under the head income from other sources made by the AO and the addition is unlawful, against the spirit of law and natural justice and the same is required to be deleted. 1

ITA No.3/JP/2017 Shri Ramesh Nagpal vs ITO, Ward- 1(2), Ajmer 2.1 During the course of hearing, none appeared on behalf of the assessee.

However, the written submission has been sent by the assessee through registered

post which has been taken into consideration while adjudicating upon the grounds

of appeal of the assessee.

3.1 Apropos Ground No. 1 and 2 of the assessee, the facts as emerges from the

order of the ld. CIT(A) is as under:-

‘’4.2 I have gone through the grounds of appeal, statements of facts and assessment order carefully. The appellant has not brought any evidence to show that the observation made by the AO in the assessment order while disallowing sum of Rs. 62,865/- u/s 14A and Rs. 2,12,136/- in respect of the interest paid on the funds not utilized for business purposes are wrong or inaccurate in any manner. The order passed by the AO is in accordance with the provisions of law. Accordingly, both the disallowance made by the AO are confirmed.

3.2 During the course of hearing, the ld. DR relied on the orders of the

authorities below

3.3 After hearing the ld. DR and perusing the materials available on record

including the written submission of the assessee, it is noted from the order of the

ld. CIT(A) that the assessee had not brought any evidence before the ld. CIT(A)

against the observation of the AO as to disallowance of Rs. 62,865/- u/s 14A and

Rs. 2,12,136/- of interest paid on the funds not utilized for business purposes.

However, the assessee has filed the written submission alongwith relevant papers

like balance Sheet of A.Y. 2012-013, 2011,012, Leger Account of shares of A.Y.

2012-13 and Ledger account of Mutual Fund of A.Y. 2012-13 before the Bench

ITA No.3/JP/2017 Shri Ramesh Nagpal vs ITO, Ward- 1(2), Ajmer rebutting the additions sustained by the ld. CIT(A) amounting to Rs. 62,865/- u/s 14A of the Act and Rs. 2,12,136/-. Looking to the present facts, circumstances of the case and the written submissions of the assessee, it will be in the interest of equity and justice to restore the issues raised by the assessee to the file of the ld. CIT(A) to decide it afresh by providing reasonable opportunity of being heard to the assessee. The assessee is directed to submit the above papers before the ld. CIT(A) as submitted before the bench through written submission to adjudicate upon the issues. Thus the appeal of the assessee is allowed for statistical purposes. 4.0 In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 6 /10/2017.

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