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Income Tax Appellate Tribunal, DELHI BENCHES ‘C’, NEW DELHI
Before: Sh. H. S. SidhuDr. B. R. R. Kumar
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES ‘C’, NEW DELHI Before Sh. H. S. Sidhu, Judicial Member Dr. B. R. R. Kumar, Accountant Member Asstt. Year : 2012-13 Asstt. Commissioner of Vs M/s Bhasin Infotech & Income Tax, Central Circle-2, Infrastructure Pvt. Ltd., 28, Raja New Delhi Garden, New Delhi-110015 (APPELLANT) (RESPONDENT) PAN No. AACCB9344D Assessee by : Sh. Vikas Jain, Adv. Revenue by : Sh. Rajesh Kumar Gupta, CIT DR Date of Hearing: 25.07.2019 Date of Pronouncement: 25.07.2019 ORDER Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by the Revenue against the order of the Ld. CIT(A)-23, New Delhi dated 29.02.2016.
2. The assessee has raised following grounds of appeal: “1. The order of Ld. CIT(A) is not correct in law and on facts.
2. On the facts and circumstances of the case, the Ld. CIT(A) has erred in law in deleting the addition of Rs.4,32,00,200/- made by the AO on account of ‘Unexplained Cash Credit' u/s 68 received from M/s. Venezia Golf City Pvt. Ltd.
3. On the facts and circumstances of the case, the Ld. CIT(A) has erred in law in deleting the addition of Rs.4,32,00,200/- despite the fact that the assessee has never raised any objection in this regard during the course of assessment proceeding, neither produced any evidence controverting the said contention of the assessing officer during the assessment proceeding.
2 Bhasin Infotech & Infrastructure Pvt. Ltd.
4. On the facts and circumstances of the case, the Ld. CIT(A) has erred in law in deleting the addition of Rs.4,32,00,200/- despite the fact that the evidence in support of the assessee’s claim produced by the assessee admitted by the Ld. CIT(A) without any opportunity of being heard to the A.O., hence in contravention of Rule 46A of the Income —Tax Act, 1961 in this regard.”
At the outset, it was brought to our notice that the assessment has been wrongly made in the case of the appellant company namely Bhasin Infotech & Infrastructure Pvt. Ltd. instead of M/s Bhasin Motors (I) Pvt. Ltd. The ld. CIT (A) has deleted the addition solely on this ground as the addition rightly belongs to M/s Bhasin Motors (I) Pvt. Ltd. The assessment order for the year 2012-13 in the case of M/s Bhasin Motors (I) Pvt. Ltd. was also filed before us wherein the similar addition was made.
The ld. DR and the ld. AR fairly accepted to the facts on record. Since, no error has been brought on the order of the ld. CIT (A), we hereby decline to interfere in the said order.
In the result, the appeal of the Revenue dismissed. (Order Pronounced in the Open Court on 25/07/2019).