DCIT, NEW DELHI vs. M/S. MADHUKAR ESTATE PVT. LTD., NEW DELHI

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ITA 597/DEL/2014Status: DisposedITAT Delhi30 November 2015AY 2005-062 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal because the grounds of appeal did not challenge the CIT(A)'s finding that the reopening of the assessment was bad in law. Adjudicating on the merits was therefore unnecessary.

What were the facts?

The Revenue appealed against the CIT(A)'s order which deleted an addition of unexplained share application money. The CIT(A) had quashed the reopening of the assessment and also granted relief on merits.

What were the issues?

Whether the reopening of assessment was valid and whether the addition of unexplained share application money was justified.

Which sections of the Income-tax Act were involved?

Section 147,Section 148

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, DELHI BENCH ‘D’, NEW DELHI

BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI C.M.GARG, JUDICIAL MEMBER DCIT, Circle 6(1) vs. Madhukar Estate Pvt.Ltd. Room no.413, C.R.bldg. D 115, 1st Floor I.P.Estate Defence Colony New Delhi New Delhi 110 024 PAN: AADCM 8731 G (Appellant) (Respondent) Appellant by : Sh.Ashis Mohanty, Sr.D.R. Respondent by : Sh.Sankalp Sharma, Adv. ORDER PER J.SUDHAKAR REDDY, A.M.

This is an appeal filed by the Revenue directed against the order of Ld.CIT(A)-IX, New Delhi dated 6.11.2013 pertaining to the A.Y. 2005-06 on the following grounds . “1. Whether on the facts and circumstances of the case and in law, the Ld.CIT(A) erred in deleting the addition of unexplained share application money from an entry operator completely ignoring the findings of the Hon’ble Delhi High Court in cases like CIT vs. Nova Promoters reported in 342 ITR 169, CIT vs. NR Portfolio (2013) 29 taxman..com 291 (Delhi), CIT vs. Tarika Properties (ITA no.2080/2010, dt. 28.11.2013) etc. Wherein the Hon’ble Delhi High Court has clearly held that reopening of assessment is justified in case of information received from the Investigation Wing and the onus is on the assessee to establish identity and credit worthiness of creditors and genuineness of transactions.

2. That the order of the Ld.CIT(A) is erroneous and is not tenable on facts and in law.

3. That the appellant craves leave to add, alter, amend or forgo any grounds of appeal either before or at the time of hearing of the appeal.”

2.

We have heard Sh. Ashis Chander Mohanty, Ld.Sr.D.R. on behalf of the Revenue and Shri Sankalp Sharma, Ld.Counsel for the assessee.

3.

After hearing rival contentions we find that the Ld.CIT(Appeals) has quashed the reopening of assessment. This has been discussed from para 5.1 to 5.6 of his order. Thereafter he granted relief to the assessee on merits also. 4. In the grounds of appeal

the Revenue has not challenged the order of the Ld.CIT(A) holding that the reopening is bad in law. Under these circumstances we have to necessarily dismiss this appeal of the Revenue, no purpose would be served by adjudicating the merits of this case.

5. In the result Revenue’s appeal is dismissed. Order pronounced in the Open Court on 30th November,2015. Sd/- Sd/- (C.M.GARG) (J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: the 30th November, 2015 *manga Copy of the Order forwarded to:

1. Appellant; 2.Respondent; 3.CIT; 4.CIT(A); 5.DR; 6.Guard File By Order

Asst. Registrar

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