LIBERTY ENTERPRISES,DELHI vs. ITO,WARD 35(5), DELHI

Heard and perused the records. What comes up is that the AO, in the impugned order under section 144 r.w.s. 147 has made an addition of Rs.3,36,13,829/- u/s 69A of the Act on the issue of unexplained imports/purchases through IEC Code: 500027960 by M/s Liberty Enterprises. The assessee has stated that the partnership firm with this PAN (PAN No. AAAFL2580Q) has got dissolved on 31.03.2003. Further, the assessee has stated that after dissolution one of the partners of the firm, Shri Prem Bansai had carried out the business activity in the capacity of sole proprietorship under PAN No. AEQPB4437G in the name and style as “M/s. Liberty Enterprises” but has undertaken this transaction under the old PAN not only for this year but also for the preceding assessment year. It has further been stated by the assessee that the transaction of import/purchase is disclosed in the books of accounts of the proprietorship concern. 3. However, ld. CIT(A) observed that no evidence has been submitted to show that this transaction is reflected in the books of accounts of the proprietorship concern of Shri Prem Bansal even though Form No.35 for this appeal has been filed by Shri Prem Bansal. The claim of the assessee that transactions undertaken under the old PAN is clearly a mistake on the part of the assessee. That being so, no evidence has also been submitted to show that the transactions are reflected in the return of income in the new PAN. Therefore, the addition made by the AO was upheld.

During before this bench reasserting the aforesaid facts the ld. AR for assessee has filed additional evidences to establish that the deposits in the bank in the impugned bank account have been subject matter of the income of the erstwhile partner who continued to operate the firm as the proprietor and has reported the same in his own return. The additional evidences filed are certainly relevant to the issue as they prima facie establish that the assessee was not a beneficiary of the deposits. 5. Accordingly, the additional evidences are admitted. However, as they require verification so the same are restored to the files of the AO and the AO shall take into consideration the additional evidences of the assessee and to examine the issue afresh. Assessee on notice shall file these evidences or any other relevant information or evidences to the satisfaction of AO to enable AO to pass an order afresh. Accordingly, the appeal is allowed for statistical purposes.