ITO, NEW DELHI vs. M/S. GOLD MOHUR PROFILES LTD., NEW DELHI
In the result, the appeal filed by the Revenue is dismissed
ITA 4102/DEL/2013[2004-05]Status: DisposedITAT Delhi18 Dec 2015AY 2004-05
Bench: Sh. Aby T. Varkey & Sh. O.P. Kantassessment Year: 2004-05 Income Tax Officer, Vs. Gold Mohur Profiles Ltd., Ward-12(2), Room No. 337, 31, Gujaranwala Town-Ii, C.R. Building, New Delhi G.T. Karnal Road, New Delhi (Pan: Aaacg2316G) (Appellant) (Respondent) Appellant By : Sh. Amit Jain, Sr. Dr Respondent By : S/Sh. K. Sampath & V. Raja Kumar, Adv. Date Of Hearing: 27.11.2015 Date Of Pronouncement: 18.12.2015 Order Per O.P. Kant, A.M.: The Present Appeal By The Revenue Is Directed Against The Order Dated 02.04.2013 Of Learned Commissioner Of Income Tax(Appeals)-Xv, New Delhi, For The Assessment Year 2004-05, Raising The Following Grounds Of Appeal: I. On The Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax(Appeals) Erred In Deleting The Addition Of Rs. 10,55,000/- U/S 68 Of The I.T. Act, 1961. Ii. On The Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax(Appeals) Erred In Deleting The Addition Of Rs. 10,55,000/- U/S 68 Of The Act Despite The Settled Position Of Law That The Onus Was On The Assessee To Establish The Identity, Creditworthiness & Genuineness Of The Transaction Which Assessee Had Failed To Do. The Learned Commissioner Of Income Tax(Appeals) Has Deleted The Addition Of Rs. 10,55,000/- U/S 68 Of The Act, Disregarding The Finding Of The Department That The Assessee Has Introduced Its Own Unaccounted Money In Its Bank As Accommodation Entries.
For Appellant: Sh. Amit Jain, Sr. DRFor Respondent: S/sh. K. Sampath & V. Raja Kumar, Adv
Section 143(1)Section 148Section 68
Section 68 cannot be sustained. Accordingly, addition made is deleted.”
3. At the outset, the learned Authorized Representative submitted that the tax effect in the Revenue appeals was below Rs. 4 lacs and therefore relying on the decision of Income Tax Officer Vs. Sh. Om Prakash, ITA No.
6338/Del/2013, dated 16.06.2015, the appeal of the Revenue may be dismissed