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Deputy Commissioner of Income Tax, Income Tax, Central Circle- Central Circle-17, Jhandewalan, Jhandewalan, New Delhi. Vs. Sri Raghunath Traders,2046, Katra Tobbaco, 2046, Katra Tobbaco,Khari Baoli, Khari Baoli,Delhi Delhi 110 006.
August, 04th 2015
               IN THE INCOME TAX APPELLATE TRIBUNAL
                                 `F' : NEW DELHI
                     DELHI BENCH `F

                             GUPTA, VICE PRESIDENT AND
            BEFORE SHRI G.C. GUPTA,
           SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER

    Nos.2771/Del/2010, 2772/Del/2010, 2773/Del/2010 & 2774/Del/2010
ITA Nos
                  Years : 2000-
      Assessment Years             2001-02,
                          2000-01, 2001-    2002-03 & 2006-
                                        02, 2002-     2006-07


Deputy Commissioner of         Vs.    Sri Raghunath Traders,
Income Tax,                           2046, Katra Tobbaco,
        Circle-17,
Central Circle-                       Khari Baoli,
Jhandewalan,                          Delhi ­ 110 006.
New Delhi.                            PAN : AABFS5596C.
    (Appellant)                           (Respondent)

           Cross Objection Nos.207/Del/2010 & 208/Del/2010
                            Years : 2000-
                Assessment Years              2002-03
                                    2000-01 & 2002-


Sri Raghunath Traders,         Vs.    Deputy Commissioner of
2046, Katra Tobbaco,                  Income Tax,
Khari Baoli,                                  Circle-17,
                                      Central Circle-
Delhi ­ 110 006.                      Jhandewalan,
PAN : AABFS5596C.                     New Delhi.
     (Appellant)                          (Respondent)

            Revenue by          :    None.
            Assessee by         :    Shri K.R. Manjani, Advocate.

     Date of hearing            :    07.07.2015
     Date of pronouncement      :    03.08.2015

                                ORDER
Per G.C. Gupta, VP:
                                Revenue's appeals
ITA Nos.2771 to 2774/Del/2010 ­ Revenue's
      2000-01 to 2002-
(AY ­ 2000-                2006-07):
                 2002-03 & 2006-07):-

     These four appeals by the Revenue for the assessment years
2000-01 to 2002-03 and 2006-07 are directed against the order of
learned CIT(A)-II, New Delhi dated 9th March, 2010.
                                     2                ITA Nos.2771 to 2774/D/2010 &
                                                          C.O.Nos.207 & 208/D/2010





2.    At the time of hearing, none appeared on behalf of the Revenue.
The request of the department that the concerned CIT-DR is on training
and no CIT-DR is available is rejected by the Bench as no reasonable
cause was shown by the department for non-availability of the CIT-DR
and it was also not intimated that when the department would be in a
position to make the alternative arrangement to represent its case
before the Tribunal. In these circumstances, we are of the considered
view that there being no reasonable cause for not attending the
hearing on behalf of the Revenue before the Tribunal and, in view of
the fact that the appeals pertain to the year 2010, all the four appeals
of the Revenue are dismissed in limine.       While taking this view, we
derive support from the decision of Delhi Bench of ITAT in the case of
CIT vs. Multiplan India (P.) Ltd. ­ [1991] 38 ITD 320 (Delhi).

Assessee's Cross Objection Nos.207/Del/2010 & 208/Del/2010 (AY ­
2000-     2002-03) :-
2000-01 & 2002-    :-

3.    The grounds of the cross-objection of the assessee for the
assessment year 2000-01 are as under:-


      "1. On the facts and circumstances of the case, the
      appeal filed by the Department is not correct because the
      so called new evidence was sent by Ld.CIT(A) to the
      Ld.A.O. and his report was duly taken.

      2.    Appeal by the Department is also wrong because
      similar grounds in some of the years have been accepted
      by the Department.

      3.     Ld.CIT(A) has erred on facts and law in making the
      addition of Rs.2,50,000/- in respect of Cash Credits plus
      interest thereon even though complete confirmations were
      filed.    The creditors are regular assessee and the
      transaction is through banking channel, on which account
      there is no doubt about the genuineness of the transaction
      and capacity of the creditors."
                                  3                ITA Nos.2771 to 2774/D/2010 &
                                                       C.O.Nos.207 & 208/D/2010


4.    The grounds of the cross-objection of the assessee for the
assessment year 2002-03 are as under:-


      "1. On the facts and circumstances of the case, the
      appeal filed by the Department is not correct because the
      so called new evidence was sent by Ld.CIT(A) to the Ld.
      A.O. and his report was duly taken.

      2.    Appeal by the Department is also wrong because
      similar grounds in some of the years have been accepted
      by the Department.

      3.     Ld.CIT(A) has erred on facts and law in making the
      addition of Rs.1,00,000/- in respect of Cash Credits plus
      interest thereon even though complete confirmations were
      filed.    The creditors are regular assessee and the
      transaction is through banking channel, on which account
      there is no doubt about the genuineness of the transaction
      and capacity of the creditors."

5.    The learned counsel for the assessee submitted that the addition
on account of cash credit was wrongly made although complete
confirmations of the creditors were filed before the Assessing Officer.
He submitted that the creditors were regular income tax assessees and
the transactions were through banking channels and the genuineness
of the transactions and the capacity of the creditors could not be
doubted by the Revenue.       He submitted that the reason of the
department that the assessee has not intimated the new address of
the credit parties, was not sustainable for the reason that the new
addresses of the creditors were never asked for by the respondent and
all other evidences were filed by the assessee before the Assessing
Officer.   He submitted that the assessee be allowed one more
opportunity to submit the new address.





6.    We have considered the submissions of the learned counsel for
the assessee and have perused the order of the Assessing Officer and
                                   4                ITA Nos.2771 to 2774/D/2010 &
                                                        C.O.Nos.207 & 208/D/2010


the CIT(A). We find that the assessee has submitted the evidence in
the form of the confirmation from the creditors and the transaction of
cash credit was through banking channels and the creditors were
existing income tax assessees. With regard to issue of not intimating
the new addresses of the creditors by the assessee, the claim of the
assessee is that the new addresses were never asked for by the
department. In these facts, we are of the view that in the interest of
justice, the assessee be allowed one more opportunity to intimate the
new complete address of the creditors before the Assessing Officer and
the Assessing Officer is directed to evaluate the evidence filed by the
assessee in accordance with law so as to reach just and valid
conclusion. The assessee shall be at liberty to file evidence in support
of its case before the Assessing Officer and accordingly, the issue of
addition of cash credit raised in the cross-objections of the assessee is
restored to the file of the Assessing Officer with the direction to
ascertain the real truth regarding the genuineness of the transaction of
cash credit and to frame de novo order on this issue after allowing
reasonable opportunity of hearing to the assessee.               We direct
accordingly.


7.    In the result, all the four appeals of the Revenue are dismissed
and the two cross-objections of the assessee are allowed for statistical
purposes.
      Decision pronounced in the open Court on 3rd August, 2015.


                  Sd/-                                         Sd/-
       (J. SUDHAKAR REDDY)                         (G.C. GUPTA)
                                                   (G.C. GUPTA)
      ACCOUNTANT MEMBER                                PRESIDENT
                                                  VICE PRESIDENT

VK.
                                   5                ITA Nos.2771 to 2774/D/2010 &
                                                        C.O.Nos.207 & 208/D/2010


Copy forwarded to: -

1.   Revenue      : Deputy Commissioner of Income Tax,
                            Circle-17, Jhandewalan, New Delhi.
                    Central Circle-

2.   Assessee     : Sri Raghunath Traders,
                    2046, Katra Tobbaco, Khari Baoli,
                    Delhi ­ 110 006.
3.   CIT
4.   CIT(A)
5.   DR, ITAT

                             Assistant Registrar

 
 
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