Case Number: ITA 1488/DEL/2019
Appellant: Sanjeev Jindal & Sons HUF, New Delhi
Respondent: ITO, Ward-41(3), New Delhi
Assessment Year: 2014-15
Result: 2014-15
Case Filed On: 2019-02-22
Order Type: Final Tribunal Order
Date of Order: 2023-08-17
Pronounced On: 2023-08-17
Bench: Delhi Bench ‘G’, New Delhi
Members: Sh. N. K. Billaiya (Accountant Member) and Sh. Yogesh Kumar US (Judicial Member)
This case involves the appeal filed by Sanjeev Jindal & Sons HUF against the order of the CIT(A)-14, New Delhi, dated 19.12.2018 for the assessment year 2014-15. The primary issue revolves around the application of the Gross Profit (GP) rate due to the non-production of books of account during the assessment proceedings.
The appellant, Sanjeev Jindal & Sons HUF, was required to produce their books of account during the assessment proceedings. However, they were unable to do so as the books of account had been submitted to the Delhi Value Added Tax (DVAT) department. A public notice for the sealing of the premises issued by the DVAT and Enforcement Department, Delhi, was submitted as evidence.
In similar cases involving the family, such as the appeal by Suruchi Jindal in ITA No.1018/Del/2019 and 1019/Del/2019, the Tribunal recognized the reasonable and sufficient cause for not producing the books of account.
During the hearing on 17/08/2023, the appeals were presented by Sh. Dinesh Mohan Sinha, Advocate, representing the appellant, and Sh. Anuj Garg, Senior Departmental Representative (DR), representing the respondent.
The appeals ITA No.1485/Del/2019 and 1486/Del/2019 filed by Sanjeev Kumar and ITA No.1487/Del/2019 and 1488/Del/2019 filed by Sanjeev Jindal & Sons HUF, were addressed together for convenience due to their identical grievances.
The common grievance in all the appeals related to the application of the GP rate for the non-production of books of account during the assessment proceedings.
The Tribunal referred to the case of Suruchi Jindal, where the reasonable and sufficient cause for non-production of books was acknowledged. The Tribunal in ITA No.1018/Del/2019 and 1019/Del/2019 had restored the appeals to the Assessing Officer (AO) with directions to examine the books of account and decide the issue afresh.
In line with the previous judgment, the Tribunal deemed it fit to restore the appeals to the files of the AO. The AO was directed to examine the books of account and decide the issue afresh after affording a reasonable and sufficient opportunity of being heard to the assessee. The assessee was also directed to produce the books of account for verification.
In the result, all the appeals were allowed for statistical purposes. The decision was announced in the open court on 17.08.2023.
Decision: Appeals allowed for statistical purposes.
Signed by: Sh. Yogesh Kumar US (Judicial Member) and Sh. N. K. Billaiya (Accountant Member)
Date: 17.08.2023
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