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TMI Blog2022 (8) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... copy of ITR computation, balance sheet and tax audit report for Financial Year 2009-10. The above documents produced by the assessee along with paper book has neither disputed nor question by the Ld. DR. The above documents clearly negate the contention of the Department that the M/s Abhinav Cooperative Group Housing Society is nonexistent entity. Therefore, in our opinion, the Ld. A.O and the Ld.CIT(A) have committed error in finding the fact and making addition on the ground that M/s Abhinav Cooperative Group Housing Society is nonexistent entity. Therefore, in our considered opinion, the grounds of Appeal filed by the assessee are deserves to be allowed. - I.T.A. Nos. 3512/DEL/2019 And I.T.A. No. 1835/DEL/201 - - - Dated:- 12-8-2022 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the hands ol the assessee by the AO. vide order dated 23.03.2013. He was also informed that the CIT(A) deleted the said addition of Rs. 2,49,76,706/- vide its order dated 16.03.2015 and now department has filed appeal in ITAT against the said deletion of Rs. 2,49,76,706/- by the CIT (A) which is pending. The assessee in his letter dated 10.07.2017 raised objection before the ITO that as per section 147, the AO may assess or reassess such income other than the income involving matter which are the subject matter of any appeal, revision and reference. The same objection was raised before the CIT(A) also i.e. the AO may assess or reassess such income, other than the income involving matter which are the subject matter of any appeal, revisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt order, the assessee has filed an Appeal before the CIT(A) .The Ld.CIT(A) vide order dated 19/03/2015 deleted the above addition made by the A.O. After the deletion of the above addition, the Department of Revenue, based on the enquiry, claim to have been found that M/s Abhinav Cooperative Group Housing Society is nonexistent. Therefore, the Department has filed an Appeal before the Tribunal in ITA No. 1835/Del/2017 with a delay of 651 days. 6. Further, an order u/s 143(3)/147 of Income Tax came to be passed against the assessee vide order dated 28/12/2017 by making an addition of Rs. 2,49,76,706/-. As against the assessment order dated 28/12/2017, the assessee has preferred an appeal before the CIT(A). The Ld.CIT (A) vide order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the said society has been treated as unexplained cash credit and added to the income of the assessee company. The Ld. Counsel for the assessee has produced several documents to substantiate contention that M/s Abhinav Cooperative Group Housing Society was in existent, ie: The letter dated 26/12/2017 from M/s Abhinav Cooperative Group Housing Society written to A.O confirming the transaction of cash receipts, copy of the Assessee s letter dated 14/11/2018 along with audit report and financial of M/s Abhinav Cooperative Group Housing Society Ltd. since from 2008 onwards and also produced copy of ITR computation, balance sheet and tax audit report for Financial Year 2009-10. The above documents produced by the assessee along with paper bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent or otherwise has been elaborately examined in the Appeal filed by the assessee in ITA No. 3512/Del/2019, wherein we have already held that there was sufficient material to prove the existence of M/s Abhinav Cooperative Group Housing Society which has been already examined by the Lower Authorities during original assessment proceedings and the said documents has been produced before us along with the paper book. In view of the said findings made in ITA No. 3512/Del/2019 and by following the same, we hold that there is sufficient material on record to prove that M/s Abhinav Cooperative Group Housing Society was in existent, further Department has not produced any document to negate the said findings. Therefore, we do not find merit in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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