9911796707
TMI Blog2024 (5) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... was not contested by ld.CIT-DR that these details are not with either the AO or the DRP. Even the details are filed with the Tribunal now in assessee s paper-book and the ld.counsel pointed out the details and tried to make out a prima facie case. Without going into the merits and without deliberating anything on merits, in the given facts and circumstances, we restore this matter back to the file of the AO for fresh adjudication as per law. Accordingly, the order of AO and that of the DRP both are set aside and appeal restored back to the file of the AO for fresh adjudication. The appeal of the assessee is allowed for statistical purposes. - Shri Mahavir Singh, Vice President And Shri S.R. Raghunatha, Accountant Member For the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ank statements of HDFC Bank and ABN Amro e) Letters from the banker certifying the bank accounts are NRE accounts f) Letter from certified accountant in Netherlands certifying the residential status of the appellant in Netherlands for AY 2015-16 These documents are kept as part of the appellant s paper book. The case was not decided on merits only because of the delay in filing the objections before the Hon ble DRP by five days. 6. The investments made and the expenses incurred by the appellant are incorrectly treated as income. No reasons are adduced in the assessment order as to why the payments are treated as income in the hands of the appellant who was a non-resident for AY 2015-16. 3. The ld.counsel for the assessee briefly stated the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urn of income. Accordingly, the AO passed draft assessment order u/s. 144C r.w.s. 147 of the Act dated 24.03.2022 for the relevant assessment year 2015-16 and computed the income as under:- In view of the above, the total income of assessee is computed as under: 1. Income from salary : 1,08,500/- 2. Income from other sources 1. Payment to Non Resident u/s 195 : Rs. 19,108/- 2. Payment of credit cards bills : Rs. 24,27,604/- 3. Purchased units of mutual fund : Rs. 50,00,000/- 4. Purchase of immovable property : Rs. 2,03,56,355/- Total Income from other sources : Rs. 2,78,03,067/- Total Taxable Income : Rs. 2,79,11,567/- 3.2 Aggrieved against the draft assessment order u/s. 144 of the Act, the assessee moved to DRP raising objections. The DRP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the assessee. Against this order, the assessee filed an objection before the Hon ble DRP, Bengaluru. 9. The Hon ble DRP, Bengaluru rejected the objection of the assessee vide its proceedings dated 12.12.2022. Accordingly, the final assessment order is completed as assessed income at Rs. 2,79,11,567/-. Aggrieved against this final assessment order passed in lieu of directions of DRP, the assessee filed appeal before the Tribunal. 4. Before us, the ld.counsel for the assessee admitted that there is a delay of 5 days in filing objections before DRP and DRP dismissed the objections on the ground that objections were not filed within 30 days time limit. The ld.counsel stated that the draft assessment order was received after 30 days of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts were confronted to ld.CIT-DR, he could not controvert the fact as regards to receipt of order after 30 days from the date of draft assessment order, as contended by ld.counsel for the assessee. Even it was not contested by ld.CIT-DR that these details are not with either the AO or the DRP. Even the details are filed with the Tribunal now in assessee s paper-book and the ld.counsel pointed out the details and tried to make out a prima facie case. Without going into the merits and without deliberating anything on merits, in the given facts and circumstances, we restore this matter back to the file of the AO for fresh adjudication as per law. Accordingly, the order of AO and that of the DRP both are set aside and appeal restored back to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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