Disclosure of investment and income relating to foreign immovable property

This Income Tax Appellate Tribunal case concerns an individual engaged in consultancy who filed his tax return for the 2016-17 assessment year. The case was selected for scrutiny to check if investments and income related to foreign immovable property were properly disclosed. Despite initial technical issues with uploading evidence, the tribunal admitted the additional documents provided by the appellant for adjudication.

IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH : SMC : NEW DELHI
BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER
ITA No.9223/Del/2019
Assessment Year: 2016-17

Nitin Gupta,
C-1/23, Ashok Vihar Phase-II,
New Delhi.
PAN: AEAPG4313C

vs

ITO,
Ward-34(4),
New Delhi.

Assessee by : Shri Rohit Tiwari, Advocate
Revenue by : Shri R.K. Gupta, Sr. DR
Date of Hearing : 26.08.2021
Date of Pronouncement : 04.10.2021

ORDER

This appeal filed by the assessee is directed against the order dated 18th October, 2019 of the CIT(A)-12, New Delhi, relating to Assessment Year 2016- 17.

2. Facts of the case, in brief, are that the assessee is an individual and is engaged in the business of consultancy. He filed his return of income on 29th March, 2017 declaring total income at Rs.4,89,280/-. The case was selected for limited scrutiny through CASS for examination whether investment and income relating to foreign immovable property are duly disclosed.

3. The Appellant has submitted that he has furnished the copy of the confirmation of the loan from Sh. Navin K. Aggarwal, copy of passport as additional evidence. The application filed by the Appellant was sent to the Assessing Officer (vide letter dated 27.06.2019), The Assessing. Officer has submitted his report dated 03.07.2019. In this report, the Assessing Officer has stated that the case for submission of reply was fixed for 17.12.2018. The Assessee uploaded the set of replies / evidences which were considered while completing the assessment. Remaining replies uploaded by the Assessee on 18.12.2018 were not reflected on ITBA Portal. I have considered the report front the Assessing Officer and the application of the Appellant. The technical glitches cannot be taken as ground for the admission of necessary or relevant documents. Therefore, the additional evidences filed by the Appellant are admitted for adjudication.

4. In the result, the appeal filed by the assessee is partly allowed.
The decision was pronounced in the open court on 04.10.2021.

Please find attached the enclosed file for the full judgement