INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL MEMBER ITA No. 3566/DEL/2024 Asstt. Year: 2013-14 ITA No. 3565/DEL/2024 Asstt. Year: 2014-15 ITA No. 3602/DEL/2024 Asstt. Year: 2015-16 Cairs Computer Aided Vs. ITO, Information and Research Ward-5 (1), Services Pvt. Ltd., New Delhi

8A/36G W.E.A. Karol Bagh, Delhi PIN 1100 05 PAN No. AAACC1968Q (Appellant) (Respondent)

Assessee by: Shri Manish Aggarwal, CA Department by: Shri Rajesh Kumar Dhanesta, Sr. DR Date of Hearing: 13.03.2025 Date of pronouncement: 26.03.2025 O R D E R PER VIMAL KUMAR, JUDICIAL MEMBER:

The appeals filed by the Assessee are against separate orders dated 07.06.2024 passed by Learned Commissioner of Income-Tax(Appeals)/National Faceless Appeal Centre(NFAC), Delhi (hereinafter referred as ‘Ld. CIT(A)’) arising out of assessment orders dated 30.03.2022 by Learned ITO, Ward 5(1), New Delhi (hereinafter referred as ‘Ld. A.O.’) under Sections 147 read with section 144B of the Income-Tax Act, 1961 (hereinafter referred as “the Act”) for the assessment years 2013-14 and 2014-15 respectively. ITA No.3602/Del/2024 is against the order dated 10.06.2024 of Ld. CIT(A) arising out of assessment order dated 18.12.2017 of Ld. AO for assessment year 2015-16. All the appeals involve similar facts, grounds and issues. So, they were heard together.

2. Brief facts of the lead case i.e. ITA No.3566/Del/2024 are that the appellant/assessee e-filed return of income for the assessment year 2013-14. From the information available on record that assessee had made time deposits of Rs.4,50,700/- and received interest of Rs.28,30,150/- during assessment year 2013-14. There was reason to believe that income to the extent of Rs.32,80,820/- has escaped assessment within the meaning under Section 147 of the Act. The case was reopened under Section 147 and notice dated 31.03.2021 under Section 148 of the Act was issued after recording reasons for reopening and obtaining prior approval from the Competent Authority. In response to notice, assessee did not submit his return of income within the stipulated time. Notice under Section 142 dated 22.11.2021 was issued. The case was transferred to NFAC assessment unit. The assessee submitted response on

12.01.2022 vide letter dated 26.11.2021 stating that notice under Section 148 of the Act could be issued within a period of six years from the end of relevant assessment year. The assessee has not filed his return of income in response to notice under Section 148 of the Act. Notice dated 18.01.2022 under Section 142(1) of the Act along with detailed questionnaire was issued. In response to notice, the assessee submitted reply vide letter dated 27.01.2022. On verification of reply and details, Ld. AO vide order dated 30.03.2022 made additions of Rs.66,33,774/- and Rs.4,50,700/-.

3. Against order dated 30.03.2022, appellant/assessee preferred appeal before the Ld. CIT(A) which was dismissed vide order dated 07.06.2022.

4. In ITA No.3566/Del/2024 for assessment year 2013-14, grounds of appeal are as under:

“a. That on facts and circumstances of the case and in law, the order passed by the Ld. CIT (Appeals) is contrary to facts and bad in law. Therefore, the addition confirmed for INR 70,84,474 on account of disallowance of depreciation, administrative expenditure and investment in feed deposit an unexplained income must be deleted.

b. Addition of interest income relating to Business and Profession to Income from other sources amounting to INR

28,30,150/-

The Ld. Commissioner (Appeals) erred in law and on facts has confirmed in making the addition of interest income of INR 28,30,150 under the head "Other Sources" instead of "Profits and gains of business or profession" without appreciating the facts that the appellant has accurately declared the interest income under the Schedule BP. Snip attached in the appeal order is related to Part A- P&L and nothing but a replica of audited pro