NIRAJ RATHI & SONS HUF,GHAZIABAD vs. INCOME TAX OFFICER, GHAZIABAD
Before: SHRI SATBEER SINGH GODARAAssessment Year: 2012-13 Niraj Rathi & Sons HUF, D-45, First Floor, Chandar Nagar, Ghaziabad Vs. Income Tax Officer, Ward-2(2)(5), Ghaziabad PAN :AAEHN7438P (Appellant)
This assessee’s appeal for assessment year 2012-13, arises against the Commissioner of Income Tax (Appeals)/National
Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1069854882(1), dated
22.10.2024 involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
2. Case called twice. None appears at the assessee/HUF’s behest. It is accordingly proceeded ex-parte.
Assessee by None
Department by Sh. Manoj Kumar, Sr. DR
Date of hearing
28.05.2025
Date of pronouncement
28.05.2025
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It is next noticed with the able assistance coming from the department side that the Assessing Officer’s assessment framed on 12.11.2019 had made an unexplained investment addition of Rs. 14,73,340/- in the assessee’s hands which stands converted to that under section 56(2)(vii); and, therefore, it is hereby concluded in the light of CIT Vs. Shapoorji Pallonji Mistry (1962) 44 ITR 891 (SC); CIT Vs. Sardari Lal & Co. (2001) 251 ITR 864 (Del.) and CIT Vs. Union Tyres (1999) 240 ITR 556 (Del.) that such a course of action is not available to the CIT(A) in exercises of his lower appellate juri iction under section 251(1)(a) of the Act. 4. That being the clinching factual position, the tribunal hereby finds no merit in the impugned addition. The same is directed to be deleted. 5. This assessee’s appeal is allowed. Order pronounced in the open court on 28th May, 2025 (SATBEER SINGH GODARA)
JUDICIAL MEMBER
Dated: 28th May, 2025. RK/-