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Income Tax Appellate Tribunal, DELHI BENCH: SMC NEW DELHI
Before: SHRI SATBEER SINGH GODARA
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: "SMC" NEW DELHI
BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER
ITA No.5941/Del/2024 Assessment Year: 2012-13
Niraj Rathi & Sons HUF, | Vs. | Income Tax Officer, D-45, First Floor, | Ward-2(2)(5), Chandar Nagar, | Ghaziabad Ghaziabad PAN :AAEHN7438P (Appellant) | (Respondent)
Assessee by | None Department by | Sh. Manoj Kumar, Sr. DR
Date of hearing | 28.05.2025 Date of pronouncement | 28.05.2025
ORDER
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').
Case called twice. None appears at the assessee/HUF's behest. It is accordingly proceeded ex-parte.
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 jurisdiction 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
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER
Dated: 28th May, 2025.
RK/-
Copy forwarded to:
- 1. Appellant - 2. Respondent - 3. CIT - 4. CIT(A) - 5. DR
Asst. Registrar, ITAT, New Delhi