WIZARD INTERNATIONAL LTD.,NEW DELHI vs. ITO, WARD-27(3), NEW DELHI
What did the Tribunal hold?
The Tribunal set aside the order of the CIT(A) and remitted the issue back to the CIT(A) for a fresh decision on merits, following principles of natural justice.
What were the facts?
The assessee's appeal was dismissed in limine by the CIT(A) without adjudicating the issue on merits. The disallowance under section 68 was for Rs. 8.39 crores.
What were the issues?
Whether the CIT(A) was justified in dismissing the appeal without deciding the issue on merits, and whether the disallowance under Section 68 requires adjudication on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Delhi Bench “F”, NEW DELHI
Before: SHRI AMIT SHUKLADr. B.R.R. KUMAR
PER B.R.R.KUMAR, ACCOUNTANT MEMBER :
This appeal has been filed by the assessee against the order of the ld. CIT(A)-9, New Delhi, dated 28.02.2018.
We have gone through the order of the Ld. CIT(A) in detail and find that Ld. CIT(A) has dismissed the appeal of the assessee in limine without adjudicating the issue on merits. Hence, the issue of disallowance under section 68 of Rs. 8.39 crores is being remitted
Wizard International Ltd. back to the file of the Ld. CIT(A) with directions to pass a speaking order on merits , duly following principles of natural justice.
In the result , the appeal of the assessee is allowed for statistical purposes.
Order pronounced in open court on 17th day of November, 2021.
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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