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Facts
The assessee's appeals were against orders from the CIT(A) concerning AY 2012-23. ITA No. 4358/Mum/2017 was against a quantum addition of Rs. 30,00,000/- made by the AO under Section 68. The assessee argued that the advance giving rise to the addition was from FY 2007-08 and thus not taxable in the current year.
Held
The Tribunal noted that the CIT(A) had dismissed the appeal in limine without verifying the facts. Therefore, to ensure justice and fairplay, the Tribunal restored the issue to the CIT(A) for fresh consideration with a direction to examine documentary evidence and afford the assessee an adequate opportunity of being heard.
Key Issues
Whether the CIT(A) was justified in dismissing the appeal in limine without considering the merits, and whether the impugned advance pertained to the assessment year under consideration.
Sections Cited
68, 271(1)(c)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY, HON’BLE & SHRI NARENDRA KUMAR BILLAIYA, HON’BLE
Assessment Year: 2012-13 M/s. Zenal Jainam Developers Asstt. Commissioner of Income tax, Circle-32(1), Mumbai Shop No. 6, Saurabh Apartments Vs Shahaji Raje Road, Nr. Bhuta Ville Parle (East) Mumbai - 400057 [PAN: AAAAD2573N] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Shalin Divatia, C.A. Revenue by : Shri Pushkaraj Bhangepatil, Sr. D/R सुनवाई की तारीख/Date of Hearing : 05/02/2025 घोषणा की तारीख /Date of Pronouncement: 05/02/2025 आदेश/O R D E R
PER NARENDRA KUMAR BILLAIYA, AM:
The captioned appeals by the assesse are preferred against two separate orders of the ld. CIT(A)-37, Mumbai & NFAC Delhi, [hereinafter ‘the ld. CIT(A)’], dated 22/03/2017 and 09/09/2024 respectively, pertaining to AY 2012-23. 2. is the appeal against the quantum addition of Rs.30,00,000/- made by the AO u/s 68 of the Act.