NAVDEEP SINGH,NEW DELHI vs. DCIT CIRCLE - 13, GURGAON
What did the Tribunal hold?
The Tribunal held that the AO rejected the assessee's explanation for the loan without cogent evidence, as the father had sufficient agricultural land. The disallowance under Section 40(a)(i) was invalid as no payment requiring TDS was identified. The addition on account of closing stock was also deleted as it was a revenue natural exercise.
What were the facts?
The assessee appealed against the CIT(A)'s order confirming the AO's additions on account of unsecured loan from father (Rs. 20,50,000), disallowance of expenses (Rs. 47,67,783), and addition on account of closing stock (Rs. 1,25,00,000) for AY 2015-16. The assessee claimed the loan was from his father's agricultural income accumulation.
What were the issues?
Whether the addition on account of unsecured loan from father, disallowance of expenses, and addition on closing stock were justified. Whether the AO assumed proper jurisdiction and issued mandatory notice under Section 143(2).
Which sections of the Income-tax Act were involved?
Section 68,Section 40(a)(i),Section 143(3),Section 234A,Section 234B,Section 234C,Section 139(5)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘F’, NEW DELHI
Before: SHRI SATBEER SINGH GODARA, HON’BLE JUDICIAL & SHRI NAVEEN CHANDRA, HON’BLE
PER NAVEEN CHANDRA [A. M]:
The above captioned appeal is preferred by the assessee against the order dated 27.01.2019, passed by Ld. CIT(A)-1, Gurgaon u/s 250(6) of the Income Tax Act, 1961 [hereinafter referred to as, “Act”] for A.Y. 2015-16. 2. The assessee has raised following grounds of appeal:
“
That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in passing the impugned assessment order 401/DEL/2021 Navdeep Singh vs DCIT and that too without assuming juri iction as per and without issuing/serving the mandato
The order continues below.
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