SWEETMITA ROYCHOUDHURY,KOLKATA vs. ITO, WARD-4(3), KOLKATA
What did the Tribunal hold?
The Tribunal found that the CIT(A) erred by dismissing the appeal without considering the assessee's evidence of part payments and by solely relying on the counsel's admission. The case was restored to the file of the Ld. AO for de novo adjudication, with directions to examine all evidences the assessee may produce and afford a reasonable opportunity of hearing.
What were the facts?
The assessee appealed against the confirmation of an addition of ₹1,31,71,180/- by the Ld. CIT(A), which was originally made by the Ld. AO for purchases allegedly made in violation of Section 40A(3) of the Act. The assessee contended that the payments were made in installments, not violating Section 40A(3), but the CIT(A) dismissed the appeal based on an admission by the assessee's counsel before the AO.
What were the issues?
Whether the addition under Section 40A(3) for purchases made was justified given the assessee's claim of part payments, and whether the CIT(A) erred in dismissing the appeal based solely on counsel's admission without considering fresh evidence.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, KOLKATA
Before: SHRI RAJESH KUMAR, AM
This is an appeal preferred by the assessee against the order of the Commissioner of Income-tax (Appeals)-12, Mumbai (hereinafter referred to as the “Ld. CIT(A)”] dated 13.02.2024 for the AY 2017-18.
The only issue raised by the assessee is against the confirmation of addition of ₹1,31,71,180/- by the ld. CIT (A) as made by the ld. AO on account of purchases made in violation of Section 40A(3) of the Act. The ld. Counsel for the assessee at the outset pointed out that the addition has been made by the ld. AO mainly on the basis of admission by the counsel of the assessee in the show cause notice whereas as a matter of fact all these payments were made in part which were not in violation of Provisions as contained in Section 40A(3) of the Act.
The ld. DR on the other hand stated that these evidences were not produced before the ld. Assessing Officer.
After hearing the rival contentions and perusing the materials available on record, I find that in the interest of justice and fair play the assessee’s appeal needs to be restored to the file of the ld. AO for denovo adjudication after examining the evidences which the assessee may produce in the set aside proceeding, as the assessee cannot be punished for the admission of the Counsel of the assessee. Taking into account all these evidences, I restore this appeal to the file of the ld. AO with a direction to decide the same denovo after affording reasonable opportunity of hearing to the assessee.
In the result, the appeal of the assessee is partly allowed for statistical purposes
Order pronounced in the open court on 21.04.2025.
More judgments on Section 40A(3)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Infra Developers, Shivpuri vs Income Tax Officer, AshoknagarITA 454/AGR/2026[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Saiyed Zaharul Alam, Murshidabad vs I.T.O., Ward - 42(1), MurshidabadITA 2233/KOL/2026[2013-2014]Status: Disposed16 Oct 2026AY 2013-2014
- M/S Sadana Electric Store, Lucknow vs DCIT Range-6, LucknowITA 283/LKW/2024[2014-15]Status: Disposed30 Sept 2026AY 2014-15
- Nagendra Prasad, Patna vs ITO Ward -5(3) Patna, Dak BanglowITA 362/PAT/2026[2016-17]Status: Disposed29 Sept 2026AY 2016-17
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