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Facts
The revenue's appeal concerned an addition of Rs.10.91 Crores for unverifiable purchases. The assessee failed to substantiate the purchases before the AO, and the CIT(A) estimated a profit of 12.5%. Both parties appealed to the Tribunal.
Held
The Tribunal noted that the assessee's appeal had already been restored by the Tribunal for de novo adjudication. Accepting the revenue's request, the current appeal was also restored back with similar directions.
Key Issues
Whether the appeal should be restored back to the CIT(A) for de novo adjudication given the previous restoration order.
Sections Cited
143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, CHANDIGARH
Before: HON’BLE SHRI LALIET KUMAR, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
(िनधा�रणवष� / Assessment Year: 2021-22 ITO Ward No.1(3) Shri Raj Kumar Aaykar Bhawan 3(1) Near Supreme Dyeing बनाम/ Vs. Rishi Nagar Jiwan Nagar Chowk Ludhiana.141001. Ludhiana – 141 010 �थायीलेखासं./जीआइआरसं./PAN/GIR No. ALVOK-3244-J (अपीलाथ�/Appellant) (��थ� / Respondent) : अपीलाथ�कीओरसे/ Appellant by : None ��थ�कीओरसे/Respondent by : Smt. Kusum Bansal (CIT) – Ld. DR सुनवाईकीतारीख/Date of Hearing : 04-06-2025 घोषणाकीतारीख /Date of Pronouncement : 09-06-2025. आदेश / O R D E R Per Laliet Kumar (Judicial Member) 1. Aforesaid appeal by revenue for Assessment Year (AY) 2021-22 arises out of an order of learned Commissioner of Income Tax (Appeals), NFAC, Delhi [CIT(A)] dated 29-12-2023 in the matter of an assessment framed by Ld. AO u/s 143(3) of the Act on 21-12-2022.
The sole grievance of the revenue is qua addition of unverifiable purchases for Rs.10.91 Crores. The assessee failed to substantiate its case before Ld. AO. The Ld. CIT(A) estimated profit of 12.5% against the same for want of any effective representation from the assessee. Aggrieved, the assessee as well as revenue preferred further appeal before Tribunal. The Ld. CIT-DR stated that assessee’s appeal has already been restored back by Tribunal vide dated 16-04-2025 to Ld. CIT(A) for de novo adjudication after affording reasonable opportunity of hearing to the assessee. Therefore, this appeal may also be restored back. Accepting the same, similar directions are issued in this appeal.
The appeal stand allowed for statistical purposes. Order pronounced on 09-06-2025.