VIKASH SABHARWAL HUF,LUDHIANA vs. ITO, WARD 1(5), LUDHIANA
आयकर अपीलीय अिधकरण,च᭛डीगढ़ ᭠यायपीठ “एस.एम.सी” , च᭛डीगढ़
IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCHES, “SMC” CHANDIGARH
HEARING THROUGH: PHYSICAL MODE
᮰ी िवᮓम ᳲसह यादव, लेखा सद᭭य
BEFORE: SHRI. VIKRAM SINGH YADAV, AM
आयकर अपील सं./ ITA No.927/Chd/2024
िनधाᭅरण वषᭅ / Assessment Year : 2017-18
Vikas Sabharwal HUF
34, Pushp Vihar, Ferozepur Road,
Opp- Shiv Mandir, Canal Road,
Ludhiana- PB-141002
बनाम
The ITO
Ward 1(5), Ludhiana
Punjab
᭭थायी लेखा सं./PAN NO: AAFHV6640E
अपीलाथᱮ/Appellant
ᮧ᭜यथᱮ/Respondent
िनधाᭅᳯरती कᳱ ओर से/Assessee by :
Ms. Shruti Khandelwal, Advocate for Shri Parikshit Aggarwal, C.A राज᭭व कᳱ ओर से/ Revenue by :
Dr. Ranjeet Kaur, Sr. DR
सुनवाई कᳱ तारीख/Date of Hearing :
02/01/2025
उदघोषणा कᳱ तारीख/Date of Pronouncement : 09/01/2025
आदेश/Order
PER VIKRAM SINGH YADAV, AM
This is an appeal filed by the Assessee against the order of the Ld.
CIT(A)/NFAC, Delhi dt. 04/10/2023 pertaining to Assessment Year 2017-18 against the sustenance of addition of Rs. 30,00,000/- under Section 69A of the Act.
2. During the course of hearing, the Ld. AR submitted that the subject matter has already been disposed off by the Coordinate Bench vide its order dt.
13/09/2024 in ITA No. 740/Chd/2023 for A.Y. 2017-18 wherein the relevant findings read as under:
“12. We have examined the records of both the lower authorities i.e; Ld. AO and Ld. CIT(A) and we are of the considered view that on income of Rs.
30,00,000/- as disclosed under IDS 2016 the necessary taxes as applicable have been paid by the assessee and form 4 is proof enough. However since this document was absent both before Ld. AO and Ld. CIT(A) we deem it fit that its 2
contents be verified and if upon due verification of all facts including payment of taxes thereon are found correct then a closure should be given to this dispute between he assessee and Income Tax Department so that a quiteous prevail.
12.1
We therefore set aside the “impugned order” and remit the matter back to the file of Ld. AO for verification of Form 4(supra) which should be done as expeditiously as possible preferably within a period of 45 days from date of receipt of the copy of this order of Tribunal so that issue is closed once and for all.
13. In the result appeal of the assessee is allowed in terms as aforesaid. As a matter of abundant caution we make it clear that save and except verification
(supra) of Form 4 no other exercise detrimental to the interest of assessee would be carried out in so far as this matter is concerned.
14. Appeal of the assessee is allowed for statistical purposes.”
3. It was submitted that apparently, the assessee has filed the subject appeal through the e-fling portal and a hard copy of the appeal was also filed before the