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Facts
The Assessee filed an appeal against an order of the CIT(A)/NFAC that sustained an addition of Rs. 30,00,000/- under Section 69A for AY 2017-18. During the hearing, it was submitted that a Coordinate Bench had already disposed of a similar matter for the same AY.
Held
The Tribunal noted that the subject matter of the appeal had already been decided by a Coordinate Bench in ITA No. 740/Chd/2023. Therefore, the current appeal was deemed infructuous.
Key Issues
Whether the current appeal is infructuous as the subject matter has already been decided by a Coordinate Bench for the same Assessment Year.
Sections Cited
69A
AI-generated summary — verify with the full judgment below
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 "ी िव"म "सह यादव, लेखा सद"य BEFORE: SHRI. VIKRAM SINGH YADAV, AM आयकर अपील सं./ िनधा"रण वष" / Assessment Year : 2017-18 Vikas Sabharwal HUF बनाम The ITO 34, Pushp Vihar, Ferozepur Road, Ward 1(5), Ludhiana Opp- Shiv Mandir, Canal Road, Punjab Ludhiana- PB-141002 "थायी लेखा सं./PAN NO: AAFHV6640E अपीलाथ"/Appellant ""यथ"/Respondent िनधा"रती क" ओर से/Assessee by : Ms. Shruti Khandelwal, Advocate for Shri Parikshit Aggarwal, C.A राज"व क" ओर से/ Revenue by : Dr. Ranjeet Kaur, Sr. DR सुनवाई क" तारीख/Date of Hearing : 02/01/2025 उदघोषणा क" 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.
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 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 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.
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.
Appeal of the assessee is allowed for statistical purposes.”
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