ACIT, NEW DELHI vs. M/S. SIDH AUTOMOBILES LTD., NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the revenue's appeal was filed without appreciating the facts on record, particularly regarding the opportunity provided to the assessee. The additions deleted by the CIT(A) were also upheld as they did not emanate from seized material, aligning with established case law.
What were the facts?
The revenue appealed against the CIT(A)'s order concerning additions made to the assessee's income. The original assessment was completed under Section 153C after a search. The CIT(A) had deleted several additions made by the Assessing Officer.
What were the issues?
Whether the assessee was provided adequate opportunity during assessment and whether additions made by the AO were based on seized material.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
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- CIT v. Kabul Chawla3,235 citing380 ITR 573 · 2016 · HC · Read judgment
Income Tax Appellate Tribunal, DELHI BENCHES ‘G’, NEW DELHI
Before: Sh. Amit ShuklaDr. B. R. R. Kumar
ORDER
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by the revenue against the order of the ld. CIT(A)-29, New Delhi dated 09.06.2015.
In this case, the notice u/s 153C of the Act was issued on 04.03.2013 after recording due satisfaction. The assessee filed copy of the return vide letter dated 18.03.2013. The assessment has been completed on 26.03.2013. At ground no. 4 the revenue has taken objection to the observation to the ld. CIT (A) that the assessee has not been provided adequate opportunity without appreciating the fact that the return was filed by the assessee on 18.03.2013 just few days before the limitation date of 31.03.2013. We find that the revenue has not appreciated the fact that the notice has been issued by the revenue on 04.03.2013 while the search on the Triveni Group
2 Sidh Automobiles Ltd. was conducted on 28.09.2010 and assessee has duly complied to the notice issued by the revenue in due time. Hence, it can be conveniently held that the appeal has been filed without considering the facts on record and hence the ground is hereby dismissed.
Ground No. 1 & 5 pertains to deletion of Rs.4,54,950/- being 50% of the total expenses claimed in P&L account. Ground No.2 pertains to disallowance of Rs.7,500/- and ground no.3 pertains to disallowance of Rs.4,308/-on account of claim of exempt income on sale of shares. This is not a case where the assessment has got abated owing to the provisions of Chapter XIV-B. The ld. CIT (A) has rightly deleted the addition on the grounds that the addition do not emanate from seized material in view of established case laws in the case of CIT Vs Kabul Chawla 380 ITR 573 (SC). Hence, we decline to interfere with the order of the ld. CIT (A) on these grounds.
Ground No. 6 pertains to invocation to Rule 46A of the Income Tax Rules, 1962. At the outset, we find that no new evidences were accepted by the ld. CIT (A) during the proceedings. Regarding the deletion of amount of Rs.6,00,000/- found in the cash book, the ld. CIT (A) has clearly given a finding that there have been withdrawals of Rs.6,00,000/- from HDFC Bank a/c No. 0103 maintained with Lajpat Nagar Branch on 18.03.2010. Hence, we decline to interfere with the order of the ld. CIT (A) on this ground.
Ground No. 7 relates to the advances given by the assessee of Rs.212,88,440/- to majorly to five parties from whom the assessee has received interest. The same have been 3 Sidh Automobiles Ltd. reflected in the balance sheet of the assessee under head “loans given”. This effectively shows that the Assessing Officer is trying to verify the assets reflected in the balance sheet. This could be a futile exercise. Taxing of a bogus liability may lead to collection of revenue in the presence of tangible asset, however, law hasn’t evolved to tax bogus asset. There has been no evidences by the way of seized material or any other evidences to prove or to lead any credence that, the assessee has raised bogus debtors to be recovered at a later date. Since, the instance case is not so, we hereby decline to interfere with the order of the ld. CIT (A) on this ground.
In the result, the appeal of the revenue is dismissed. (Order Pronounced in the Open Court on 18/09/2019).
More judgments on Section 153C
- Neepaben Sunnybhai Motwani, Rajkot vs Income Tax Officer, RajkotITA 875/RJT/2026[2021-22]Status: Disposed19 Oct 2026AY 2021-22
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- Ajay Singh, Kota vs DCIT, Central Circle, KotaITA 495/JPR/2026[2016-17]Status: Disposed13 Oct 2026AY 2016-17
- Dineshkumar Chhaganlal Manavadaria, Junagadh vs ITO Ward 1, JunagadhITA 837/RJT/2025[2020-21]Status: Disposed9 Oct 2026AY 2020-21
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