M/S. C K INFRASTRUCTURES LTD.,DELHI vs. DCIT, NEW DELHI
What did the Tribunal hold?
The Tribunal found that while inquiries were conducted for one entity, no investigation took place for the other. Therefore, the issue was remanded to the CIT(A) for further consideration and inquiry.
What were the facts?
The Assessing Officer (AO) made additions on account of share capital received from two entities. During appellate proceedings, the assessee sought to file additional evidence. The CIT(A) deleted additions related to one entity after conducting inquiries, but did not conduct similar inquiries for the other entity.
What were the issues?
Whether the CIT(A) properly conducted inquiries regarding the share capital received from both entities, and if not, whether the matter should be remanded for further investigation.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘B’, NEW DELHI
Before: Sh. H. S. SidhuDr. B. R. R. Kumar
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by the assessee against the order of ld. CIT (A)-2, New Delhi dated 31.03.2016.
The effective prayer of the assessee is that for proper prosecution of the case based on facts and circumstances, which has not been or could not be induced or filed before lower authorities either because proper and sufficient opportunity was not provided or because it was not solicited or its need was not appreciated or because the evidence was denied and came into the hands of the assessee subsequently.
Brief facts of the case are that the AO made addition on account of the share capital received from two entities namely, M/s Shyama Infotech Ltd. 137, Dadiseth Agari Lane, 2nd Floor, Officer NO. 20, Kaiba Devi, Mumbai-400020 and M/s Amarjit Motors Finance P. Ltd., G-10/66, Ground 2 C K Intrastructure Ltd. Floor, Sector-15, Rohini, New Delhi-110085. During the appellate proceedings, the assessee sought to file additional evidences to support their claim. The AO issued notices u/s 133(6) of the Income Tax Act, 1961 to both the parties. M/s Amarjit Motors Finance P. Ltd. complied partially to the notice of the AO. Regarding the M/s Shyama Infotech Ltd. for which the compliance has not made before the AO, the ld. CIT (A) issued notice u/s 133(6) of the Act in called for details. On obtaining the details from the company, M/s Shyama Infotech Ltd., the ld. CIT (A) deleted the addition of Rs.75 lacs. Regarding the M/s Amarjit Motors Finance P. Ltd. the ld. CIT (A) did not send any notice u/s 133(6).
Before us, it was argued by the ld. AR that, with regard to the second party M/s Amarjit Motors Finance P. Ltd., the party has duly reply to the same and this reply was directly received by the ITO on 31.07.2015 as admitted by the ld. AO in the remand report. The AO has himself reproduced part of the reply which states, share premium is decided by both the parties mutually, immediate sources o funds have been given as amount received from Blackberry Consultants Pvt. Ltd. Rs.30.00 lakhs on 17.11.09 and regarding directorship that there is no common director in both the companies that is M/s C K Infrastructure Ltd. and M/s Amarjit Motors Finance P. Ltd. Thus, it was argued that the transactions stand confirmed by the party and discharges the complete burden on the part of the assessee in this regard. It was submitted that once the company replied for the notice, the observation of the AO that the company doesn’t exist cannot be accepted legally. It was also submitted that the report of the Inspector that no such company exist at the address given cannot be accepted as the company are still as per the ROC record and are running of business.
3 C K Intrastructure Ltd. 5. The ld. DR argued that the summons issued by the AO have returned back, hence no further opportunity be given to the assessee as this juncture.
Heard the arguments of both the parties and perused the material available on record. We find that while due consideration has been given and enquiries have been conducted in case of the subscriber M/s Shyama Infotech Ltd., no such investigation or enquiry has taken place in the case of M/s Amarjit Motors Finance P. Ltd. Hence, keeping in view, the entirety of the matter, we hereby remand the issue to the file of the ld. CIT (A) to give due consideration to the details filed by the assessee as additional evidences and to conduct enquiries as deemed fit and then to pass an order in accordance with the provisions of the Act.
In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 26/12/2019.
More judgments on Section 133(6)
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Rangoli Hotel, Mehsana vs DCIT, Circle, Gandhinagar, GandhiangarITA 2286/AHD/2026[2020-21]Status: Disposed21 Oct 2026AY 2020-21
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Vikas Ashokkumar Masand, Ahmedabad vs The Dy. Commissioner of Income Tax…ITA 3130/AHD/2026[A.Y. 2017-18]Status: Disposed19 Oct 2026
- Ritu Rajesh Gohil, Jamnagar, Gujarat vs ITO Ward 2(1), Jamnagar, GujaratITA 109/RJT/2026[2018-19]Status: Disposed15 Oct 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- Mahaveer Ispat Traders vs. Principal Commissioner Dgst Delhi Department Of Trade And Taxes Gnctd & Anr.Delhi · 28 Oct 2026
- Modern Engineers And Contractors vs. The Deputy Assistant Commissioner (St)Andhra Pradesh · 28 Oct 2026
- K Madhusudan Reddy vs. The State Of Andhra PradeshAndhra Pradesh · 28 Oct 2026
- Sandeep Ranjan Rout vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Gagan Bihari Rout@Gagan Rout vs. State Of OdishaOrissa · 28 Oct 2026