HARIOM COLD STORAGE,DHARAWARA vs. ITO 4(4), INDORE
What did the Tribunal hold?
The Tribunal held that the impugned order by the CIT(A) did not properly examine the merits of the case, and the assessee, despite the opportunities provided, could not fully utilize them due to specific circumstances. The Tribunal set aside the order and remanded the case back to the AO for fresh adjudication.
What were the facts?
The assessee, a partnership firm engaged in cold storage, filed a return of income declaring 'NIL' income for AY 2017-18. The case was selected for scrutiny due to large cash deposits during demonetization. The Assessing Officer (AO) rejected the assessee's cash book, treating the Rs. 54,02,000 deposit as unexplained cash credit and initiating penalty proceedings.
What were the issues?
Whether the CIT(A) erred in confirming the addition of unexplained cash credit without properly adjudicating the additional evidence filed by the assessee due to genuine reasons.
Which sections of the Income-tax Act were involved?
Section 139,Section 143(1),Section 143(2),Section 142(1),Section 68,Section 145(3),Section 115BBE,Section 271AAC,Section 250,Section 250(6),Section 46A
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Sumati Dayal v. CIT1,967 citing214 ITR 801 · 1995 · SC · Read judgment
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
5.1 Impugned order is set aside as and by way of remand back on denovo basis back to the file of Ld. A.O to pass a fresh order on denovo basis.
5.2 Appeal allowed for statistical purpose.
Order pronounced in open court on 13.05.2025.
More judgments on Section 139
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Shamsunder Pritesh Malode, Hyderabad vs ACIT, Circle-12(1), HyderabadITA 399/HYD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- Radhakishan Potharajula, Karim Nagar vs ITO (Int Taxn)-2, HyderabadITA 2340/HYD/2025[2016-17]Status: Disposed16 Oct 2026AY 2016-17
- Shiva Shiksha Samiti, Deendayal Puram, Up… vs Income-Tax Officer, Ward-Exemption, Agra…ITA 415/AGR/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Jai Ram Gupta vs. The State Of Madhya PradeshMadhya Pradesh · 23 Oct 2026
- Maa Baglamukhi Construction Thr Propriter Aryan Dhingra vs. The State Of Madhya PradeshMadhya Pradesh · 22 Oct 2026
- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- S. Nithyananda vs. State Of KarnatakaKarnataka · 17 Oct 2026