DY. COMMISSIONER OF INCOME TAX-3(1), BHOPAL, BHOPAL (M.P) vs. UAC COMMODITIES PRIVATE LIMITED, THANE
Facts
The assessee filed a revised return showing NIL income for AY 2017-18. During assessment, the AO noted a discrepancy in unsecured loans from Uniways Management Services and treated Rs.1,94,84,40,126/- as unexplained cash credit under Section 68. The assessment was completed at a total income of Rs.2,11,88,25,378/-.
Held
The Tribunal found that the Ld.CIT(A) erred in admitting additional evidence, including corrected financials and a confirmation ledger, without allowing the AO an opportunity to examine them or calling for a specific report. The Ld.CIT(A) did not follow the procedure under Rule 46A(3) of the Income Tax Rules, 1962.
Key Issues
Whether the Ld.CIT(A) correctly admitted additional evidence without providing the AO an opportunity to examine it and verify its correctness as per Rule 46A(3)?
Sections Cited
68, 143(3), 46A(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI PARESH M. JOSHI & SHRI NARENDRA PRASAD SINHA
आदेशकी�ितिलिपअ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��थ�/ The Respondent. 3. संबंिधतआयकरआयु�/ Concerned CIT 4. आयकरआयु�)अपील(/ The CIT(A)/(NFAC), Delhi 5. िवभागीय�ितिनिध,आयकरअपीलीयअिधकरण,इंदौर/DR,ITAT,Indore/Ahmedabad. 6. /Guard file. गाड�फाईल
आदेशानुसार/ BY ORDER,
स�ािपत�ित//True Copy//
सहायकपंजीकार(Asstt. Registrar) आयकरअपीलीयअिधकरण, ITAT, Indore/Ahmedabad
Date of dictation (dictation pad attached with the file) : 23.4.2025 2. Date on which the typed draft is placed before the : 24.4.2025 Dictating Member. 3. Date on which the approved draft comes to the Sr.P.S./P.S : 4. Date on which the fair order is placed before the Dictating : Member for pronouncement. 5. Date on which fair order placed before Other Member : 6. Date on which the fair order comes back to the : Sr.P.S./P.S. 7. Date on which the file goes to the Bench Clerk. : 8. Date on which the file goes to the Head Clerk. : 9. The date on which the file goes to the Assistant Registrar : for signature on the order. 10. Date of Despatch of the Order :