ACCORD ELECTROPOWER PRIVATE LIMITED,NOIDA vs. ITO, WARD 5 (1)(1), NOIDA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the CIT(A) dismissed the assessee's appeal without considering their reply and without providing independent findings. Therefore, the Tribunal decided to remand the matter back to the CIT(A) for fresh adjudication.
What were the facts?
The assessee, Accord Electropower Pvt. Ltd., appealed against an order confirming an addition of Rs. 1,30,87,124/- under Section 68 of the Income Tax Act. This addition was based on the Assessing Officer's finding that the purchase of shares by four individuals was not genuine.
What were the issues?
Whether the addition made by the AO under Section 68 of the Act, holding the purchase of shares as non-genuine, is justified. Whether the CIT(A) correctly dismissed the appeal without considering the assessee's submissions and providing findings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI
Before: SHRI MAHAVIR SINGH, HON’BLE & SMT. RENU JAUHRI, HON’BLE
The above captioned appeal is preferred by the assessee against the order dated 11.09.2025, passed by Ld. CIT(A)/NFAC, Delhi u/s 250 of the Income Tax Act, 1961 [hereinafter referred to as, “Act”] for A.Y. 2018-19 in Appeal No. NFAC/2017-18/10087520. The Assessment was framed by the Assessing Officer [for short, “AO”] u/s 143(3) r.w.s 144B of the Act, vide order dated 02.09.2021. s 2. Although the assessee has raised five grounds of appeals, the sole substantive issue involved relates to addition of Rs. 1,30,87,124/- u/s 68 of the Act by holding the purchase of shares of the assessee company by four individuals as non-genuine.
1 | P a g e 5411_DEL_2024_Accord Electropower Pvt Ltd Noida 2.1 Briefly stated, the genuineness and creditworthiness of these shareholders were not proved, therefore, Ld. AO made the impugned addition u/s 68 in the hands of the assessee. During appellate proceedings, additional evidences were submitted by the assessee, in respect of which a remand report was sought from the Ld. AO. Based on the remand report, Ld. CIT(A) dismissed the assessee’s appeal without considering the assessee’s reply dated 06.09.2024 and has also not given any findings of his own as regards the merits of the issue.
After hearing the rival submissions and upon careful consideration of the material on record, we deem it appropriate to remand the matter to Ld. CIT(A) for fresh adjudication after considering the assessee’s submissions and to pass a speaking order.
In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the Open Court on 28-01-2026.
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
Latest GST High Court judgments
Search GST case law →- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026
- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026