TRIKUTA TRADERS,JAMMU vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE--1, SRINAGAR
Facts
The assessee, M/s Trikuta Traders, appealed against the CIT(A)'s order for AY 2017-18, which confirmed the AO's addition of Rs. 61.88 Lacs cash deposit made on a best judgment basis under sections 147 and 144 of the Act. The CIT(A) had confirmed the assessment due to the assessee's non-representation, but the assessee subsequently submitted supporting documents to the Tribunal.
Held
The Tribunal, citing principles of natural justice, set aside the impugned order and remanded the matter back to the Ld. CIT(A) for reconsideration. The CIT(A) is directed to examine the fresh evidences submitted by the assessee, and the assessee is required to present and prove its case forthwith.
Key Issues
Whether the addition of cash deposit, confirmed by the CIT(A) due to the assessee's non-representation, should be re-examined by considering fresh evidence submitted before the Tribunal.
Sections Cited
147, 144
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘DB’, AMRITSAR BENCH, AMRITSAR
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI UDAYAN DAS GUPTA, JM
IN THE INCOME TAX APPELLATE TRIBUNAL ‘DB’, AMRITSAR BENCH, AMRITSAR HYBRID HEARING BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI UDAYAN DAS GUPTA, JM आयकर अपील सं./ ITA No. 128/ASR/2025 (िनधा�रण वष� / Assessment Year: 2017-18) M/s Trikuta Traders ITO बनाम/ Qtr No. 122, Near Gita Mandhir Ward, Jammu Vs. Bakshi Nagar, Jammu-180001 Rail Road Complex, Jammu �ायी लेखा सं./PAN. AAJFT-7371-C (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ�कीओरसे/Appellant by : Written Submissions ��थ�कीओरसे/Respondent by : Shri Charan Dass (Addl. CIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 13-10-2025 घोषणाकीतारीख /Date of Pronouncement : 16/10/2025 आदेश / O R D E R
Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of an order of Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 29-12-2023 in the matter of an assessment framed by Ld. AO on best judgment basis u/s 147 r.w.s. 144 of the Act on 30-03-2022. The assessee did not file return of income. The assessee’s case was reopened wherein Ld. AO made addition of cash deposit of Rs.61.88 Lacs. The Ld. CIT(A) confirmed the
assessment for want of any representation from the assessee. The assessee, in the written submissions before us, has filed various documents which include copy of partnership deed, synopsis, and financial statements in support of impugned deposits. 2. Keeping in mind the principles of natural justice, we set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) to reconsider these evidences with a direction to the assessee to plead and prove its case forthwith. 3. The appeal stand allowed for statistical purposes. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963.
Sd/- Sd/- (UDAYAN DAS GUPTA) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 16/10/2025 आदेश की 5ितिलिप अ7ेिषत /Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु-/CIT 4. िवभागीय�ितिनिध/DR 5. गाड3फाईल/GF ASSISTANT REGISTRAR
ITAT AMRITSAR
