DCIT 9(2)(2), MUMBAI vs. CITYGOLD FARMING P.LTD, MUMBAI

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ITA 4751/MUM/2015Status: DisposedITAT Mumbai14 July 2017AY 2012-133 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had deleted the addition without proper verification of the creditworthiness, genuineness, and identity of the creditor. Therefore, the matter was restored to the Assessing Officer for a fresh decision.

What were the facts?

The assessee received an advance of Rs. 6,00,00,000/- from M/s. A.N. Enterprises. The assessee could not provide loan confirmation from the lender, although bank statements reflecting the receipt were furnished. The Assessing Officer made an addition as the lender did not respond to a notice.

What were the issues?

Whether the CIT(A) erred in deleting the addition without verifying the identity, creditworthiness, and genuineness of the loan transaction.

Which sections of the Income-tax Act were involved?

Section 133(6)

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Income Tax Appellate Tribunal, MUMBAI BENCH “C”, MUMBAI

Before: D.T. GARASIA & SHRI MANOJ KUMAR AGGARWAL

For Appellant: Shri Vishal Doshi, A.R
For Respondent: Shri Rajat Mittal, D.R
Hearing: 29.06.2017Pronounced: 14.07.2017

Per D.T. GARASIA, Judicial Member:

1.

The present appeal has been preferred by the Revenue against the order dated 29.05.2015 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2012-13.

2.

The short facts of the case are as under: The assessee is a company engaged in business of acquisition by purchase, leasing or otherwise, to carry out agriculture and allied activities and to construct, erect, acquire, equip, lease furnish, convert, adapt, improve, develop, operate and manage all sorts of agricultural parks etc. During the course of assessment proceeding, Ld. A.R. of the assessee was asked to furnish the loan confirmation, ITR and balance sheet in respect of advance given by M/s. A.N. Enterprises to the assessee amounting to Rs.6,00,00,000/-. As the 2 M/s. Citygold Farming P. Ltd. assessee did not produce address of M/s. A.N. Enterprises and said details, the assessee was again given further notice and assessee has furnished own bank statement reflecting the amount received from M/s. A.N. Enterprises. The assessee could not produce the confirmation from the said party. The Assessing Officer (hereinafter referred to as the AO) has issued notice under section 133(6) of the Act to lender who did not respond to the notice. Therefore, AO has made the addition.

3.

The matter carried to the Ld. CIT(A) and the Ld. CIT(A) has allowed the appeal of the assessee.

4.

During the course of hearing, the Ld. D.R. submitted that the Ld. CIT(A) has allowed the appeal without verifying the creditworthiness, genuineness of the transaction and identity of the creditor, therefore, matter may be restored to the AO to verify the same.

5.

The Ld. A.R. has no objection, if the matter is restored to the file of the AO.

6.

We have heard the rival contentions of both the parties. We find that during the course before the Ld. CIT(A), the assessee has submitted own bank statement reflecting the said payment, ledger account of lender and balance confirmation but Ld. CIT(A) has not called for the remand report or the Ld. CIT(A) has not verified these details. The Ld. CIT(A) has, simply relying upon the judgment of Hon’ble Guwahati High Court in the case of Nemi Chand Kothari vs. CIT (2014) 264 ITR 254, deleted the addition. Therefore, we reverse the finding of Ld. CIT(A) and restore this matter back to the file of AO and the AO is directed to decide the matter afresh, as per law.

Order pronounced in the open court on 14.07.2017.

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