DCIT 9(2)(2), MUMBAI vs. CITYGOLD FARMING P.LTD, MUMBAI
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?
AI-generated summary — verify with the full judgment below
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- Nemi Chand Kothari v. CIT340 citing264 ITR 254 · 2003 · HC
Income Tax Appellate Tribunal, MUMBAI BENCH “C”, MUMBAI
Before: D.T. GARASIA & SHRI MANOJ KUMAR AGGARWAL
Per D.T. GARASIA, Judicial Member:
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.
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.
The matter carried to the Ld. CIT(A) and the Ld. CIT(A) has allowed the appeal of the assessee.
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.
The Ld. A.R. has no objection, if the matter is restored to the file of the AO.
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.
More judgments on Section 133(6)
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Rangoli Hotel, Mehsana vs DCIT, Circle, Gandhinagar, GandhiangarITA 2286/AHD/2026[2020-21]Status: Disposed21 Oct 2026AY 2020-21
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Vikas Ashokkumar Masand, Ahmedabad vs The Dy. Commissioner of Income Tax…ITA 3130/AHD/2026[A.Y. 2017-18]Status: Disposed19 Oct 2026
- Ritu Rajesh Gohil, Jamnagar, Gujarat vs ITO Ward 2(1), Jamnagar, GujaratITA 109/RJT/2026[2018-19]Status: Disposed15 Oct 2026AY 2018-19
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