M/S ABC ASSOCIATES ,SHIVPURI vs. ITO, ASHOKNAGAR

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ITA 118/AGR/2024Status: DisposedITAT Agra22 April 2025AY 2017-18Bench: HON’BLE SHRI SATBEER SINGH GODARA, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, considering principles of natural justice and potential communication gaps in the faceless regime, decided to grant the assessee another opportunity to present its case before the Assessing Officer. The assessment was restored for de novo assessment.

What were the facts?

The Assessing Officer made an addition of Rs. 428.45 Lacs under Section 69A due to a lack of satisfactory explanation from the assessee. The CIT(A) confirmed this addition. The assessee appealed this decision.

What were the issues?

Whether the assessee was provided with a sufficient opportunity to explain the source of unexplained transactions, and if the addition made by the AO was justified.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 69A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “DB” BENCH, AGRA

Before: HON’BLE SHRI SATBEER SINGH GODARA, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

Pronounced: 22.04.2025

(िनधा�रणवष� / Assessment Year: 2017-18) M/s. ABC Associates Income Tax Officer बनाम/ 150, Halwai Khana Ashok Nagar (MP). Vs. Shivpuri (MP). �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAJFM-1151-D (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Sh. Ashok Vijaywargiya, CA – Ld. AR � थ�कीओरसे/Respondent by : Sh. Shailender Shrivastava – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 18-02-2025 घोषणाकीतारीख /Date of Pronouncement : 22.04.2025 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 passed by of learned Commissioner of Income Tax (Appeals), NFAC, Delhi [CIT(A)] on 12-03-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 147 r.w.s. 144 of the Act on 28-02-2022. In the assessment order, Ld. AO made addition of Rs.428.45 Lacs u/s 69A for want of any satisfactory explanation from the assessee. The Ld. CIT(A) confirmed the same for the same very reasons. Aggrieved, the assessee is in further appeal before us. The Ld. AR stated that the assessee is in a position to substantiate its case and accordingly, prayed for another opportunity of hearing before lower authorities which has which has been opposed by Ld. Sr. DR.

2.

Keeping in mind the principles of natural justice and considering the possibility of communication gaps during faceless regime, we deem it fit to afford another opportunity of hearing to the assessee to substantiate its case before Ld. AO. Accordingly, the impugned order is set aside and the assessment is restored back to the file of Ld. AO for de novo assessment after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith.

3.

The appeal stand allowed for statistical purposes. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963.

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