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Income Tax Appellate Tribunal, “SMC” BENCH, AGRA
Before: HON’BLE SHRI SATBEER SINGH GODARA, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
(िनधा�रणवष� / Assessment Year:2014-15) Shri Sanjay Sharma Income-tax Officer, बनाम/ 51, PG enclave, Patel Nagar, Ward 3(2), Gwalior. Vs. City Centre, Gwalior (MP). �थायीलेखासं./जीआइआरसं./PAN/GIR No. AUBPS-3595-D (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Sh. S.C. Jain, CA – Ld. AR � थ�कीओरसे/Respondent by : Sh. Shailender Shrivastava – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 20-02-2025 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) 2014-15 arises out of an order passed by learned Commissioner of Income Tax (Appeals), NFAC, Delhi [CIT(A)] on 21-11-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 28-12-2016. The assessee provides services of supervision and quality control. In the assessment order, Ld. AO assessed total income at Rs.45.48 Lacs after various additions / disallowances. The Ld. CIT(A) confirmed the assessment against which the assessee is in further appeal before us. The grievance of the assessee is – (i) Addition of Unaccounted expenditure for Rs.20.88 Lacs; (ii) Addition of Sundry Creditors u/s 68 for Rs.13.50 Lacs; (iii) Addition u/s 56(2) for Rs.1.43 Lacs. It could also be seen that the assessee has not made any representation during first appeal. Having heard rival submissions, the appeal is disposed-off as under.
The Ld. AR has stated that assessee’s books were duly audited and there was no unaccounted expenditure. The assessee has shown progressive results. On the issue of sundry creditors, it has been stated that these are mere provisions for rent which has been repaid in subsequent years. On the invocation of Sec. 56(2), Ld. AR has stated that the differential is less than 10%.
Finding substance in these arguments, we restore the appeal back to the file of Ld. CIT(A) for fresh adjudication with a direction to the assessee to substantiate its case.
The appeal stand allowed for statistical purposes. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963.