MADAN LAL GUPTA,AGRA vs. ITO., WARD-2(1)(4), AGRA

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ITA 76/AGR/2022Status: DisposedITAT Agra12 February 2025AY 2017-18Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the issue needed to be adjudicated afresh by the CIT(A)/NFAC, with the assessee bearing the responsibility to prove the relevant facts.

What were the facts?

The assessee contended that a partnership firm, M/s Shiv Trader, was dissolved in 2006 and this was intimated to the Assessing Officer. The Revenue argued that this document was not on record with the lower authorities.

What were the issues?

Whether the dissolution of a partnership firm and intimation thereof to the AO was on record and how it impacts the assessment proceedings.

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “DB” BENCH, AGRA

Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL

Hearing: 12.02.2025Pronounced: 12.02.2025

PER SATBEER SINGH GODARA, JUDICIAL MEMBER:

1.

This assessee’s appeal for assessment year 2017-18 arises against Commissioner of Income Tax(Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”] Delhi’s DIN and Order No. ITBA/NFAC/S/250/2021-22/1041547255(1) dated 25.03.2022, involving proceedings u/s 144 of the Income-tax Act, 1961, [hereinafter referred to as the ‘Act’].

2.

Heard both the parties at length. Case file perused.

Madan Lal 3. Learned counsel raises the assessee’s first and foremost legal issue at the outset that it was in fact a partnership earlier in the name and style of M/s Shiv Trader which stood dissolved way back on 31.06.2006. And that due intimation to this effect was sent to the Assessing Officer at that point of time on 16.05.2006 (copy enclosed).

4.

The Revenue’s case on the other hand is that the assessee’s foregoing document nowhere forms part of the records before either of the lower authorities.

5.

That being the case, we are of the considered view that the instant legal question needs to be adjudicated afresh by the Learned CIT(A)/NFAC; as the case may be, preferably within three effective opportunities with a rider that it shall be assessee’s risk and responsibility to prove all the relevant facts, in consequential proceedings. All other issue are left open at this stage. Ordered accordingly.

6.

This assessee’s appeal is allowed for statistical purposes.

Order pronounced in the open court on 12.02.2025

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