DELHI TRADERS,BHOPAL vs. THE ITO 2(4), BHOPAL

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ITA 373/IND/2022Status: DisposedITAT Indore15 February 2024AY 2013-14Bench: SHRI VIJAY PAL RAO (Judicial Member), SHRI B.M. BIYANI (Accountant Member)11 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, in agreement with both parties, decided to remand the case back to the AO. The AO is to re-adjudicate the matter after considering the additional evidence submitted by the assessee and any other evidence produced during the hearing.

What were the facts?

The Assessing Officer (AO) made additions to the assessee's income under Section 68 for unexplained unsecured loans and sundry creditors. The assessee did not get relief from the CIT(A) as they could not provide documents from the lenders at that time.

What were the issues?

Whether the additions made under Section 68 for unexplained loans are sustainable when the assessee subsequently provides supporting documents. The need to allow the assessee to present additional evidence before the AO.

Which sections of the Income-tax Act were involved?

Section 68,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI VIJAY PAL RAO & SHRI B.M. BIYANI

For Appellant: Shri Sumit Nema, Sr. Adv., Shri Gagan Tiwari and Shri Arun Dwivedi, ARs
For Respondent: Shri Ashish Porwal, Sr. DR
Hearing: 14.02.2024Pronounced: 15.02.2024

आदेश / O R D E R

Per B.M. Biyani, A.M.:

1.

Feeling aggrieved by appeal-order dated 02.09.2022 passed by learned Commissioner of Income-Tax (Appeals), NFAC, Delhi [“CIT(A)”], which in turn arises out of assessment-order dated 21.03.2016 passed by learned ITO, 2(4), Bhopal [“AO”] u/s 143(3) of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2013-14, the assessee has filed this appeal.

2.

Ld. Senior Advocate, Shri Sumit Neema, representing the assessee/ appellant straightaway submitted that the AO has made additions u/s 68 in Delhi Traders, Bhopal vs. ITO, 2(4), Bhopal AY 2013-14 respect of unexplained unsecured loans/sundry creditors which the assessee contested in first appeal but did not get any relief. He further submitted that the impugned additions have been made by AO/upheld by first-appellate authority for the reason that the assessee was not able to file documents of/from concerned lenders/creditors. However, the assessee has subsequently received documents from concerned parties and the same are being submitted in the form of a separate paper-book. He submitted that the assessee has moved an application under Rule 29 of Income-tax (Appellate Tribunal) Rules, 1963 for admission of these documents as additional evidences. A copy of the application filed by the assessee, which also contains the details of additional evidences, is scanned and reproduced below :-

Delhi Traders, Bhopal vs. ITO, 2(4), Bhopal AY 2013-14 Delhi Traders, Bhopal vs. ITO, 2(4), Bhopal AY 2013-14 Delhi Traders, Bhopal vs. ITO, 2(4), Bhopal AY 2013-14 Delhi Traders, Bhopal vs. ITO, 2(4), Bhopal AY 2013-14 Delhi Traders, Bhopal vs. ITO, 2(4), Bhopal AY 2013-14 Delhi Traders, Bhopal vs. ITO, 2(4), Bhopal AY 2013-14 Delhi Traders, Bhopal vs. ITO, 2(4), Bhopal AY 2013-14 Delhi Traders, Bhopal vs. ITO, 2(4), Bhopal AY 2013-14

3.

Ld. AR submitted that these evidences are very crucial for adjudication of assessee’s grievances and required to be examined by AO. Therefore, it would be an appropriate action at this stage to remand this matter back to the concerned AO for adjudication afresh after taking into account these evidences and also any evidence as may be produced by assessee during hearing by AO. Ld. DR for revenue did not have any objection to the proposal of Ld. AR but, however, requests the Bench to direct the assessee to ensure proper participation before AO.

5.

In view of the consensus by both sides and having regard to the principal of fair play and to impart justice, we are inclined to remand this case back to the file of AO for adjudication afresh. The AO shall consider the additional evidences filed by the assessee as aforesaid and also any other evidence as the assessee may produce before him at the time of hearing. The assessee is also directed to ensure adequate participation in the hearing fixed by the AO and do not seek unnecessary adjournments. Accordingly, this matter is remanded to the file of AO.

6.

Resultantly, the appeal is allowed for statistical purposes.

Order pronounced in open court on 15.02.2024

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