Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, “C” BENCH, KOLKATA
This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 26.10.2023 for the AY 2012-13.
The assessee has challenged the order on four grounds. There are two effective issues involved, one is against the confirmation of addition of ₹46,59,093/- as made by the ld. AO on account of bogus project expenses and second against the confirmation of ₹6,01,000/- as made by the ld. AO on account of undisclosed income from maintenance.
At the outset, we note that there is a delay of 258 days for filing the appeal for which assessee has moved a condonation petition along with affidavit of Shri Pradeep Kumar Sureka son of Bishwambhar
After hearing both the sides on the issues involved and going through the records available before us, we find that the ld. CIT (A) has given a clear-cut finding that the assessee failed to explain the project expenses as well as any possible explanation for unexplained income of ₹6,01,000/- which are added by the ld. AO to the income of the assessee. We note that the assessee has furnished the details / voucher before the appellate authority in annexure 13, which according to the appellate authority was not corresponding to the year under consideration. Considering these facts and circumstances, we are of the view that the issue needs to be examined at the level of the ld. CIT (A) so that the adjudication could be made denovo.
After taking into account the facts and circumstances of the case and evidences on record, we accordingly, restore the issue to the file of
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 16.12.2024.