ITO, NEW DELHI vs. SH. ROHIT CHOPRA, NEW DELHI

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ITA 4427/DEL/2013Status: DisposedITAT Delhi29 April 2016AY 2008-092 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored both issues to the Assessing Officer for de novo consideration. The assessee was directed to be given a proper opportunity to present their case and cooperate with the proceedings.

What were the facts?

The Department appealed against an order by the CIT(A) that deleted additions made under Section 68 and on an estimated basis. The assessment was framed under Section 144.

What were the issues?

Whether the additions made by the Assessing Officer were justified and if the assessee was provided with adequate opportunity to present their case.

Which sections of the Income-tax Act were involved?

Section 68,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘F’ NEW DELHI

Before: SHRI SUDHANSHU SRIVASTAVA & SHRI L.P. SAHU

For Appellant: Shri Ashis Chandra Mohanty, Sr. DR
For Respondent: Shri Rakesh Jain, Adv
Hearing: 27.04.2016Pronounced: 29.04.2016

PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER The present appeal is preferred by the Department against the impugned order dated 30.5.2013 passed by the Ld. CIT(A)- XXIV, New Delhi wherein the Ld. CIT(A) has deleted additions of Rs. 79.64 lacs added u/s 68 of the Income Tax Act, 1961 and Rs. 3.00 lcas on an estimate basis.

2.

At the outset, it was submitted by the Ld. AR in all fairness that the assessment was framed u/s 144 of the Act and that he does not have any objection to the issues being restored to the file of the Assessing Officer for a de novo consideration. The Ld. DR concurred with the submissions of the Ld. AR.

3.

Accordingly, we restore both the issues for fresh adjudication to the file of the Assessing Officer with the direction that the assessee be afforded proper opportunity to present his case as well as the assessee is to extend all possible cooperation in the disposal of the case.

4.

In the result, the appeal of the Department is allowed for statistical purposes.

Order pronounced in the Open Court on 29th April, 2016.

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