BHA vs. AGAR DEALERS PVT LTD,DELHIVS.ITO, WARD 4(1), DELHI

Briefly stated, the facts of the case are that the assessee filed its Return of Income on 29.09.2017 declaring an income of Rs. 56,26,520/- Return was selected for limited scrutiny assessment through CASS and accordingly, statutory notices were issued and served upon the assessee. The AO passed an order u/s 144 wherein he made an addition of Rs 5,45,00,000/- u/s 50C on account of difference in sale value of the immovable property as declared by the assessee and the buyer. On appeal before the CIT(A), the assessee failed and the additional evidences submitted before the CIT(A) were declined to be considered u/r 46A.

At the very outset of the opening of the arguments, the ld. counsel for the assessee vehemently contended that the ld. CIT(A) did not consider the additional evidences furnished by the assessee and hence the appeal may be set aside for adjudication afresh.

The ld. DR on the other hand did not seriously object to the same.

We have heard the rival submissions and have perused the relevant material on record. We find substance in the arguments of the ld. counsel for the assessee. We are, therefore, of the considered view that [A.Y 2017-18] Bhavsagar Dealers

The CIT(A) is directed to consider the additional evidences and documents and decide the issues afresh after getting report from the Assessing Officer and affording reasonable and adequate opportunity of being heard to the assessee. The assessee is also directed to provide necessary information/documents as required by the authorities.

In the result, appeal of the assessee in ITA No. 594/DEL/2025 is allowed for statistical purposes.