M/S ANSHUL GOYAL LAND & HOUSING LTD.,LUDHIANA vs. DCIT, C-VII, LUDHIANA

ITA 1427/CHANDI/2017Status: DisposedITAT Chandigarh25 May 2018AY 2010-113 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal admitted the additional evidence related to Section 40A(3) and remanded the issue back to the CIT(A) for fresh adjudication. The addition under Section 14A was deleted due to the Assessing Officer's failure to record satisfaction and reliance on a superseded CBDT circular.

What were the facts?

The assessee appealed against the CIT(A)'s orders confirming additions made under Section 40A(3) and Section 14A. The assessee also sought to admit additional evidence before the CIT(A), which was refused.

What were the issues?

Whether additional evidence should be admitted for adjudication of Section 40A(3) additions and whether Section 14A disallowance was correctly made without proper satisfaction and in light of judicial pronouncements.

Which sections of the Income-tax Act were involved?

Section 40A(3),Section 14A,Section 250(6),Section 46A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DIVISION BENCH’B’, CHANDIGARH

Before: SMT. DIVA SINGH & DR. B.R.R. KUMAR

For Appellant: Shri. Pankaj Bhalla
For Respondent: Shri. Surinder Meena
Hearing: 22/05/2018Pronounced: 25/05/2018

PER BENCH:

Both the above appeals have been filed by the assessee against the separate order of the Ld. CIT(A)-4, Ludhiana.

2.

Assessee has raised following grounds in ITA No. 1427/Chd/2017 for A.Y. 2010-11:

1.

That the Ld. CIT(A)-4, Ludhiana has erred in passing the order u/s 250(6) of the Income tax Act, 1961. 2. That the Ld. CIT(A)-4, Ludhiana has also erred in confirming the addition of Rs. 9,30,000/- under the head “Payment made in contravention” made u/s 40A(3) of the Income Tax Act, 1961 without any base and reasons thereof.

2.

1 That the Ld. CIT(A) erred in law and facts in refusing to admit additional evidence u/s 46A of the I

The order continues below.

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