PARSHWA PRINT PACK PVT. LTD.,,WADHWAN vs. THE ASSISTANT COMMR. INCOME TAX, SURENDRANAGAR CIRCLE,, SURENDRANAGAR

ITA 311/RJT/2015Status: DisposedITAT Rajkot29 March 2023AY 2010-11Bench: MS. SUCHITRA KAMBLE (Judicial Member), SHRI WASEEM AHMED (Accountant Member)14 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the AO's additions were based on statements recorded without providing the assessee an opportunity for cross-examination, violating principles of natural justice. The Tribunal also noted issues with the timeliness of the assessment for one year and the lack of clarity on the reopening of assessment for another.

What were the facts?

The assessee claimed commission expenses and unsecured loans, but the Assessing Officer (AO) treated them as bogus. The AO disallowed these expenses and additions based on statements from commission agents and loan creditors recorded behind the assessee's back. The assessee appealed to the CIT(A).

What were the issues?

Whether additions made by the AO based on ex-parte statements without providing cross-examination are valid. Whether the assessment proceedings were conducted within the prescribed time limits and if the reopening of assessment was justified.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 37(1),Section 68,Section 36(1)(iii),Section 131(1),Section 133(6),Section 147,Section 148,Section 153

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Cases cited in this judgment(3)Show list

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Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: MS. SUCHITRA KAMBLE & SHRI WASEEM AHMED

For Appellant: Shri Parth Mehta, A.R
For Respondent: Shri B. D. Gupta, Sr. DR
Hearing: 16/01/2023Pronounced: 29/03/2023

आदेश आदेश आदेश

PER WASEEM AHMED, ACCOUNTANT MEMBER:

The captioned three appeals have been filed at the instance of the assessee against the sepa

The order continues below.

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