RUJAY H.P. COMPLEX ,PANCHKULA SAHA MARG SHEHZADPUR vs. INCOME TAX OFFICER WARD 3, ITO WARD AMBALA

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ITA 803/CHANDI/2023Status: DisposedITAT Chandigarh21 November 2024AY 2017-18Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the CIT(A) passed an ex-parte order without deciding the merits of the case. Therefore, the assessee deserves another opportunity to present their case.

What were the facts?

The assessee's return for AY 2017-18 was selected for scrutiny due to large cash deposits during demonetization and loan settlements. The Assessing Officer added Rs. 17,74,323/- under Section 69A for undisclosed income.

What were the issues?

Whether the addition made under Section 69A was justified without a proper adjudication on merits by the CIT(A)?

Which sections of the Income-tax Act were involved?

Section 69A

AI-generated summary — verify with the full judgment below

Order PER VIKRAM SINGH YADAV, A.M. : This is an appeal filed by the Assessee against the order of the Ld. CIT(A)/NFAC, Delhi dt. 03/11/2023 pertaining to Assessment Year 2017-18, wherein sole ground of appeal

relates to addition of Rs. 17,74,323/- by invoking the provisions of Section 69A of the Act.

2. Briefly the facts of the case are that the return of income was filed by the Assessee on 31/10/2017 thereafter the case of the assessee was selected for scrutiny to verify large value of cash deposited during the Demonetization period and large square up loans during the year. Thereafter notice under section 143(2) and 142(1) were issued calling for the information / explanation from the assessee. However, not finding the submissions so made by the assessee as acceptable, amount of Rs. 17,74,323/- was brought to tax as income from undisclosed sources under section 69A of the Act.

3. Being aggrieved, the assessee carried the matter in appeal before the Ld. CIT(A) who has since sustained the said addition by passing an ex-parte order and against the said order, the assessee is in appeal before us.

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