AYUSH ADD COM PVT LTD,NEW DELHI vs. ITO WARD - 3(4), NEW DELHI
What did the Tribunal hold?
The Tribunal restored the issue to the AO for fresh examination. The AO was directed to provide the assessee with an adequate opportunity of being heard before re-examining the matter in accordance with the law.
What were the facts?
The assessee appealed an addition of Rs. 19,10,000/- made by the AO as unexplained expenditure under Section 69C. The AO treated purchases from two companies as unexplained, which was sustained by the CIT(A). The assessee claimed the AO did not provide adequate opportunity to represent its case.
What were the issues?
Whether the AO erred in making additions without providing proper opportunity to the assessee and whether the expenditure was indeed unexplained.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “A” NEW DELHI
Before: SHRI NARENDRA KUMAR BILLAIYA & SHRI CHALLA NAGENDRA PRASAD
आदेश /O R D E R PER C.N. PRASAD, J.M.
This appeal is filed by the assessee against the order of Ld. Commissioner of Income Tax (Appeals)-1, New Delhi dated 20.06.2019 for the AY 2011-12 in sustaining the addition made u/s 69C of the Act on account of unexplained expenditure.
Ld. Counsel for the assessee, at the outset, referring to ground no. 3 of the grounds of appeal submits that the AO erred in passing the assessment order without giving assessee proper and adequate opportunity to represent his case in violation of principles of natural justice. Ld. Counsel submits that the AO while computing the assessment u/s 143(3) r.w.s. 147 of the Act made addition of Rs.19,10,000/- as unexplained expenditure u/s 69C of the Act. It is submitted that the AO in the assessment order stated that the assessee has entered into transactions with M/s Anishka Clothing Pvt. Ltd. and M/s Riddhi Siddhi Company Pvt. Ltd. for an amount of Rs.9,55,000/- each and the same was treated as unexplained expenditure u/s 69C of the Act which was sustained by the Ld.CIT(A). The Ld. Counsel submits that in the course of assessment proceedings the assessee vide letter dated 17.12.2018 had confirmed that the assessee had purchased bed sheets from M/s Riddhi Siddhi Clothing Pvt. Ltd. and receipts and payments were duly vouched and the payment was made by the assessee from his bank account and the same was also being reflected in the bank statement of the assessee which was completely ignored by the AO.
The Ld. Counsel further submits that in respect of the transaction said to have been made with M/s Anishka Clothing Pvt. Ltd. the assessee has submitted that it has never entered into any transaction with M/s Anishka Clothing Pvt. Ltd. which was also ignored by the AO. Ld. Counsel submits that since there was no proper opportunity by the AO the same may be restored to the AO for fresh examination.
Ld. DR has no serious objection in sending the matter back to the file of the AO for fresh examination.
Considering the rival submissions and perusing the orders of the authorities below the issue in appeal is restored to the file of the AO with a direction to examine afresh in accordance with law after providing adequate opportunity of being heard to the assessee.
In the result, appeal of the assessee is allowed for statistical purpose.
Order pronounced in the open court on 31.05.2023
More judgments on Section 69C
- Jitendrakumar Bhikhabhai Shrimali, Mehsana vs ITO Ward 1, MehsaanaITA 1290/AHD/2026[2017-18]Status: Disposed21 Oct 2026AY 2017-18
- Sonu Jain, Agra vs ITO WD(1)(1)(2), AgraITA 671/AGR/2026[2024-25]Status: Disposed16 Oct 2026AY 2024-25
- Mritunjay Singh, Kudra vs AO, SasaramITA 454/PAT/2026[2017-2018]Status: Disposed16 Oct 2026AY 2017-2018
- Shantilal Mafaji Kachchhava, Banaskantha vs ITO WD 1 Palanpur, PalanpurITA 2256/AHD/2026[2023-24]Status: Disposed16 Oct 2026AY 2023-24
- Madhusudhan Gade, Nizamabad vs ITO., Ward-1, NizamabadITA 379/HYD/2025[2017-18]Status: Disposed16 Oct 2026AY 2017-18
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