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Income Tax Appellate Tribunal, DELHI BENCH “G” NEW DELHI
Before: SHRI SHAMIM YAHYA & SHRI CHALLA NAGENDRA PRASAD
आदेश / O R D E R PER C. N. PRASAD, J.M.
This appeal is filed by the Revenue against the order of the ld. Commissioner of Income Tax (Appeals) [hereinafter referred 1 to CIT (Appeals)] Hissar, dated 13.02.2017 for assessment year 2012-13.
The Revenue has raised the following substantive grounds of appeal:-
“1. On the facts and in the circumstances of the case, the Ld. CIT (appeal) has erred in deleting the addition made by the AO at Rs.21942400/- on account of contradiction of facts/ narration in books of accounts and Audit Report in the case of M/s Ganga Business Pvt. Ltd. without appreciating the facts that both the documents were furnished by the assessee himself and the assessee even did know the proper transaction with the transacting party namely M/s Ganga Business Pvt. Ltd. as he denied having known of dealings i.e purchase or sell to the said party in his statement during the assessment proceedings. The AO has made addition rightly. 2 On the facts and in the circumstances of the case, the Ld. CIT (appeal) has erred in deleting the addition made by the AO at Rs.109414682/- on account of non-genuine Creditor namely Hement Jems & Jewels, New Delhi without appreciating the facts that the AO got field enquires through inspector of income tax, and found such creditor is not existing. 3 On the facts and in the circumstances of the case, the Ld. CIT (appeal) has erred in accepting the version of assessee and deleting the addition made by the AO at Rs.109414682/- and Rs.21942400 on account of non-genuine Creditor and on account of contradiction of facts/ narration in books of accounts and Audit Report without appreciating the facts mentioned in assessment order itself and without giving any opportunity to AO/ remand report. The AO had found discripencies in the books of A/c, made requisite field enquries, recorded the statement of the assessee and then he had made the above addition in a proper and gist manner 4 On the facts and in the circumstances of the case, the Ld. CIT (appeal) has erred in accepting the version of books of account of assessee without appreciating the facts that the books of accounts have rightly been rejected on the defects noticed and mentioned in the assessment order.”
The ld. Counsel, at the outset, submits that the Revenue’s case is that the assessee has filed additional evidences before the ld. CIT (Appeals) and the ld. CIT (Appeals) without calling for the remand report and providing opportunity to the assessing officer passed order admitting the evidences. The ld. Counsel submits that the assessee has no objection in remanding the matter back to the file of the Assessing Officer for re-adjudication of the issue.
The ld. DR submits that the matter has to be restored to the file of the Assessing Officer for appreciation of the evidences furnished by the assessee before the ld. CIT (Appeals).
Considering the submissions of rival parties, all these issues in appeal are restored to the file of the Assessing Officer for de novo adjudication, after providing adequate opportunity of being heard to the assessee. The assessee is at liberty to file the evidences before the Assessing Officer in support of its claims.
In the result, the appeal of the Revenue is allowed for statistical purposes. Order pronounced in the open court on : 25/04/2023.