CIT v. Jansampark Advertising & Marketing (P.) Ltd.

56 Taxmann.com 286High Court2015#478 most cited

What is CIT v. Jansampark Advertising & Marketing (P.) Ltd. authority for?

The Commissioner of Income-tax (Appeals) has an independent statutory obligation to conduct proper inquiries and verify facts, especially when the Assessing Officer has failed to do so. The CIT(A) must ensure effective inquiry is carried out before deleting additions or accepting additional evidence.

196

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. Jansampark Advertising · Jansampark Advertising · 375 ITR 373 · CIT(A) obligation to inquire · independent verification of facts · section 250(4) · Rule 46A · additional evidence · deleting additions · unexplained investments · cash credits · duty of appellate authority

Issues it is cited on

Judgments citing CIT v. Jansampark Advertising & Marketing (P.) Ltd.

ACIT, CC-1, Jaipur vs. Dr. Shiv Gautam, Jaipur

In the result, appeal of the Revenue is dismissed

ITA 85/JPR/2021[2017-18]Status: DisposedITAT Jaipur31 Mar 2022AY 2017-18

Bench: Shri Sandeep Gosain, Jm & Shri Rathod Kamlesh Jayantbhai, Am Vk;Dj Vihy La-@Ita No. 85/Jp/2021 Fu/Kzkj.K O"Kz@Assessment Year :2017-18 A.C.I.T., Cuke Dr. Shiv Gautam, Central Circle-1, Vs. 1, Gokul, Jacob Road, Civil Lines, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Abopg 4893 N Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Shri Sanjay Dhariwal (Cit-Dr) Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri P.C. Parwal (Ca) Lquokbz Dh Rkjh[K@ Date Of Hearing : 16/02/2022 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 31/03/2022 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Revenue Against The Order Of Ld. Cit(A)- 4, Jaipur Dated 28/05/2021 For The A.Y. 2017-18 In The Matter Of Order Passed U/S 143(3) Read With Section 153B(1)(B) Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs.17.30 Lakhs Inspite Of The Fact That The Assessee Has Made Surrender Of This Amount In His Statement Recorded As Per Law & Had Attributed It To Hitherto Undisclosed Receipts. 2. Whether On The Facts & In Circumstances Of The Case & In Law The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs. 1,77,34,000/-

For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri Sanjay Dhariwal (CIT-DR) fu/kZkfjrh dh vksj ls@
Section 143(3)Section 153B(1)(b)Section 250Section 250(4)

…r powers available to her within the meaning of provisions of Section 250(4) of the Income Tax Act, 1961. In this connection, reliance is placed upon order of Hon’ble Delhi High Court in the case of CIT V. Jansampark Advertising and Marketing private Limited, 375 ITR 373 Delhi, wherein it has been held at para 42 as follows. “The AO here may have failed to discharge his obligation to conduct a proper inquiry to take the matter to logical conclusion. But CIT(A), having noticed want of proper inquiry, could not have closed the chapter simply by allowing the appeal and deleting the additions made.” 3. Whether on the…