AMJ MARKETING PRIVATE LIMITED ,NOIDA V. ITO WARD-WARD 5(1)(1) G BUDH NAGAR, G BUDH NAGAR

ITA 1543/DEL/2025

AI Insights

The case involves AMJ Marketing Private Limited, the appellant, contesting an assessment order passed by the Income Tax Officer (ITO) under sections 147 and 144 of the Income Tax Act, 1961, which computed the income of the Assessee at Rs. 1,16,15,987/- for the Assessment Year 2019-20. The Assessee's appeal to the CIT(A) was dismissed, leading to the current appeal before the ITAT. The primary contention in the appeal was the CIT(A)'s dismissal of specific grounds, particularly the grievance regarding the non-granting of the benefit of Index cost of acquisition/construction/improvement for industrial property. The ITAT found that the CIT(A) had not adequately addressed this specific ground and thus remanded the matter back for a fresh decision.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 775368 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: E
• Assessment Year: 2019-2020
• Appeal Filed On: 13-03-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: DHEERAJ KUMAR JAIN
• Keywords: Set aside; Opportunity of being heard; Cost of acquisition
• Section: 147; 144

Judgement Text

"1ITA No.1543/Del/2025 AMG Marketing Pvt. Ltd. Vs. ITO IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘E’ NEW DELHI) BEFORE S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER ITA No. 1543/Del/2025 (A.Y. 2019-20) AMJ Marketing Private Limited Imperial Court, Tower 3, Flat No. 2501, Jaypee Wish town, Sector, 128, Noida 201304Uttar Pradesh PAN: AAECA6801A Vs ITO Ward-5(1)(1), G Budh Nagar, Room No. 303, Aayakar Bhawan, A-2D Sector 24, Nodia (Gautam Budh Nagar) Utttar Pradesh Appellant Respondent Assessee by None Revenue by Sh. Dheeraj Kumar Jain, Sr. DR Date of Hearing 03/09/2025 Date of Pronouncement 12/09/2025 ORDER PER YOGESH KUMAR, U.S. JM: The present appeal is filed by the Assessee against the order of Ld. Commissioner of Income Tax (Appeals/ National Faceless Appeal Centre (‘Ld. CIT(A)/NFAC’ for short), New Delhi dated 21/02/2025 for the Assessment Year 2019-20. 2. Brief facts of the case are that, an assessment order came to be passed on 28/03/2024 passed u/s 147 r.w. Section 144 of the Income Tax Act, 1961 ('Act' for short) by computing the income of the Assessee at Rs. 1,16,15,987/-by making certain additions. Aggrieved by the assessment order dated 28/03/2024, the Assessee preferred Printed from counselvise.com 2ITA No.1543/Del/2025 AMG Marketing Pvt. Ltd. Vs. ITO the Appeal before the Ld. CIT(A). The Ld. CIT(A) vide order dated 21/02/2025 , dismissed the Appeal filed by the Assessee. Aggrieved by the order of the Ld. CIT(A), the Assessee preferred the present Appeal. 3. None appeared for the Assessee. Considering the issue involved in the present Appeal we deem it fit to decide the Appeal on hearing the Ld. Department's Representative and perused the material available on record. 4. We have heard the Department's Representative and perused the material available on record. It can be seen from the order of the Ld. CIT(A) , that the Ld. CIT(A) dismissed the Ground No. 1 to 4 as general grounds. However, on looking into the grounds of Appeal it is found that in Ground No. 4 the Assessee put forth his grievance on the action of the A.O. of not granting the benefit of Index cost of acquisition/ construction/ improvement for industrial property, which is also confirmed by way of registered sale deed, Approved MAP/ sanction letter / Authority transfer permission/ audited books of account.The said Ground No. 4 being specific one the Ld. CIT(A) should have given its finding and decided the matter. In view of the above facts and circumstances, we set aside the order of the Ld. CIT(A) and remand the matter to the file of the A.O. with a direction to the Ld. CIT(A) to decide the Appeal afresh on its merits in accordance with law after providing opportunity of being heard to the Assessee. Printed from counselvise.com 3ITA No.1543/Del/2025 AMG Marketing Pvt. Ltd. Vs. ITO 5. In the result, the Appeal of the Assessee is partly allowed for statistical purpose. Order pronounced in the open court on 12th September, 2025 Sd/- Sd/- (S. RIFAUR RAHMAN) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:- 12 .09.2025 R.N, Sr.P.S* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Printed from counselvise.com "