BHAVSAGAR DEALERS PVT LTD,DELHI V. ITO, WARD 4(1), DELHI

ITA 594/DEL/2025

AI Insights

The case involves Bhavsagar Dealers Pvt Ltd, the appellant, contesting an addition of Rs. 5,45,00,000 made by the Assessing Officer under section 50C of the Income Tax Act, due to a discrepancy in the declared sale value of an immovable property. The return of income filed by the assessee for the assessment year 2017-18 was selected for limited scrutiny, leading to the issuance of statutory notices and subsequent additions by the AO. The CIT(A) upheld the AO's decision, rejecting additional evidences under rule 46A. The Tribunal found merit in the assessee's argument regarding the non-consideration of additional evidences and decided to set aside the appeal for fresh adjudication by the CIT(A).

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 780415 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2017-2018
• Appeal Filed On: 31-01-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR DHANESTA
• Assessee Lawyers: SACHIN JAIN
• Keywords: Set aside; Opportunity of being heard; Additional evidence; Sale consideration of property below Jantri Value
• Section: 144; 50C

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘B’ BENCH, NEW DELHI BEFORE SHRI YOGESH KUMAR US, JUDICIAL MEMBER, AND SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER ITA No. 594/DEL/2025 [A.Y. 2017-18] Bhavsagar Dealers Pvt Ltd Vs. The Income tax Officer G-29, NDM-1, Netaji Subhash Place Ward - 4(1) Pitampura, Delhi Delhi PAN: AACCB 7802 Q (Applicant) (Respondent) Assessee By : Shri Sachin Jain, Adv Department By : Shri Rajesh Kumar Dhanesta, Sr. DR Date of Hearing : 25.09.2025 Date of Pronouncement : 08.10.2025 ORDER PER NAVEEN CHANDRA, ACCOUNTANT MEMBER:- This appeal by the assessee is preferred against the order of the NFAC, Delhi dated 23.12.2024 for A.Y 2017-18. 2. The only issue arising out of the 5 grounds of appeal raised by the assessee is against the addition of Rs. 5,45,00,00/- made by the Assessing Officer. Printed from counselvise.com ITA No. 594/DEL/2025 [A.Y 2017-18] Bhavsagar Dealers Page 2 of 4 3. Briefly stated, the facts of the case are that the assessee filed its Return of Income on 29.09.2017 declaring an income of Rs. 56,26,520/- Return was selected for limited scrutiny assessment through CASS and accordingly, statutory notices were issued and served upon the assessee. The AO passed an order u/s 144 wherein he made an addition of Rs 5,45,00,000/- u/s 50C on account of difference in sale value of the immovable property as declared by the assessee and the buyer. On appeal before the CIT(A), the assessee failed and the additional evidences submitted before the CIT(A) were declined to be considered u/r 46A. 4. At the very outset of the opening of the arguments, the ld. counsel for the assessee vehemently contended that the ld. CIT(A) did not consider the additional evidences furnished by the assessee and hence the appeal may be set aside for adjudication afresh. 5. The ld. DR on the other hand did not seriously object to the same. 6. We have heard the rival submissions and have perused the relevant material on record. We find substance in the arguments of the ld. counsel for the assessee. We are, therefore, of the considered view that Printed from counselvise.com ITA No. 594/DEL/2025 [A.Y 2017-18] Bhavsagar Dealers Page 3 of 4 in the interest of justice and fair play, it would be fit to restore the issues to the file of the ld. CIT(A) for adjudication afresh after affording sufficient opportunity of being heard to the assessee. 7. The CIT(A) is directed to consider the additional evidences and documents and decide the issues afresh after getting report from the Assessing Officer and affording reasonable and adequate opportunity of being heard to the assessee. The assessee is also directed to provide necessary information/documents as required by the authorities. 8. In the result, appeal of the assessee in ITA No. 594/DEL/2025 is allowed for statistical purposes. The order is pronounced in the open court on 08.10.2025. Sd/- Sd/- [YOGESH KUMAR U.S.] [NAVEEN CHANDRA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 08th OCTOBER, 2025. VL/ Copy forwarded to: 1. Appellant 2. Respondent 3. CIT Printed from counselvise.com ITA No. 594/DEL/2025 [A.Y 2017-18] Bhavsagar Dealers Page 4 of 4 4. CIT(A) Asst. Registrar, 5. DR ITAT, New Delhi Sl No. PARTICULARS DATES 1. Date of dictation of Tribunal Order 2. Date on which the typed draft order is placed before the Dictating Member 3. Date on which the typed draft order is placed before the other Member [in case of DB] 4. Date on which the approved draft order comes to the Sr. P.S./P.S. 5. Date on which the fair Order is placed before the Dictating Member for sign 6. Date on which the fair order is placed before the other Member for sign [in case of DB] 7. Date on which the Order comes back to the Sr. P.S./P.S for uploading on ITAT website 8. Date of uploading, inf not, reason for not uploading 9. Date on which the file goes to the Bench Clerk 10. Date on which the file goes for Xerox 11. Date on which the file goes for endorsement 12. The date on which the file goes to the Superintendent for checking 13. Date on which the file goes to the Assistant Registrar for signature on the order 14. Date on which the file goes to the dispatch section for dispatch the Tribunal order 15. Date of Dispatch of the Order 16. Date on which the file goes to the Record Room after dispatch the order Printed from counselvise.com "