DCIT, CIRCLE 4(2), NEW DELHI V. CERISE INTERNET TECHNOLOGIES PVT LTD, NEW DELHI

ITA 3248/DEL/2024

AI Insights

The case involves an appeal by the Revenue against the order passed by the Ld. NFAC, Delhi, which arose from an exparte Assessment Order by the ACIT, Circle 5(2), Delhi under Section 144 of the Income Tax Act, 1961 for the Assessment Year 2017-18. The primary contention revolves around the additional evidences furnished by the assessee, Cerise Internet Technologies Pvt. Ltd., which led to the deletion of the addition made by the Ld. AO. The Ld. CIT(A) did not call for a remand report on these documents, resulting in no deliberation by the Ld. AO. The ITAT found it necessary to remit the case back to the Ld. CIT(A) for a thorough examination of the documents and proper adjudication.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 775891 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-09-2025
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2017-2018
• Appeal Filed On: 09-07-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: RAJESH KUMAR DHANESTA
• Keywords: Additional evidence; Share purchase agreement
• Section: 144

Judgement Text

"P a g e | 1 ITA No.3248/Del/2024 Cerise Internet Technologies Pvt. Ltd. (AY: 2017-18) THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, DELHI BEFORE MS. MADHUMITA ROY, JUDICIAL MEMBER & SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER ITA No.3248/Del/2024 (Assessment Years: 2017-18) DCIT, Circle 4(2) Room No.384, C.R. Building, IP Estate, Delhi – 110002 Vs. Cerise Internet Technologies Pvt. Ltd. H 9/12, F/G Malviya Nagar, Delhi - 110017 \u0001थायीलेखासं./जीआइआरसं./PAN/GIR No: AAGCC1830M Appellant .. Respondent Appellant by : None Respondent by : Sh. Rajesh Kumar Dhanesta, CIT, DR Date of Hearing 01.09.2025 Date of Pronouncement 09.09.2025 O R D E R PER MADHUMITA ROY, JM: The instant appeal filed by the Revenue is directed against the order passed by the Ld. NFAC, Delhi dated 17.05.2024 arising out of the Assessment Order dated 04.12.2019 passed by the ACIT, Circle 5(2), Delhi under Section 144 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for Assessment Year 2017-18. Printed from counselvise.com P a g e | 2 ITA No.3248/Del/2024 Cerise Internet Technologies Pvt. Ltd. (AY: 2017-18) 2. None appeared at the time of call, neither any adjournment has been sough for. It was noticed that in previous occasions whenever the matter was taken up the assessee was never represented in spite of notices having been served upon the assessee. However, it appears that the order passed by the Ld. AO is admittedly an exparte one. The Ld. CIT(A) considered the entire evidences on record and also the additional evidences furnished by the assessee. However, no remand report was called for and on the basis of the additional evidences furnished by the assessee, the addition made by the Ld. AO was deleted. 3. The details of documents in the nature of resolution passed by the assessee to allot shares to Angel Investor, M/s Time Internet Ltd., the valuation of shares made by the Chartered Accountant dated 16.08.2016, the agreement of the investment drawn up between the assessee and M/s Time Internet Ltd. dated 23.08.2016, the bank statement in support of such receipt of capital, copy of share certificate issued to the investor, the return of allotment of shares in Form No. PAS- 3 submitted before the Registrar of Companies, Delhi, were duly placed before the Ld. CIT(A). However, the Ld. CIT(A) had not called for any remand report from the Ld. AO on those documents. Therefore, no deliberation could be made by the Ld. AO on those documents to decide the issue. 3. Having regard to this particular aspect of the matter, we find that the revenue be given a further opportunity particularly the Ld. AO to enquire into the issues involved in the matter by examining the documents. Thus, the appeal is disposed of by remitting the issue to the file of the Ld. CIT(A) for fresh adjudication. The Ld. CIT(A) is directed to Printed from counselvise.com P a g e | 3 ITA No.3248/Del/2024 Cerise Internet Technologies Pvt. Ltd. (AY: 2017-18) call for a remand report from the Ld. AO on the evidences to be considered and to pass orders strictly in accordance with law. The entire process is directed to be completed within a period of 8 months from the date of issuance of this order. 4. The appeal filed by the Revenue is allowed for statistical purposes. Order pronounced in the open court on 09.09.2025 Sd/- (Naveen Chandra) Sd/- (Madhumita Roy) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 09.09.2025 Rohit, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Printed from counselvise.com "