INCOME TAX OFFICER, DELHI V. M/S SOLUTION MARKS, DELHI

ITA 5733/DEL/2024

AI Insights

This case involves an appeal by the Revenue against the order of the Commissioner of Income-tax (Appeals), NFAC, Delhi, which pertained to the assessment year 2017-18. The appeal was directed against the order passed under section 144 of the Income-tax Act, 1961 by the Income-tax Officer, Ward 63(5), Delhi. The primary contention raised by the Revenue was the failure of the CIT(A) to provide an opportunity to rebut the additional evidences furnished by the assessee by not calling for a remand report. The Tribunal found merit in the Revenue's appeal and restored the matter to the AO for a fresh assessment after providing an opportunity of hearing to the assessee.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 785197 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2025
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2017-2018
• Appeal Filed On: 11-12-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANISH GUPTA
• Keywords: Additional evidence
• Section: 144

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : G : NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI KRINWANT SAHAY, ACCOUNTANT MEMBER ITA No.5733/Del/2024 Assessment Year : 2017-18 Income-tax Officer, Ward 63(1) New Delhi. Vs. M/s Solution Marks, Shop No.2, Shiv Mandir Back Side Videocon Tower, Jhandewalan Ext., Delhi – 110 055. PAN: ACGFS4256A Assessee by : None Revenue by : Shri Manish Gupta, Sr. DR Date of Hearing : 25.09.2025 Date of Pronouncement : 29.10.2025 ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the Revenue against the order dated 22.07.2024 of the Ld. Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred to as the First Appellate Authority or ‘the ld. FAA’ for short) in appeal No.CIT(A), Delhi-20/10882/2019-20, filed before him against the order dated 30.12.2019 passed u/s 144 of the Income-tax Act, 1961 (hereinafter referred to as Printed from counselvise.com ITA No.5733/Del/2024 2 ‘the Act’) by the ITO, Ward 63(5), Delhi (hereinafter referred to as the Ld. AO, for short). 2. On calling the case for hearing, none appeared for the assessee and the record shows that the notices have been issued repeatedly. No further opportunity is justified. 3. On hearing the ld. DR, we find that by way of revised grounds, ground No.3 has been raised by the Revenue on the basis that the ld.CIT(A) failed to give the Revenue opportunity to rebut the additional evidences furnished by the assessee by calling for remand report. On going through the impugned order of NFAC, we find that as with regard to the issue of additions made to the income of the assessee on the basis of deposit/credit in the bank account, the assessment order was passed u/s 144 of the Act and in paras 7.3 and 7.4, NFAC observes about the evidences which were filed at appellate state and considering those evidences, the impugned order has been passed whereby cash deposits have been accepted to be part of the business of the assessee and addition on account of profit @ 8% of business turnover has been sustained. 4. We find substance in the ground that where the assessee had preferred not to make any factual representations in the assessment proceedings, then, the additional evidences should have been admitted in accordance with the law and particularly calling for remand report from the AO which is not reflected from the impugned order. Printed from counselvise.com ITA No.5733/Del/2024 3 5. Thus, the appeal of the Revenue is allowed for statistical purposes. The issue on merits is restored to the files of AO to give a fresh opportunity of hearing to the assessee and, thereafter, pass an order afresh. Order pronounced in the open court on 29.10.2025. Sd/- Sd/- (KRINWANT SAHAY) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 29th October, 2025. dk Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi Printed from counselvise.com "