Pumpwell Drillers Pvt Ltd, Faridabad V. ITO WARD - 20(2), New Delhi

ITA 1304/DEL/2020

AI Insights

The case involves Pumpwell Drillers Pvt. Ltd., the appellant, contesting an order from the CIT (Appeals)-7, Delhi, which confirmed an addition of Rs.72,37,166 to the company's income, treating it as taxable under section 68 of the Income-tax Act, 1961. The addition was initially made by the Assessing Officer (AO) due to the assessee's non-cooperation in the assessment proceedings. The CIT(A) rejected additional evidences provided by the assessee during the appellate proceedings, leading to the current appeal. The Tribunal, after hearing both parties, decided to remit the case back to the CIT(A) for a fresh evaluation of the additional evidences.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113873 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-04-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 02-04-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 28-06-2020
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Additional evidence
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘F’ : NEW DELHI) SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.1304/Del./2020 (ASSESSMENT YEAR : 2011-12) Pumpwell Drillers Pvt. Ltd., vs. ITO, Ward 20 (2), AK – 602, BPTP Park, Granduera, New Delhi. Sector 82, near DPS, Faridabad (Haryana). (PAN : AAACP7268G) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Jitender Wadhwa, CA REVENUE BY : Shri B.K. Singh, Sr. DR Date of Hearing : 03.04.2023 Date of Order : 13.04.2023 ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal by the assessee is directed against the order of ld. CIT (Appeals)-7, Delhi dated 12.02.2020 pertaining to AY 2011-12. 2. The grounds of appeal taken by the assessee read as under :- “1. On the facts & Circumstances of the case, the order passed by the learned Commissioner of Income Tax ( Appeals) [ CIT ( A) ] is bad, both in the eye of law and on the facts. 2. That having regard to facts and circumstances of the case, the learned CIT(A) has erred in law and facts in not admitting the additional evidence adducted by the appellant during the appellate proceedings before the learned ITA No.1304/Del./2020 2 CIT(A).confirming the addition to the extent of Rs.72,37,166/- of the gross receipt instead of a reasonable profit margin as the total income of the appellant company. 3 That having regard to facts and circumstances of the case, the learned CIT(A) has erred in confirming the action of ld AO of treating the gross receipt of Rs.72 as reflected in form 26AS as taxable income, of the appellant instead of a reasonable profit margin as the total income of the appellant company. It is prayed that above mentioned addition is unjustified, unwarranted and bad in law, which is liable to be deleted, be deleted.” 3. Brief facts of the case are that in the assessment order, AO noted that after giving several opportunities, assessee did not turn up, hence the impugned money received amounting to Rs.72,37,166/- on account of contract receipts was added under section 68 of the Income-tax Act, 1961 (for short 'the Act') in the hands of the assessee. 4. Before the ld. CIT (A), assessee adduced some additional evidences. However, because assessee had not cooperated earlier, ld. CIT(A) rejected the additional evidences and confirmed the addition. 5. Assessee is in appeal before us against this order. We have heard both the parties and perused the records. 6. Ld. Counsel of the assessee prayed that the additional evidences may kindly be accepted and the matter may be remitted to the file of ld. ITA No.1304/Del./2020 3 CIT (A). Ld. DR for the Revenue did not have any opposition to this request. 7. Accordingly, in the interest of justice, we direct the ld. CIT(A) to admit the additional evidences and pass an appropriate order. Needless to say, assessee may be provided an opportunity of being heard. 8. In the result, the assessee’s appeal is allowed for statistical purposes. Order pronounced in the open court on this 13 th day of April, 2023. Sd/- sd/- (ANUBHAV SHARMA) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated the 13 th day of April, 2023 TS Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT (A)-7, Delhi. 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI.