A F Enterprises Ltd, New Delhi V. ACIT, Circle-1(1), New Delhi

ITA 2797/DEL/2022

AI Insights

The case involves M/s A.F. Enterprises Limited, which appealed against the order of the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre, Delhi, confirming an addition of Rs. 46,39,000 made by the AO under section 68 of the Income Tax Act, 1961. The addition pertained to cash sales made to Fashion King Garments Ltd. and Ganesh Enterprises during the assessment year 2017-18. The assessee argued that the authorities did not provide an effective opportunity to explain and confirm the transactions, and that the parties involved had indeed confirmed their accounts. The Tribunal found that the AO had not adequately addressed the purchases related to the sales in question and noted the potential applicability of TCS provisions to the transactions.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 108586 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 26-07-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 27-11-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Section: 68; 143(3)

Judgement Text

1 ITA No. 2797/Del/2022 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “SMC”: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER ITA No. 2797 /DEL/2022 Assessment Year: 2017-18 M/s A.F. Enterprises Limited, DSM-334, DLF Tower, Shivaji Marg, Moti Nagar, New Delhi-110015. PAN-AAACA0482D Vs ACIT, Circle-1(1), New Delhi. APPELLANT RESPONDENT Assessee represented by Sh. Bhupinder Jit Kumar, Adv. Department represented by Sh. Om Parkash, Sr. DR Date of hearing 27.07.2023 Date of pronouncement 31.07.2023 O R D E R PER KUL BHARAT, JM: This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, pertaining to the assessment year 2017-18. The assessee has raised following ground of appeal: 2 ITA No. 2797/Del/2022 “That on the facts and circumstances of the case, the learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre, Delhi [‘CIT(A)’] erred on facts and in law in the impugned order dated 28.09.2022 passed in Appeal No. CIT(A), Delhi-1/10391/2019-20 confirming the addition of Rs. 46,39,000 made by Assistant Commissioner of Income-tax, Circle-1(1), New Delhi [‘AO’] under section 68 of the Income tax Act, 1961 [the ‘Act’] in the assessment order dated 08.12.2019 passed for Assessment year [‘A.Y.’] 2017-18 under section 143(3) of the Act.” 2. The only effective ground in this appeal is against confirming the addition of Rs. 46,39,000/- . Facts giving rise to the present appeal are that in this case return was filed electronically declaring income of Rs. 3,50,350/-. The case was selected for scrutiny assessment and the assessment u/s 143(3) of the Income tax Act, 1961 [the ‘Act’] was framed. Thereby the AO made addition of Rs. 46,39,000/- in respect of cash sales made to Fashion King Garments Ltd. and Ganesh Enterprises. Aggrieved against this the assessee preferred appeal before learned CIT(Appeals), who after considering the submissions sustained the addition. Aggrieved against this the assessee is in appeal before this Tribunal. 3. Learned counsel for the assessee vehemently argued that the authorities below were not justified in sustaining the additions. He further reiterated the submissions as made in the written synopsis. He submitted that the assessee was not given effective opportunity to explain and provide the necessary confirmation from the parties. He submitted that the parties have confirmed their account. TCS provisions are applicable in respect of sales made by the assessee. He submitted 3 ITA No. 2797/Del/2022 that the assessee is ready to provide confirmation from the parties above mentioned. 4. Learned DR opposed the submissions and supported the orders of authorities below. 5. I have heard rival contentions and perused the material available on record. The issue in the present appeal in dispute related to the additions of Rs. 21,39,000/- and Rs. 25,00,000/- in respect of Fashion King Garments Ltd. and Ganesh Enterprises. The AO has noted the cash deposited by the assessee. However, the AO has not given any finding regarding the purchases in the assessment order the AO noted that on inquiry it was found that these firms are closed. The explanation of the assessee is that it had made cash sales to these two parties. Considering the totality of the facts I am of the considered view that the AO should have given finding in respect of purchases made by the assessee for the items which were claimed to have been sold to these entities. Further, it is contention of the assessee that those parties might have claimed set off of the TCS in their respective returns of income. Hence, the impugned order is set aside. The assessment is restored to the file of AO to verify the correctness of the claim of the assessee that it had made sales in cash to these parties and what is the status of their assessment by the AO. Ground raised is this appeal is allowed for statistical purposes. 4 ITA No. 2797/Del/2022 6. Appeal of the assessee is allowed for statistical purposes. Order pronounced in open court on 31 st July, 2023. Sd/- (KUL BHARAT) JUDICIAL MEMBER *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI