V R Auto Services, Nashik V. Assistant Commissioner of Income-Tax, Circle -2, , Nashik

ITA 642/PUN/2022

AI Insights

The case involves V.R. Auto Services, a firm engaged in trading petroleum products, which appealed against the order of the NFAC, Delhi, confirming an addition made by the Assessing Officer (AO) under section 68 of the Income Tax Act. The AO had added a substantial amount to the assessee's income, citing unexplained cash deposits. The assessee contested that the AO made this addition without rejecting the books of account or pointing out any defects therein. The NFAC upheld the AO's decision without considering the assessee's submissions, leading to the current appeal. The Tribunal noted the absence of a fair hearing and remanded the case for a fresh examination.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 133010 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-12-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 05-12-2022
• Assessment Year: misc
• Appeal Filed On: 23-06-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 68; 69; 142(1); 143(2); 145(3)

Judgement Text

आयकर अपीलीय अधिकरण “बी” न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.642/PUN/2022 धििाारण वर्ा / Assessment Year : 2017-18 V.R. Auto Services, Gat No. 2436/2, Mumbai – Agra Road, Ojhar MIG, Nashik-422206 PAN : AAFFV4440C ......अपीलार्थी / Appellant बिाम / V/s. Asst. Commissioner of Income Tax, Circle – 2, Nashik ......प्रत्यर्थी / Respondent Assessee by : Shri Pramod Shingte Revenue by : Shri M.G. Jasnani सुनवाई की तारीख / Date of Hearing : 06-12-2022 घोषणा की तारीख / Date of Pronouncement : 08-12-2022 आदेश / ORDER PER S.S. VISWANETHRA RAVI, JM : This appeal by the assessee against the order dated 16-08-2022 passed by the National Faceless Appeal Centre, Delhi (‘NFAC’) for assessment year 2017-18. 2. The assessee raised five grounds of appeal amongst which the only issue emanates for our consideration is as to whether the NFAC, Delhi justified in confirming the addition made by the AO u/s. 68 of the Act in the absence of ex-parte of assessee. 2 ITA No.642/PUN/2022, A.Y. 2017-18 3. At the outset, we note that the assessee is a firm engaged in the business of trading in petroleum products. The assessee filed its return of income declaring a total income of Rs.17,69,830/-. Under scrutiny, notices u/s. 143(2) and 142(1) of the Act were issued to the assessee to examine the huge cash deposits during the year under consideration. According to the ld. AR, Shri Pramod Shingte, the assessee filed all the details as called by the AO from time to time, despite, the AO made addition of Rs.2,38,33,185/- by invoking the provisions u/s. 69 of the Act. Having aggrieved by the order of AO, the assessee preferred an appeal before the First Appellate Authority contending that the AO erred in making ad-hoc addition on the ground of cash deposit in bank without pointing out any defect in the books of account without rejecting the books of account u/s. 145(3) of the Act. The ld. AR submits that the NFAC, Delhi confirmed the order of AO in the absence of assessee’s submissions and no opportunity whatsoever were given to the assessee. On perusal of impugned order shows that the NFAC, Delhi proceeded on the material available on record and no reference whatsoever made with regard to assessee’s submissions or filing of evidences in support of grounds raised challenging the action of AO. At the outset, we note that there was no opportunity for the assessee before the NFAC, Delhi. The ld. DR, Shri M.G. Jasnani reported no objection in remanding the issue to the file of CIT(A) for its fresh examination. Therefore, taking into consideration the facts and circumstances of the case and the undertaking advanced by the ld. AR that the assessee is ready to prosecute its grounds before the NFAC, Delhi and the submissions of ld. AR and ld. DR in the interest of justice, we deem it proper to remand the matter to the file of CIT, NFAC, Delhi for its fresh verification. The assessee is liberty to file evidences, if any, in 3 ITA No.642/PUN/2022, A.Y. 2017-18 support of its claim. Thus, the grounds raised by the assessee are allowed for statistical purpose. 4. In the result, the appeal of assessee is allowed for statistical purpose. Order pronounced in the open court on 08 th December, 2022. Sd/- Sd/- (R.S. Syal) (S.S. Viswanethra Ravi) VICE PRESIDENT JUDICIAL MEMBER पुणे / Pune; दिनाांक / Dated : 08 th December, 2022. रदव आदेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The CIT(A), NFAC, Delhi. 4. The CIT concerned. 5. दवभागीय प्रदतदनदि, आयकर अपीलीय अदिकरण, “बी” बेंच, पुणे / DR, ITAT, “B” Bench, Pune. 6. गार्ड फ़ाइल / Guard File. //सत्यादपत प्रदत// True Copy// आिेशानुसार / BY ORDER, वररष्ठ दनजी सदचव / Sr. Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune