M/s Shrirang Films , Amravati V. Income Tax Officer ward -5, Amravati

ITA 82/NAG/2019

AI Insights

The case involves M/s. Shrirang Films appealing against the order of the CIT(A)-1, Nagpur, which pertained to the assessment year 2015-16. The primary issue in the appeal was the addition of Rs. 5,75,000 as unexplained cash credits by the lower authorities under section 143(3) of the Income Tax Act, 1961. The assessee sought to introduce additional evidence during the appellate proceedings, which included ledger entries and a court decision related to a dispute with Abarao Annanaji Kalbande. The tribunal found that the new evidence required factual verification and thus remanded the case back to the Assessing Officer for a detailed examination.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 136798 (ITAT-NAGPUR)
• Duration Of Justice: 3 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 02-11-2022
• Assessment Year: 2015-2016
• Appeal Filed On: 28-03-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Keywords: Unexplained cash credit; Additional evidence
• Section: 10; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR – VIRTUAL COURT BEFORE SHRI S. S. GODARA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.82/NAG/2019 िनधाᭅरण वषᭅ / Assessment Year: 2015-16 M/s. Shrirang Films, C/o. M/s. Loya Bagri & Co., Chartered Accountants, Gandhibag, Nagpur- 440002. PAN : AADFS4607C Vs. ITO, Ward-5, Amravati. Appellant Respondent आदेश / ORDER PER S. S. GODARA, JM: This assessee’s appeal for assessment year 2015-16 arises against the CIT(A)-1, Nagpur’s order dated 02.01.2019 passed in case no.CIT(A)-1/0605/2017-18/400, involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short “the Act”. Heard both the parties. Case file perused. 2. It is noticed at the outset that so far as the assessee’s sole substantive grievance challenging correctness of both the learned lower authorities’ action adding the alleged unexplained cash credits addition of Rs.5,75,000/- in issue, learned counsel has filed on record its additional evidence application as follows :- Assessee by : Shri Rajesh V. Loya Revenue by : Shri G. J. Ninawe Date of hearing : 03.11.2022 Date of pronouncement : 29.12.2022 ITA No.82/NAG/2019 2 “The assessee request your honour to kindly allow to present additional evidence in the appeal filed by the assessee. It is respectfully submitted that the assessee could not file the evidence since sufficient opportunity was not given at the time of assessment proceedings. Following documents which are enclosed in the paper book already furnished are additional evidence for which the permission is being sought. (1) Item at Sr No. 10 and 11 are copy of ledger account in which the advance of Rs.5,75,000/- paid to Abarao Annanaji Kalbande is recorded. They are the part of books of accounts and is being referred to show the entry on the date of payment and its treatment in the books of accounts. (2) Item No 12 is the decision of Hon’ble District Court. There was a dispute in court between assessee and Abbarao Annaji Kalbande. The Hon’ble Civil Judge, District Court dismissed the petition in the year 2014 ex-parte and the copy of the decision was obtained on 7th August, 2014. The loss was booked in the A.Y.2015-16 on the basis of this document. We request your Hon’our to kindly allow the above-mentioned evidences to be placed on record which would require consideration in the interest of justice. We request your goodself to kindly permit to submit the additional evidence for the act of which we would be highly obliged.” 3. Learned departmental representative could hardly dispute that the above ledger entries as well as legal developments hereinabove require factual verification at the Assessing Officer’s end since going to root of the matter. Faced with this situation, I deem it proper to restore the assessee’s instant sole substantive grievance back to the Assessing Officer for his appropriate adjudication preferably within three effective opportunities of hearing subject to the condition of that it shall this taxpayer’s risk and responsibility only to file all the necessary evidence at its own level. Ordered accordingly. ITA No.82/NAG/2019 3 4. This assessee’s appeal is allowed for statistical purposes in above terms. Order pronounced on this 29 th day of December, 2022. Sd/- (S. S. GODARA) JUDICIAL MEMBER पुणे / Pune; ᳰदनांक / Dated : 29 th December, 2022. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A)-1, Nagpur. 4. The Pr. CIT-1/2/3, Nagpur. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, नागपुर / DR, ITAT, Nagpur. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.