REGAL SALES CORPORATION,MUMBAI V. ITO-19(3)(1), MUMBAI

ITA 2962/MUM/2025

AI Insights

The case involves Regal Sales Corporation appealing against an order passed by the National Faceless Appeal Centre, Delhi, which upheld additions made by the AO regarding non-genuine purchases for the Assessment Year 2012-13. The assessee contended that the documents submitted were not considered by the lower authorities and that a previous decision by the ITAT on identical facts was overlooked. The Revenue supported the lower authorities' decisions, noting that the previous ITAT decision was not presented to them. The ITAT decided to remand the case back to the AO for a thorough re-examination of the submitted documents and the previous ITAT decision, without commenting on the merits of the case.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 705318 (ITAT-MUMBAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-07-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2012-2013
• Other Referred Cases: ITA No. 2962/Mum/2025 Regal Sales Corporation vs. ITO \\u2013 19(3)(1)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAVIN SALUNKHE
• Assessee Lawyers: DILIP DHAWAN

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH MUMBAI BEFORE HON’BLE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER ITA No. 2962/Mum/2025 (Assessment Year: 2012-13) Regal Sales Corporation 106, Ardeshir Day Street, C.P Tank Circle, Mumbai. Vs. ITO – 19(3)(1) 202, Matru Mandir, Tardeo Road, Mumbai PAN/GIR No. AAFFR4347E (Applicant) (Respondent) Assessee by Shri Dilip Dhawan Revenue by Shri Pravin Salunkhe, Sr.DR Date of Hearing 26.06.2025 Date of Pronouncement 01.07.2025 आदेश / ORDER PER SANDEEP GOSAIN, JM: The present appeal has been filed by the assessee challenging the impugned order dt. 25.03.2023 passed u/s 250 of the Income Tax Act, 1961 (‘the Act’), by the National Faceless Appeal Centre, Delhi (NFAC) for the assessment year 2012-13. 2. At the very outset, I noticed that Ld. AR submitted that the documents submitted by the assessee before the AO and Ld. CIT(A) have not been looked into at all and additions have been made in respect of non-genuine purchases, without mentioning under which provisions of Income Tax Act, the said additions have been made and 2 ITA No. 2962/Mum/2025 Regal Sales Corporation, Mumbai had been upheld. It was also submitted that the decision of the Coordinate Bench of ITAT in assessee’s own case for the A.Y 2009-10 dated 24.10.2019 has also not been considered which is on identical facts. 3. On the contrary, Ld. DR relied upon the orders passed by the revenue authorities and submitted that the decision of Coordinate Bench of ITAT in assessee’s own case for A.Y 2009-10 was not placed before the revenue authorities, therefore the same was not considered. 4. Be that as it may, without going into the merits of the issues I restore the matter back to the file of AO with a direction to consider the documents filed by the assessee and also the decision of the Coordinate Bench of ITAT in assessee’s own case and therefore to pass afresh order after providing opportunity of hearing to the assessee. The assessee shall not seek any adjournment on frivolous grounds and shall remain cooperative during the course of proceedings. 5. Before parting, I make it clear that our decision to restore the matter back to the file of the AO shall in no way be construed as having any reflection or expression on the merits of the dispute, which shall be adjudicated by the Ld. AO independently in accordance with law. 3 ITA No. 2962/Mum/2025 Regal Sales Corporation, Mumbai 6. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on 01.07.2025. Sd/- (SANDEEP GOSAIN) JUDICIAL MEMBER Mumbai, Dated 01/07/2025 KRK, Sr. PS आदेश की \bितिलिप अ\u000eेिषत/Copy of the Order forwarded to : 1. अपीलाथ / The Appellant 2. \u000eथ / The Respondent. 3. संबंिधत आयकर आयु\u0019 / The CIT(A) 4. आयकर आयु\u0019(अपील) / Concerned CIT 5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, मु\u0003बई / DR, ITAT, Mumbai 6. गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, स\u000eािपत ित //True Copy// 1. उप/सहायक पंजीकार ( Asst. Registrar) आयकर अपीलीय अिधकरण, मु\u0003बई मु\u0003बई मु\u0003बई मु\u0003बई / ITAT, Mumbai "