SIMLA CHEMICALS PVT LTD.,DELHI V. DCIT, CIRCLE-22(2), DELHI

ITA 1913/DEL/2025

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 775096 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-09-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2018-2019
• Appeal Filed On: 27-03-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: MAHESH KUMAR
• Assessee Lawyers: K. SAMPATH; V. RAJKUMAR
• Keywords: Capital asset; Additional evidence; Capital Gains
• Section: 143(3)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’, NEW DELHI Before Sh. Satbeer Singh Godara, Judicial Member & Sh. S. Rifaur Rahman, Accountant Member ITA No. 1913/Del/2025 : Asstt. Year : 2018-19 Simla Chemicals Pvt. Ltd. A-76, Phase-1, Naraina Industrial Area, New Delhi-110028 Vs DCIT, Circle-22(2), New Delhi-110002 (APPELLANT) (RESPONDENT) PAN No. AAACS0849J Assessee by : Sh. K. Sampath, Adv. & Sh. V. Rajkumar, Adv. Revenue by : Sh. Mahesh Kumar CIT-DR Date of Hearing: 01.09.2025 Date of Pronouncement: 01.09.2025 ORDER Per Satbeer Singh Godara, Judicial Member: This assessee’s appeal for Assessment Year 2018-19, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2024-25/1074119604(1) dated 06.03.2025, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “the Act”). 2. Heard both the parties at length. Case file perused. 3. Coming to the sole substantive issue between the parties herein, it emerges that the assessee/appellant is aggrieved against both the learned lower authorities’ action adding the alleged long term capital gains of Rs.3,99,18,000/- in it’s hands as derived from sale of property, in assessment order Printed from counselvise.com ITA No. 1913/Del/2025 Simla Chemicals Pvt. Ltd. 2 dated 28.09.2021 and upheld in the lower appellate discussion, learned counsel invites our attention to the assessee’s petition under Rule 29 of the Income Tax (Appellate Tribunal) Rules dated 30.08.2025 inter alia seeking to place on record it’s application dated 19.03.2025 submitted to Deputy Inspector General, Registrar and Stamp Jaipur, the latter’s certificate dated 19.05.2025 and updated Form 26-AS, respectively. 4. The assessee’s case accordingly is that it’s above additional evidence is very much relevant for adjudication of the sole substantive issue herein which is fairly not disputed at the department’s behest. 5. That being the case and in light of the fact that the assessee claims to have executed a lease deed for rentals in light of the foregoing additional evidence than any sale or transfer of it’s capital asset(s), we deem it appropriate to restore it’s instant appeal back to the learned Assessing Officer for it’s afresh appropriate adjudication and necessary factual verification to this effect in the larger interest of justice subject to a rider that it shall plead and prove the case, within three effective opportunities at his own risk and responsibility, in consequential proceedings. Ordered accordingly. Printed from counselvise.com ITA No. 1913/Del/2025 Simla Chemicals Pvt. Ltd. 3 6. This assessee’s appeal is allowed for statistical purpose. Order Pronounced in the Open Court on 01/09/2025. Sd/- Sd/- (S. Rifaur Rahman) (Satbeer Singh Godara) Accountant Member Judicial Member Dated: 01/09/2025 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR Printed from counselvise.com "