VALLEY OIL MILLS PRIVATE LIMITED,JAMMU V. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, JAMMU

ITA 95/ASR/2025

AI Insights

The case involves M/s Vallley Oil Mills Private Ltd., which appealed against the order of the Commissioner of Income Tax (Appeals), NFAC, concerning an assessment made under sections 147 and 144B of the Income Tax Act for the Assessment Year 2013-14. The primary contention was that the AO did not consider substantial documents submitted by the assessee, leading to a cryptic assessment adding Rs. 128.96 Lacs to the income of the assessee based on allegations of accommodation purchases. The CIT(A) upheld the AO's decision despite the assessee's requests for adjournments. The Tribunal found merit in the assessee's argument for a de novo assessment due to the oversight of critical documents.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 787239 (ITAT-AMRITSAR)
• Duration Of Justice: 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-11-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 05-02-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHARAN DASS LD.
• Assessee Lawyers: R.K. GUPTA LD
• Keywords: Set aside
• Section: 147

Judgement Text

"1 IN THE INCOME TAX APPELLATE TRIBUNAL ‘DB’, AMRITSAR BENCH, AMRITSAR HYBRID HEARING BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI UDAYAN DAS GUPTA, JM आयकर अपील सं. / ITA No. 95/ASR/2025 (िनधाŊरण वषŊ / Assessment Year: 2013-14) M/s Vallley Oil Mills Private Ltd. SIDCO Ind. Complex Bari-Brahmana, Jammu – 181133 बनाम/ Vs. DCIT Circle-1 Jammu - 180012 ˕ायी लेखा सं./PAN. AABCV-9329-D (अपीलाथŎ/Appellant) : (ŮȑथŎ / Respondent) अपीलाथŎकीओरसे/Appellant by : Shri R.K. Gupta (CA) – Ld. AR ŮȑथŎकीओरसे/Respondent by : Shri Charan Dass (Addl. CIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 13-11-2025 घोषणाकीतारीख /Date of Pronouncement : 17/11/2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2013-14 arises out of an order of Ld. Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 11-12-2024 in the matter of an assessment framed by Ld. AO u/s 147 r.w.s. 144B of the Act on 24-02-2022. The Ld. AR, at the outset, sought de novo assessment on the ground that though sufficient documents were submitted by the assessee, the same were not considered by Ld. Printed from counselvise.com 2 AO and the assessment has been framed in a cryptic manner. The Ld. Sr. DR pleaded for dismissal of the appeal. 2. Upon perusal of assessment order, it could be seen that assessee’s case was reopened on the allegation of accommodation purchases. The Ld. AO, without due consideration of assessee’s submissions, added the amount of Rs.128.96 Lacs to the income of the assessee. The Ld. CIT(A) confirmed the assessment since the assessee sought adjournments. Aggrieved, the assessee is in further appeal before us. 3. From assessee’s paper-book, it is quite clear that the assessee had furnished voluminous documents (approx. 300 Pages) before Ld. AO in support of the impugned purchases. However, the same has not been considered at all and the assessment has been framed in a cryptic manner. This being so, we set aside the orders of lower authorities and direct Ld. AO for de novo assessment with a direction to the assessee to plead and prove its case forthwith. 4. The appeal stand allowed for statistical purposes. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963. Sd/- Sd/- (UDAYAN DAS GUPTA) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 17/11/2025 Printed from counselvise.com 3 आदेश की Ůितिलिप अŤेिषत /Copy of the Order forwarded to : 1. अपीलाथŎ/Appellant 2. ŮȑथŎ/Respondent 3. आयकरआयुƅ/CIT 4. िवभागीयŮितिनिध/DR 5. गाडŊफाईल/GF ASSISTANT REGISTRAR ITAT AMRITSAR Printed from counselvise.com "