VIKASH SABHARWAL HUF,LUDHIANA V. ITO, WARD 1(5), LUDHIANA

ITA 927/CHANDI/2024

AI Insights

The case involves an appeal by Vikas Sabharwal HUF against an order from the Ld. CIT(A)/NFAC, Delhi, which sustained an addition of Rs. 30,00,000 under Section 69A of the Income Tax Act for the Assessment Year 2017-18. The tribunal noted that a similar issue had been previously addressed in ITA No. 740/Chd/2023, where it was determined that the necessary taxes on the disclosed income had been paid, and the matter was remitted back to the Ld. AO for verification of Form 4. Given this prior decision, the current appeal was deemed infructuous and allowed to be withdrawn.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 107792 (ITAT-CHANDIGARH)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2017-2018
• Other Referred Cases: ITA No. 740/Chd/2023
• Laws Referred To: Section 69A of the Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RANJEET KAUR
• Assessee Lawyers: SHRUTI KHANDELWAL
• Keywords: Set aside
• Section: 69A

Judgement Text

"आयकर अपीलीय अिधकरण,च᭛डीगढ़ ᭠यायपीठ “एस.एम.सी” , च᭛डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCHES, “SMC” CHANDIGARH HEARING THROUGH: PHYSICAL MODE ᮰ी िवᮓम ᳲसह यादव, लेखा सद᭭य BEFORE: SHRI. VIKRAM SINGH YADAV, AM आयकर अपील सं./ ITA No.927/Chd/2024 िनधाᭅरण वषᭅ / Assessment Year : 2017-18 Vikas Sabharwal HUF 34, Pushp Vihar, Ferozepur Road, Opp- Shiv Mandir, Canal Road, Ludhiana- PB-141002 बनाम The ITO Ward 1(5), Ludhiana Punjab ᭭थायी लेखा सं./PAN NO: AAFHV6640E अपीलाथᱮ/Appellant ᮧ᭜यथᱮ/Respondent िनधाᭅᳯरती कᳱ ओर से/Assessee by : Ms. Shruti Khandelwal, Advocate for Shri Parikshit Aggarwal, C.A राज᭭व कᳱ ओर से/ Revenue by : Dr. Ranjeet Kaur, Sr. DR सुनवाई कᳱ तारीख/Date of Hearing : 02/01/2025 उदघोषणा कᳱ तारीख/Date of Pronouncement : 09/01/2025 आदेश/Order PER VIKRAM SINGH YADAV, AM This is an appeal filed by the Assessee against the order of the Ld. CIT(A)/NFAC, Delhi dt. 04/10/2023 pertaining to Assessment Year 2017-18 against the sustenance of addition of Rs. 30,00,000/- under Section 69A of the Act. 2. During the course of hearing, the Ld. AR submitted that the subject matter has already been disposed off by the Coordinate Bench vide its order dt. 13/09/2024 in ITA No. 740/Chd/2023 for A.Y. 2017-18 wherein the relevant findings read as under: “12. We have examined the records of both the lower authorities i.e; Ld. AO and Ld. CIT(A) and we are of the considered view that on income of Rs. 30,00,000/- as disclosed under IDS 2016 the necessary taxes as applicable have been paid by the assessee and form 4 is proof enough. However since this document was absent both before Ld. AO and Ld. CIT(A) we deem it fit that its 2 contents be verified and if upon due verification of all facts including payment of taxes thereon are found correct then a closure should be given to this dispute between he assessee and Income Tax Department so that a quiteous prevail. 12.1 We therefore set aside the “impugned order” and remit the matter back to the file of Ld. AO for verification of Form 4(supra) which should be done as expeditiously as possible preferably within a period of 45 days from date of receipt of the copy of this order of Tribunal so that issue is closed once and for all. 13. In the result appeal of the assessee is allowed in terms as aforesaid. As a matter of abundant caution we make it clear that save and except verification (supra) of Form 4 no other exercise detrimental to the interest of assessee would be carried out in so far as this matter is concerned. 14. Appeal of the assessee is allowed for statistical purposes.” 3. It was submitted that apparently, the assessee has filed the subject appeal through the e-fling portal and a hard copy of the appeal was also filed before the Registrar and both got listed under separate ITA Number by the Registry though pertains to the same impugned order passed by the Ld. CIT(A) dt. 04/10/2023 pertaining to Assessment Year 2017-18. It was accordingly submitted that the subject appeal has become infructuous and the same may be allowed to be withdrawn. 4. The Ld. DR is heard who has submitted that in light of the earlier order of the Coordinate Bench in ITA No. 740/Chd/2023 dt. 13/09/2024, the subject appeal has become infructuous and no objection was raised where the same is allowed to be withdrawn. 5. In light of submissions made by both the parties and considering the material available on the record, given that the impugned order passed by the Ld. CIT(A) dt. 04/10/2023 has been subject matter of the order passed by the 3 Coordinate Bench in ITA No. 740/Chd/2023 dt. 13/09/2024, the subject appeal has become infructuous and the same is hereby dismissed as withdrawn. 6. In the result, appeal of the Assessee is dismissed as withdrawn. (Order pronounced in the open Court on 09/01/2025 ) Sd/- िवᮓम ᳲसह यादव (VIKRAM SINGH YADAV) लेखा सद᭭य / ACCOUNTANT MEMBER AG Date: 09/01/2025 आदेश कᳱ ᮧितिलिप अᮕेिषत/ Copy of the order forwarded to : 1. अपीलाथᱮ/ The Appellant 2. ᮧ᭜यथᱮ/ The Respondent 3. आयकर आयुᲦ/ CIT 4. आयकर आयुᲦ (अपील)/ The CIT(A) 5. िवभागीय ᮧितिनिध, आयकर अपीलीय आिधकरण, च᭛डीगढ़/ DR, ITAT, CHANDIGARH 6. गाडᭅ फाईल/ Guard File आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar "