Remand of Addition under Section 69 due to Lack of Proper Enquiry by
CIT(A): ITAT Delhi in DCIT vs. Chaudhary Ventures Pvt. Ltd. (ITA No.
1968/Del/2024)
Facts of the
Case
The assessee, Chaudhary Ventures Pvt. Ltd.,
is engaged in the business of purchase, sale, and leasing of buildings. It filed
its return of income for AY 2018–19 declaring income of ₹8,30,410.
The case was selected for scrutiny, and notices
under Sections 143(2) and 142(1) were issued. During assessment proceedings,
the Assessing Officer (AO) made an addition of ₹2,15,00,000 under Section 69 on
account of unexplained investment.
The Commissioner of Income Tax (Appeals) [CIT(A)]
deleted the addition. Aggrieved, the Revenue preferred an appeal before the
ITAT.
Issues
Involved
- Whether the CIT(A) erred in deleting the addition of ₹2.15 crore
made under Section 69 without proper enquiry.
- Whether the CIT(A) violated Rule 46A by admitting additional
evidence without due compliance.
- Whether the appellate authority can delete additions without verifying the authenticity of documents such as audit reports and disclosures
Petitioner’s
Arguments (Revenue)
- The assessee submitted an audit report; however, its authenticity
was not examined by the CIT(A).
- The CIT(A) failed to conduct necessary enquiries regarding:
- Disclosure of investments in ITR and financial statements
- Source of such investments
- Timely submission and validity of audit report
- The deletion of addition was made without proper verification or
investigation.
- Reliance was placed on the Delhi High Court ruling in CIT vs. Jansampark Advertising and Marketing (P) Ltd. (2015) 56 taxmann.com 286 (Delhi), which mandates that appellate authorities must conduct proper enquiry if the AO fails to do so.
Respondent’s
Arguments (Assessee)
- No appearance was made on behalf of the assessee despite proper
notice.
- The matter was decided based on the material available on record.
Court
Findings / Order
- There was insufficient enquiry conducted by the CIT(A) before
deleting the addition.
- The authenticity of documents such as audit reports and disclosures
required proper verification.
- The CIT(A) cannot delete additions merely on the basis of
submissions without conducting meaningful enquiry.
Accordingly:
- The order of the CIT(A) was set
aside.
- The matter was remanded
back to the Assessing Officer for fresh adjudication.
- The AO was directed to provide adequate opportunity to the
assessee.
The appeal of the Revenue was allowed for statistical purposes.
Important
Clarification
- If the Assessing Officer fails to conduct proper enquiry, the
responsibility shifts to the CIT(A) and even the Tribunal.
- Appellate authorities cannot
delete additions solely due to lack of enquiry by AO; instead, they
must conduct or direct proper investigation.
- Admission of additional evidence under Rule 46A must follow due process and cannot be done casually.
Link to download the order - https://itat.gov.in/public/files/upload/1735631083-XyQ7b9-1-TO.pdf
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