Solitary ground of appeal that the ld CIT(A) has incorrectly deleted the addition u/s 68 of the I.T. Act

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “E”: NEW DELHI BEFORE MS SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (Through Video Conferencing) ITA No. 3849/Del/2016 (Assessment Year: 2009-10)

ITO, Ward-10(1), New Delhi

(Appellant)

vs

Garg Alumino Pvt. Ltd, B-79, New Moti Nagar, New Delhi PAN: AAACY1003G

(Respondent)

Revenue by : Shri Gaurav Pundir, Sr. DR
Assessee by: None
Date of Hearing :27/7/2021
Date of pronouncemen:t27/07/2021
O R D E R

1. This appeal is filed by the ld AO against the order of the ld CIT(A)-4, New Delhi dated 29.04.2016 for Assessment Year 2009-10. The ld AO has raised the solitary ground of appeal that the ld CIT(A) has incorrectly deleted the addition u/s 68 of the Act of Rs. 3 crores where the Assessee has failed to produce the parties before the ld AO and further deletion of Rs. 3 lakhs on account of commission for obtaining the accommodation entries. This is the solitary issues in this appeal.

2. The ld DR supported the order of the ld AO and stated that the ld CIT(A) has deleted the addition without any cogent reason.

3.The Assessee preferred an appeal before the ld CIT(A) who passed an order on 29.04.2016 deleting the above addition as per page No. 26 to 29 of his order.

4. As the ld CIT(A) has failed to answer the several observationof the ld AO as stated above, we set aside the both the grounds of appeal of the ld AO back to the file of ld CIT(A) with a direction to the Assessee to produce the share holders before him, which either ld CIT(A) may examine himself or direct the ld AO to examine them and decide the issue afresh after giving proper opportunity of hearing to the Assessee considering the above two judgments of the Hon’ble Supreme Court and Hon’ble Delhi High Court. In view of this, the appeal of the ld AO/revenue is allowed for statistical purposes.

5. Order pronounced in the open court on conclusion of hearing on 27/07/2021.

Please find attached the enclosed file for the full judgement