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of <h1>Tribunal overturns tax additions, shifts burden of proof to revenue, emphasizes procedural compliance.</h1> <h3>Punyah Building Materials Pvt. Ltd. Versus ITO Ward-2 (1), Faridabad, Haryana</h3> Punyah Building Materials Pvt. Ltd. Versus ITO Ward-2 (1), Faridabad, Haryana - TMI Issues Involved:1. Delay in filing the appeal.2. Confirmation of addition of Rs. 42,50,000/- under Section 68 of the Income Tax Act.3. Enhancement of income by Rs. 75,20,000/- under Section 251 of the Income Tax Act.4. Enhancement of income by Rs. 75,20,000/- under Section 56(2)(viib) of the Income Tax Act.5. Validity of show cause notice for enhancement of income.6. Confirmation and enhancement of addition without cogent reasons and disregarding documentary evidence.Issue-wise Detailed Analysis:1. Delay in Filing the Appeal:The assessee filed the appeal with a delay of 49 days, citing the unwell condition of their Chartered Accountant. The Tribunal condoned the delay, accepting the reasons provided as bona fide.2. Confirmation of Addition of Rs. 42,50,000/- under Section 68:The assessee received share premium and share capital from various companies. The Assessing Officer (A.O.) treated Rs. 94,00,000/- as unexplained credit under Section 68, suspecting the genuineness of transactions. The CIT(A) deleted the addition for four companies but sustained it for three others. The Tribunal found that the assessee had provided sufficient evidence, including bank statements, share certificates, and income tax returns, to prove the identity, creditworthiness, and genuineness of the transactions. Citing the Supreme Court judgment in PCIT Vs. Rohtak Chain Co. (P) Ltd., the Tribunal concluded that the burden of proof had shifted to the revenue, which failed to disprove the assessee's claims. Thus, the addition of Rs. 42,50,000/- was deleted.3. Enhancement of Income by Rs. 75,20,000/- under Section 251:The CIT(A) enhanced the income without issuing the mandatory notice under Section 250(1). The Tribunal held this action as erroneous and in violation of natural justice principles. Therefore, the enhancement of income was set aside.4. Enhancement of Income by Rs. 75,20,000/- under Section 56(2)(viib):The A.O. rejected the valuation method adopted by the assessee, which was based on the Discounted Cash Flow (DCF) Method certified by a Chartered Accountant. The Tribunal noted that the DCF Method is a legally accepted valuation method under Rule 11UA(2)(b). The Tribunal referenced the case of Cinestan Entertainment (P) Ltd. Vs. ITO, which held that the A.O. cannot substitute their own valuation for that of an expert's certified valuation. The Tribunal found no contrary evidence from the revenue to dispute the valuation method and thus deleted the addition.5. Validity of Show Cause Notice for Enhancement of Income:The Tribunal found that the CIT(A) had not issued a valid show cause notice before enhancing the income, violating Section 250(1). This procedural lapse rendered the enhancement invalid.6. Confirmation and Enhancement of Addition without Cogent Reasons:The Tribunal observed that the CIT(A) confirmed and enhanced the addition without providing cogent reasons and disregarding the documentary evidence furnished by the assessee. This action was found to be fundamentally flawed.Conclusion:The Tribunal allowed the appeal of the assessee, deleting the additions made under Sections 68 and 56(2)(viib), and setting aside the enhancement of income due to procedural lapses and lack of substantial evidence. The judgment emphasized the importance of adhering to procedural requirements and the burden of proof in tax assessments.
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