2025 (7) TMI 963 - AT - Income Tax

Assessee gets fresh opportunity to substantiate case on section 68 addition after appeals restored for de novo proceedings

The ITAT Chandigarh allowed the appeals for statistical purposes after the assessee's representative requested another opportunity to substantiate their ... Addition u/s 68 - AR stated that the assessee is in a position to substantiate its case before lower authorities if granted another opportunity of hearing - HELD THAT:- We deem it fit to afford another opportunity of hearing to the assessee to substantiate its case before Ld. CIT(A). Accordingly, the impugned orders, for both the years, are set aside and the appeals are restored back to the file of Ld. CIT(A) for de novo adjudication on merits with a direction to the assessee to plead and prove its case - Appeals stand allowed for statistical purposes. Summary:In the twin appeals for AY 2010-11 and AY 2011-12, the assessee challenged additions made u/s 68 by the Assessing Officer and confirmed by the CIT(A), who did not consider documents filed during first appeal. The assessee sought another opportunity to substantiate its case, citing the Punjab and Haryana High Court decision in Munjal BCU Centre for Innovation and Entrepreneurship vs. CIT (CWP-21028-2023 (O&M) dated 04-03-2024. The ITAT held that 'it is fit to afford another opportunity of hearing to the assessee' and accordingly set aside the impugned orders and restored the appeals to the file of the CIT(A) for de novo adjudication on merits. The appeals were allowed for statistical purposes.