TaxTMI 
TaxTMI 
2021 (10) TMI 1003
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....ether on facts and in circumstances of the case, the Ld. CIT(A) is legally justified in deleting addition of Rs. 2,24,00,000/- on account of unexplained trade receivable for want of proper enquiry by the Assessing Officer (the AO) but without making enquiry or directing further enquiry u/s. 250(4) of the Income Tax Act, 1961 (the Act) as laid down by Hon'ble Delhi High Court in case of CIT vs Jansampark Advertising and Marketing (P) Limited (2015) 375 ITR 373? 2. Whether on facts and in circumstances of the case, the Ld. CIT(A) is legally justified in deleting addition of Rs. 2,24,00,000/- on account of unexplained trade receivable in his one line order by solely relying on self-serving claim of the assessee and without recordi....
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.... the assessee company had made payment to one of the assessee's group companies, AO made addition of Rs. 2,24,00,000/- on the ground that no supporting evidence has been brought on record by the assessee company to prove its case. AO has also made addition of Rs. 28,76,386/- by way of disallowance of claim of depreciation for want of any explanation by the assessee company and thereby assessed the total income at Rs. 3,03,48,812/-. 3. Assessee carried the matter before the ld. CIT(A) by way of filing appeal who has deleted the addition by partly allowing the appeal. Feeling aggrieved, the Revenue has come up before the Tribunal by way of filing the present appeal. 4. Assessee has not preferred to put in appearance despite issuance....
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.... appellant. I agree with the submission of the appellant that the A.O. has considered only one part of the total debtors i.e. more than six months. From the assessment order it is apparent that the Assessing Officer has not adequately investigated the issue before arriving at the conclusion. In the light of detailed explanations offered by the appellant, the addition is unsustainable and is hence deleted." 8. Bare perusal of the aforesaid findings goes to prove that when no evidence has been given by the assessee company during the assessment proceedings and no remand report has been called, and accepting the contentions of the assessee as a gospel truth without conducting any enquiry is not sustainable in the eyes of law. Findings retur....
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....n of Content and distribution of news for the business of the assessee. Total 80,007,259 11. Ld. CIT(A) deleted the addition by returning following findings:- "7.4 I have considered the action of the Assessing Officer and the submissions of the appellant. The Assessing Officer has made the addition without considering assessee's reply dated 10.03.15. On examination of the details submitted by the appellant, I find that no new addition to the fixed assets is made during the year. The fixed assets on which depreciation has been claimed were purchased between 2004 and 2007 i.e. 5 to 7 years back. As the appellant has a turnover of 96.62 lakhs during the year, the conclusion of the Assessing Officer tha....