Income Tax Appellate Tribunal - Delhi
M/S. Botil Oil Tools (I) Pvt. Ltd, New ... vs Pr Cit, New Delhi on 24 April, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCHES : B : NEW DELHI
BEFORE SHRI R.S. SYAL, VICE PRESIDENT
AND
SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER
ITA No.2418/Del/2016
Assessment Year : 2011-12
Botil Oil Tools (I) Pvt. Ltd., Vs. Pr. CIT,
C/o Wahi & Co., LLP, Circle-2,
K-1, Kailash Colony, New Delhi.
New Delhi - 110 008.
PAN: AAACB0222G
(Appellant) (Respondent)
Assessee By : Shri Anil Kumar Malhotra, CA
Department By : Ms Rachna Singh, CIT, DR
Date of Hearing : 23.04.2018
Date of Pronouncement : 24.04.2018
ORDER
PER R.S. SYAL, VP:
This appeal filed by the assessee is directed against the order dated 29.03.2016 passed by the CIT u/s 263 of the Income-tax Act, 1961 ITA No.2418/Del/2016 (hereinafter also called 'the Act') in relation to the assessment year 2011-
12.
2. Briefly stated, the facts of the case are that the return was filed on 29.09.2011 declaring total income of Rs.2.24 crore, inter alia, claiming deduction u/s 35(2AB) of the Act. The ld. CIT has recorded that the assessment was completed u/s 143(3) of the Act without examining the eligibility of deduction u/s 35(2AB). He treated the assessment order erroneous and prejudicial to the interest of the Revenue for not examining the issue of deduction u/s 35 (2AB). The assessment order was set aside by remitting the matter to the file of Assessing Officer for examining the authenticity and genuineness of the claim. The assessee has come up in appeal before the Tribunal.
3. We have heard both the sides and perused the relevant material on record. It is seen from page 2 of the impugned order that the assessee categorically stated before the ld.CIT that: "the ld. A.O. during the course of assessment proceedings u/s 143(3) did not call for any detail nor raised any query in regard to claim u/s 35(2AB)." The ld. AR submitted that this 2 ITA No.2418/Del/2016 information was erroneously given to the ld. CIT inasmuch as the Assessing Officer did make enquiry as was evident from his order sheet entry dated 03.02.2014 by which certain enquiry was conducted qua deduction u/s 35(2AB) of the Act. Without going into the authenticity of the claim of deduction, we find that the ld. CIT set aside the assessment order primarily on the assessee's submission that the Assessing Officer did not call for any detail nor raised any query. Since this position does not prima facie appear to be correct, we set aside the impugned order and remit the matter to the file of CIT for deciding it afresh as per law, after allowing a reasonable opportunity of being heard to the assessee.
4. In the result, the appeal is allowed for statistical purposes.
The order pronounced in the open court on 24.04.2018.
Sd/- Sd/-
[K. NARASIMHA CHARY] [R.S. SYAL]
JUDICIAL MEMBER VICE PRESIDENT
Dated, 24th April, 2018.
dk
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ITA No.2418/Del/2016
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT (A)
5. DR, ITAT
AR, ITAT, NEW DELHI.
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