INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “C”: NEW DELHI BEFORE SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL MEMBER ITA No.2685/DEL/2023 Assessment Year 2016-17 Assessment Year 2016-17 Assessment Year 2016-17 Assessment Year 2016-17 Assessment Year 2016-17 Assessment Year 2016-17 Assessment Year 2016-17 Assessment Year 2016-17 Assessment Year 2016-17 Assessment Year 2016-17 Assessment Year 2016-17 O R D E R PER VIMAL KUMAR, JUDICIAL MEMBER:

The appeal filed by the assessee is against order dated

09.08.2023 of Learned Commissioner of Income Tax (Appeals)- 29, New Delhi [hereinafter referred to as ‘Ld. CIT(A)] under Section 250 of the Income-Tax Act, 1961 (hereinafter referred to as ‘the Act’) arising out of assessment order dated 25.12.2018 of Learned Assessing Officer/Deputy Commissioner of Income Tax, Circle 13(1), New Delhi (hereinafter referred to as “Ld. AO")

passed under section 143(3) of the Act for assessment year 2016-

17.

2. Brief facts of the case are that the assessee company is engaged mainly as builder & developer apart from real estate consultant. Return of income declaring total income of Rs.50,91,290/- was filed by the assessee company electronically on 09.09.2016, which was later revised on 15.09.2016 declaring total income of Rs.50,56,404/-. The case was selected for complete scrutiny through CASS. Notice under Section 143(2) of the Act dated 18.07.2017 was issued. Notice under Section 142(1) I.T. Act along with detailed questionnaire dated 07.02.2018, 03.04.2018, 03.12.2018 were issued. Sh. Raj Kumar Chhabra, CA/A.R. of the assessee company attended the proceedings from time to time and furnished the requisite details/information. The same have been examined on test check basis and the case was discussed with him. On assessee's request, the scrutiny was conducted manually for which approval was granted by Pr. CIT-05, New Delhi. On completion of proceedings, Ld. AO vide order dated 25.12.2018 made addition of Rs.45,00,000/- and Rs.7,200/-.

3. Against order dated 25.12.2018 of Ld. AO, the appellant/assessee filed appeal before Ld. CIT(A) which was dismissed vide order dated 09.08.2023.

4. Being aggrieved, appellant/assessee preferred present appeal on following grounds:

“1. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in passing the impugned assessment order and that too without assuming jurisdiction as per law and without complying the statutory conditions as stipulated u/s 143(2) and 143(3) of Income Tax Act, 1961 ("the Act").

2. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in making addition of Rs. 45,00,000/- u/s 68 of the Act and that too by recording incorrect facts findings and by disregarding the submissions, evidences and material placed by the assessee. and in violation of principal of natural justice.

3. That in any case and in the view of the matter, action of Ld. CIT(A) in confirming the action of Ld. AO in making addition of Rs. 45,00,000/- u/s 68 is bad in law and against the facts and circumstances of the case.

4. That in any case and in any view of the matter, action of Ld. CIT(A) in passing the impugned assessment order and additions made therein are illegal, bad in law, contrary to law and facts, void ab-initio and not sustainable on various legal and factual grounds.

5. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in not reversing the action of Ld. AO in charging interest u/s 234B, 234D and 244A and initiating proceedings u/s

271(1)(c) of Income Tax Act, 1961.

6. That the appellant craves the leave to add, modify, amend or delete any of the grounds of appeal at the time of hearing and all the above grounds are without prejudice to each other.”

5. Learned Authorised Representative for the appellant/assessee submitted that during the year