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Ex-parte Section 68 Additions of ₹3.07 Cr Set Aside: ITAT Permits Additional Evidence

Case Law Details

TaxGuru Citation
2025 taxguru.in 10422
Case Name
 Matrix Automotive Vs ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
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Matrix Automotive Vs ITO (ITAT Mumbai)

Accountant & AR Exit – Reasonable Cause Accepted; Ex-parte Additions for Unsecured Loan & Partner’s Capital Set Aside- Rule 46A Relief: ITAT Restores Case as Evidence Rejected by NFAC Without Sufficient Cause

Assessee, a partnership firm engaged in Yamaha two-wheeler dealership, filed its return declaring a loss of ₹51.45 lakh. The case was selected for limited scrutiny to verify (i) large increase in unsecured loans &  (ii) loans from non-filers.

During assessment, AO sought details of ₹3 crore unsecured loans (from Shri Rushi C. Mali / Rushi Hospitality Services Pvt. Ltd.) & ₹7.71 lakh capital introduced by a partner. Assessee failed to respond due to the accountant’s resignation &  discontinuation of AR’s services. AO, finding no explanation, added ₹3.07 crore u/s 68 treating both the loan &  partner’s capital as unexplained credits.

Before CIT(A) (NFAC), Assessee produced additional evidences — including loan account, bank statements of lender, ITR acknowledgment, &  Religare Finvest loan sanction letter — &  explained the earlier non-compliance. However, CIT(A) rejected these documents citing non-fulfilment of conditions under Rule 46A, &  upheld the addition in full.

ITAT noted that Assessee had shown sufficient cause under Rule 46A(1)(c) since both accountant & AR had left mid-proceedings, preventing timely compliance. This constituted a reasonable ground for not producing evidence earlier.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,844

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