Sunrise Infratec Private Limited Vs ITO (ITAT Chandigarh)
The appeal was filed by the assessee against the order dated 21.10.2024 passed by the Addl./JCIT(A), Kanpur for Assessment Year 2012–13. The assessee raised 17 original grounds of appeal along with three additional grounds filed on 28.06.2025. The grounds challenged both jurisdictional issues and additions sustained by the appellate authority.
The assessee alleged that the order of the JCIT(A) was contrary to facts and law and that the appeal was decided ex parte, thereby denying effective opportunity to present the case. It was contended that the JCIT(A) upheld additions without providing copies of reasons recorded for issuing notice, incriminating material relied upon, transfer order under section 127, or satisfaction notes of the Assessing Officer and the searched party. The assessee also challenged the jurisdiction of the Assessing Officer, the validity of permissions obtained, and the appellate authority’s jurisdiction in passing the order.
On merits, the assessee disputed additions aggregating to ₹46.90 lakh under section 68 on account of share capital and share application money received from various individuals. It further challenged disallowance of ₹98 lakh under section 40A(3) for alleged cash payments made for purchase of land. Additions of ₹10.43 crore under section 69A for advances received from customers, ₹64.79 lakh under section 68 for advances received for purchase of flats, and ₹20.50 lakh under section 68 for cash deposits in bank accounts were also contested. The assessee additionally objected to initiation of penalty proceedings under sections 271(1)(c) and 271(1)(b), and charging of interest under sections 234A and 234B.
