AMAR JEWELLERS PRIVATE LIMITED,SURAT V. ACIT, CIRCLE 1(1)(1), SURAT, SURAT

ITA 925/SRT/2025

AI Insights

The case involves Amar Jewellers Pvt. Ltd., the appellant, contesting an order from the Commissioner of Income Tax (Appeals)-11, Ahmedabad, which dismissed their appeal due to a delay in filing. The primary issues in the original appeal included the rejection of books of accounts under Section 145(3) of the Income Tax Act, 1961, and additions made to the income on account of alleged unexplained income under Sections 68 and 69. The Tribunal found that the dismissal of the appeal without merit examination was not just, leading to the decision to remand the case for a thorough re-evaluation.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 832202 (ITAT-SURAT)
• Duration Of Justice: 4 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 01-09-2025
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Business income; Opportunity of being heard
• Section: 68; 69

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT MS. SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No. 925/SRT/2025 (Assessment Year: 2013-14) Amar Jewellers Pvt. Ltd., 67-69, Mira Nagar Society, Opp. Patel Samaj Bhawan Varachha Road, Surat-395006 [PAN : AACCA 9180 A] Vs. ACIT, Circle 1(1)(1), Surat (Appellant) .. (Respondent) Appellant represented by : Shri Rasesh Shah, AR Respondent represented by: Shri Mukesh Jain, CIT-DR Date of Hearing 20.01.2026 Date of Pronouncement 20.01.2026 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- This appeal has been filed by the assessee against the order dated 14.08.2025 passed by the Ld. Commissioner of Income Tax (Appeals)-11, Ahmedabad (‘Ld. CIT (A)’ in short), under Section 250 of the Income-tax Act, 1961 (‘the Act’ in short) for Assessment Year 2013-14. 2. The assessee has raised following grounds of appeal:- “1. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in not condoning the delay in filing of appeal by the assessee and thereby has erred in dismissing the appeal. 2. On the facts and circumstances of the case as well as law on the subject, the learned assessing officer has erred in rejecting the books of accounts u/s. 145(3) of the Act. 3. On the facts and circumstances of the case as well as law on the subject, the learned assessing officer has erred in making addition of Rs. 29,94,000/- Printed from counselvise.com ITA No. 925/SRT/2025 Amar Jewellers Pvt Ltd Vs. ACIT Asst. Year : 2013-14 - 2– on account of alleged unexplained income u/s. 68 r.w.s. 69 of the Income Tax Act, 1961. 4. On the facts and circumstances of the case as well as law on the subject, the learned assessing officer has erred in making addition of Rs. 91,87,29,655/- on account of alleged unexplained income u/s. 68 of the Act. 5. On the facts and circumstances of the case as well as law on the subject, the learned assessing officer has erred in not reducing the business income by Rs. 92,17,24,555/-taxed u/s. 115BBE and therefore erred in not setting off business loss against income so taxed.” 3. On perusal of the record, we find that the Ld. CIT(A) dismissed the appeal of the assessee in limine on the ground of limitation, without condoning the delay in filing the appeal, and without adjudicating the grounds raised by the assessee on merits. Considering the fact that the appeal was disposed of without examination of the issues on merits, and in the interest of justice, we deem it appropriate to restore the matter to the file of the Ld. CIT(A) for fresh adjudication de novo, in accordance with law, after affording the assessee a reasonable opportunity of being heard. The assessee is directed to file all necessary submissions and documents and to comply with the notices issued by the authorities, without seeking unnecessary adjournments. 4. In the result, the appeal of the assessee is allowed for statistical purposes. This Order pronounced in Open Court on 20.01.2026 Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT Surat; Dated 20/01/2026 btk Printed from counselvise.com ITA No. 925/SRT/2025 Amar Jewellers Pvt Ltd Vs. ACIT Asst. Year : 2013-14 - 3– आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to : 1. अपीलाथŎ / The Appellant 2. ŮȑथŎ / The Respondent. 3. संबंिधत आयकर आयुƅ / Concerned CIT 4. आयकर आयुƅ ) अपील ( / The CIT(A)- 5. िवभागीय Ůितिनिध , अिधकरण अपीलीय आयकर , /DR,ITAT, Surat, 6. गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, TRUE COPY सहायक पंजीकार (Asstt. Registrar) आयकर अपीलीय अिधकरण ITAT, Surat 1. Date of dictation …dictated in the open court on..…20.01.2026….….. 2. Date on which the typed draft is placed before the Dictating Member … …20.01.2026………… 3. Other Member……20.01.2026…………… 4. Date on which the approved draft comes to the Sr.P.S./P.S …. 20.01.2026…………. 5. Date on which the fair order is placed before the Dictating Member for pronouncement ....... 20.01.2026........ 6. Date on which the fair order comes back to the Sr.P.S./P.S ……20.01.2026…..…………. 7. Date on which the file goes to the Bench Clerk …….….…. 8. Date on which the file goes to the Head Clerk…………………………………... 9. The date on which the file goes to the Assistant Registrar for signature on the order 10. Date of Dispatch of the Order…………………………………… Printed from counselvise.com "