AMITKUMAR CHANDULAL PATEL,MEHSANA V. THE INCOME TAX OFFICER,WARD-1, MEHSANA

ITA 1436/AHD/2024

AI Insights

The case involves Amitkumar Chandulal Patel, the appellant, who appealed against the order of the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre, Delhi, for the Assessment Year 2020-21. The primary issues in the appeal included the addition of Rs. 18,305,000 under Section 68 of the Income-tax Act, 1961, and an additional Rs. 739,871 as unexplained investment based on a reverse calculation of circle rates. The appellant contested the charging of interest under Sections 234B and 234C, and the non-admission of additional evidence by the CIT(A). The Tribunal found that the CIT(A) had dismissed the appeal due to non-submission of details by the assessee and that the Assessing Officer had completed the assessment due to non-response to the show-cause notice. The Tribunal noted the need for a detailed examination of the unsecured loans received by the assessee and remanded the matter back to the CIT(A).

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 24947 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 12-11-2024
• Assessment Year: 2020-2021
• Appeal Filed On: 02-08-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B.P. SRIVASTAVA
• Assessee Lawyers: ROHAN THAKKAR
• Keywords: Additional evidence; Unexplained investment
• Section: 250; 68; 234B

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT & SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER I.T.A. No. 1436/Ahd/2024 (Assessment Year: 2020-21) Amitkumar Chandulal Patel, 10, Panjarapole Shopping Center, Para Talav Para, Mehsana-384001, Gujarat PAN : ABIPP 6682 L Vs. Income Tax Officer, Ward-1, Mehsana, Gujarat (Appellant) .. (Respondent) Appellant by : Shri Rohan Thakkar, CA Respondent by: Shri B.P. Srivastava, Sr DR Date of Hearing 12.11.2024 Date of Pronouncement 19.11.2024 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT : This appeal has been filed by the assessee against the order passed by the Ld. Commissioner of Income-tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi (hereinafter referred to as \"CIT(A)\" for short), dated 11.06.2024 passed under Section 250 of the Income-tax Act, 1961 [hereinafter referred to as \"the Act\" for short], for Assessment Year (AY) 2020-21. 2. The assessee has raised following grounds of appeal :- “1. The appellant humbly submits that the Ld CIT(A) as well as Ld Assessing officer has erred in law as well on facts in making addition of Rs.18305000/- under section 68 of the Act. 2. The Ld Commissioner of Income Tax (A) as well as the assessing officer has erred on facts as well as in law in making addition of Rs. 739871.00 on a protective basis as unexplained investment by ITA No. 1436/Ahd/2024 Amitkumar Chandulal Patel Vs. ITO Asst. Year – 2020-21 - 2– considering circle rate on reverse calculation basis on stamp duty paid divided by percentage rather than considering the circle rate based on Government Notification issued by Government of Gujarat. 3. The Ld Commissioner of Income Tax (A) as well as the assessing officer has erred on facts as well as in law in charging interest under section 234B and 234C of the Income Tax Act 4. The Ld CIT(A) has erred in not admitting additional evidence.” 3. At point Nos. 5 & 6 of the brief facts of the case submitted by the assessee, it was pleaded that the assessee is a sole owner and proprietor, and had already submitted substantial documents before the Assessing Officer during assessment proceedings, but could not produce the bank statements to prove genuineness during the assessment proceedings. However, he submitted that the same is being produced now before the Tribunal with a request to treat the bank statement as additional evidence and to consider the same. It has also been submitted that the PAN number of the lenders are available and based on that, the ITR can also be viewed by the department. 4. We have gone through the order of the ld. CIT(A) wherein the ld. CIT(A) has accorded an opportunity to the assesse and owing to non- submission of any details, the appeal of the assessee has been summarily dismissed. We also find that the assessment has been completed by the Assessing Officer owing to non-response of the assessee to the show-cause notice issued. Since the matter involved pertains to unsecured loans received by the assessee which needs detailed examination by the Revenue Authorities, we remand the matter to the ld. CIT(A) to take into consideration all the evidences filed by the assessee and examine the same ITA No. 1436/Ahd/2024 Amitkumar Chandulal Patel Vs. ITO Asst. Year – 2020-21 - 3– in terms of Rule 46A of the Income-tax Rules, 1962 and pass order in accordance with law. 5. In the result, the appeal filed by the assessee is allowed for statistical purposes. The order is pronounced in the open Court on 19.11.2024 Sd/- Sd/- (SIDDHARTHA NAUTIYAL) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT Ahmedabad; Dated 19/11/2024 btk आदेश की \u0007ितिलिप अ\rेिषत/Copy of the Order forwarded to : 1. अपीलाथ\u0007 / The Appellant 2. \b\tथ\u0007 / The Respondent. 3. संबंिधत आयकर आयु\u0015 / Concerned CIT 4. आयकर आयु\u0015(अपील) / The CIT(A)- 5. िवभागीय \bितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड\u001f फाईल / Guard file. आदेशानुसार/ BY ORDER, True Copy उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation 12.11.2024 2. Date on which the typed draft is placed before the Dictating Member 13.11.2024 3. Other Member…18.11.2024……………… 4. Date on which the approved draft comes to the Sr.P.S./P.S 18.11.2024 5. Date on which the fair order is placed before the Dictating Member for pronouncement 19.11.2024 6. Date on which the fair order comes back to the Sr.P.S./P.S 19.11.2024 7. Date on which the file goes to the Bench Clerk 19.11.2024 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…………………………………… "