AVANISH OVERSEAS PVT LTD,MUMBAI V. INCOME TAX OFFICER-14(1)(2), MUMBAI

ITA 8249/MUM/2025

AI Insights

Avanish Overseas Pvt Ltd filed appeals against the orders of the Commissioner of Income Tax (Appeals), which confirmed the additions made by the Assessing Officer under section 68 of the Income-tax Act, 1961, concerning unsecured loans. The Tribunal noted that the assessee had not availed the opportunity for a personal hearing through video conferencing as scheduled by the CIT(A). Considering the principles of natural justice, the Tribunal decided to remand the cases back to the CIT(A) for a fresh hearing, allowing the assessee another opportunity to substantiate their case.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 837802 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 29-11-2025
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: SURENDRA MOHAN
• Assessee Lawyers: DALPAT SINGH
• Keywords: Principle of natural justice
• Section: 147; 144; 143(3); 68

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER AND SHRI JAGADISH, ACCOUNTANT MEMBER ITA No. 8249/Mum/2025 Assessment Year: 2011-12 & ITA No. 8228/Mum/2025 Assessment Year: 2015-16 Avanish Overseas Pvt Ltd 1, Kartar Singh Compound, LBS Road, Ghatkopar, Mumbai- 400086 PAN: AACCA9108Q Vs. Income Tax Officer-14(1)(2) Mumbai-400020 (Appellant) (Respondent) Assessee by Shri Dalpat Singh Department by Shri Surendra Mohan, SR. DR Date of Hearing 16.02.2026 Date of Pronouncement 18.02.2026 ORDER Per Bench: 1. These two appeals by the Assessee are directed against separate orders passed by the Ld. Commissioner of Income Tax (Appeals) [CIT(A)], National Faceless Appeal Centre (NFAC), Delhi, both dated 24.09.2025. These appeals pertain to Assessment Years (A.Y.) 2011-12 Printed from counselvise.com ITA Nos. 8228 & 8249/M/2025 Avanish Overseas Pvt Ltd 2 and 2015-16, arising from assessments framed under section 147 r.w.s. 144 and section 143(3) of the Income-tax Act, 1961, respectively. As both appeals involve common issues and the same Assessee, they were heard together and are disposed of by this consolidated order for the sake of convenience. ITA No. 8249/Mum/2025 for A.Y. 2011-12 2. The brief facts are that the assessee is a company and filed return of income for A.Y. 2011-12 on 30.09.2011 showing total income of Rs.5,99,870. The Assessing Officer in assessment order passed u/s 147 r.w.s 144 has made addition u/s 68 of unsecured loan balance of Rs.2,41,70,424/-. Aggrieved, the assessee preferred appeal before the Ld. CIT(A). 3. On appeal before theLd. CIT(A), assessee sought an opportunity of personal hearing through video conferencing. The Ld. CIT(A) scheduled the hearing on 19.09.2025 and issued the VC link on 16.09.2025. Since the assessee failed to avail the said opportunity, the Ld. CIT(A) proceeded to decide the appeal ex parte and confirmed the addition made by the Assessing Officer. 4. The Ld. AR at the outset has submitted that the Ld. CIT(A) passed the order without hearing through the VC, one more opportunity may be provided to substantiate the case before the Ld. CIT(A). 5. The Ld. DR on the other hand, relied on the orders of lower authorities. 6. We have considered the rival submissions and perused the material available on record. We find that the assessee sought an opportunity of personal hearing through video conferencing. The Ld. CIT(A) provided the said opportunity but assessee failed to avail the same. keeping in view the principles of natural justice, we are of the opinion that one more opportunity should be granted to the assessee to Printed from counselvise.com ITA Nos. 8228 & 8249/M/2025 Avanish Overseas Pvt Ltd 3 substantiate his case before the Ld. CIT(A). Accordingly, the matter is remanded back to the file of Ld. CIT(A) for fresh adjudication. The assessee is also directed to comply with the notices issued by the Ld. CIT (A) without fail.In view of the above, the appeal filed by the assessee is allowed for statistical purposes only. ITA No. 8228/Mum/2025 for A.Y. 2015-16 7. The brief facts are that the assessee is a company and filed return of income for A.Y. 2015-16 on 31.10.2015 showing total income of Rs.4,00,270/-. The Assessing Officer in assessment order passed u/s 143(3) has made addition u/s 68 of unsecured loan balance of Rs.93,36,000/-. Aggrieved, the assessee preferred appeal before the Ld. CIT(A). 8. As the facts and legal issues are identical to those in the appeal for A.Y. 2011-12, our directions therein apply mutatis mutandis to this assessment year. This matter is also remanded to the Ld. CIT(A) for fresh adjudication. The appeal is allowed for statistical purposes. 9. In the result, both the appeals of the assessee are allowed for statistical purposes. Order pronounced in the open court on 18/02/2026 Sd/- Sd/- (NARENDER KUMAR CHOUDHRY) Judicial Member (JAGADISH) Accountant Member Mumbai, Dated: 18/02/2026 Ashwani Rao Sr. Private Secretary Printed from counselvise.com ITA Nos. 8228 & 8249/M/2025 Avanish Overseas Pvt Ltd 4 Copy of the order forwarded to: 1. Appellant 2. Respondent 3. The CIT 4. The CIT (Appeals) 5. The DR, I.T.A.T. By order (Assistant Registrar) ITAT, Mumbai Printed from counselvise.com "