BHAVESH VASANTLAL SONI,AHMEDABAD V. THE INCOME TAX OFFICER, WARD-1(2)(1), AHMEDABAD

ITA 1570/AHD/2024

AI Insights

This case involves an appeal by Bhavesh Vasantlal Soni against the order of the Commissioner of Income Tax (Appeals), which confirmed various additions and disallowances made by the Income Tax Officer under the Income Tax Act, 1961 for the Assessment Year 2017-18. The main issues in the appeal included the rejection of books of accounts, additions on account of cash deposits and unexplained unsecured loans, disallowance of interest on housing loan, and invocation of provisions under section 115BBE of the Act. The Tribunal noted that the CIT(A) had provided several opportunities for the assessee to present documents, which were not submitted, leading to an ex-parte dismissal of the appeal by the CIT(A). The Tribunal found it necessary to remand the case back to the CIT(A) for a detailed examination of the merits of the case.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 23215 (ITAT-AHMEDABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2017-2018
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Rejection of books of accounts
• Section: 143(3); 145(3)

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “B” BENCH Before: DR. BRR Kumar, Vice President And Shri T. R. Senthil Kumar, Judicial Member Bhavesh Vasantlal Soni 16 Shreehari Bhavan Avenue, 2nd Floor, Patnini Khadki Zaveriwad, Ratan Pole, Ahmedabad-380001 PAN: ANDPS7796R (Appellant) Vs Income Tax Officer Ward-1(2)(1), Ahmedabad (Respondent) Assessee Represented: Shri Hardik Vora, A.R. Revenue Represented: Shri Kavan Limbasiya, Sr.D.R. Date of hearing : 18-03-2025 Date of pronouncement : 19-03-2025 आदेश/ORDER PER : DR. BRR KUMAR, VICE PRESIDENT:- Delay Condoned This appeal is filed by the Assessee as against the appellate order dated 28.06.2024 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as “CIT(A)”), arising out of the assessment order passed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year 2017-18. ITA No: 1570/Ahd/2024 Assessment Year: 2017-18 I.T.A No. 1570/Ahd/2024 A.Y. 2017-18 Page No Bhavesh Vasantlal Soni vs. ITO 2 2. The Assessee has taken the 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 passing order without providing sufficient opportunities of being heard. 2. On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income-Tax (Appeals) has erred in confirming rejection of 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 Commissioner of Income-Tax (Appeals) has erred in confirming addition of Rs. 53,90,000/- on account of cash deposits made in bank accounts during the year. 4. On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income-Tax (Appeals) has erred in confirming addition of Rs.49,71,491/- on account of unexplained unsecured loans. 5. On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income-Tax (Appeals) has erred in confirming addition of Rs. 64,410/- on account of disallowance of interest on housing loan claimed u/s 24 of the Act. 6. On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income-Tax (Appeals) has erred in confirming invocation of provisions of section 115BBE of the Act. 7. On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income-Tax (Appeals) has erred in confirming assessment order passed by the Assessing Officer without considering the submissions and documents filed by assessee. 8. It is therefore prayed that the above addition/disallowance made by the assessing officer may please be deleted. 3. On going through the record, we find that Ld. CIT(A) has accorded several opportunities of hearing to the assessee. However, the assessee failed to submit any documents. Hence, the Ld.CIT(A) dismissed the appeal of the assessee exparte. Since the primary adjudication of grounds of appeal has not been taken by Ld. CIT(A), in the interest of justice, the matter is remanded to the Ld.CIT(A) I.T.A No. 1570/Ahd/2024 A.Y. 2017-18 Page No Bhavesh Vasantlal Soni vs. ITO 3 for adjudication on merits. The assessee shall comply with the notices issued by the Ld. CIT(A) without seeking any unnecessary adjournments. 4. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 19 -03-2025 Sd/- Sd/- (T.R. SENTHIL KUMAR) (DR. BRR KUMAR) JUDICIAL MEMBER VICE PRESIDENT Ahmedabad : Dated 19/03/2025 आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपीलȣय अͬधकरण, अहमदाबाद "