CHHAGANBHAI NANUBHAI BUTANI,SURAT V. INCOME TAX OFFICER,WARD3(3)(1), SURAT

ITA 1015/SRT/2025

AI Insights

The case involves two appeals by Chhaganbhai Nanubhai Butani against the orders dated 11.07.2025 for the assessment years 2015-16 and 2017-18. The primary issue was the addition of Rs.33.38 crores as undisclosed income by the Assessing Officer on a protective basis, linked to an application filed by the assessee before the Settlement Commission. The CIT(A) set aside the initial assessment order and directed the Assessing Officer to conduct further inquiries and verify the assessee's submissions. The Tribunal found no error in the CIT(A)'s decision to remand the case and thus dismissed the appeals.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 831721 (ITAT-SURAT)
• Duration Of Justice: 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2026
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 28-09-2025
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MUKESH JAIN
• Assessee Lawyers: RASESH SHAH
• Keywords: Set aside

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT Ms SUCHITRA KAMBLE, JUDICIAL MEMBER ITA Nos.1015 & 1016/Srt/2025 (Assessment Years:2015-16 & 2017-18) Chhaganbhai Nanubhai Butani, Plot No.50, Ranchhognagar Raw House, Varachha Road, S.O Surat-395006. [PAN : BGYPB5691P] Vs. Income Tax Officer, Ward-3(3)(1), Surat. (Appellant) .. (Respondent) Appellant by : Shri Rasesh Shah, AR Respondent by: Shri Mukesh Jain, CIT. DR Date of Hearing 21.01.2026 Date of Pronouncement 23.01.2026 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- The captioned two appeal have been filed by the Assessee against the separate orders both dated 11.07.2025 passed by the Ld. Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“the CIT(A) in short), under Section 250 of the Income-tax Act, 1961 (“the Act”), relating to the Assessment Years 2015-16 & 2017-18. 2. The Assessing Officer made an addition of Rs.33.38 crores as undisclosed income of the assessee on a protective basis, owing to the filing of an application before the Settlement Commission. The Ld. CIT(A) set aside the assessment order and restored the matter to the file of the Assessing Officer with a direction to conduct necessary enquiries and verify the submissions filed by the assessee. Since no error can be found out in the order of the Ld.CIT(A) to remand the case to the Assessing Officer, we affirm the order of the Ld.CIT(A). Printed from counselvise.com ITA No.1015 & 1016/Srt/2025 Asst. Years: 2015-16 & 2017-18 - 2– 3. The appeal of the assessee on this ground stands dismissed. 4. Since the facts and issues are identical for other assessment year, the above decision shall apply mutatis mutandis to the other appeal also. Thus, the appeal filed by the assessee is dismissed 5. In the result, the appeals by the assessee are dismissed in above terms. The order is pronounced in the open Court on 23.01.2026. Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Surat; Dated 23.01.2026 **mv 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 , आयकर अपीलीय अिधकरण , /DR,ITAT, Surat, 6. गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, TRUE COPY सहायक पंजीकार (Asstt. Registrar) आयकर अपीलीय अिधकरण ITAT, Surat 1. …………………………………… Printed from counselvise.com "