CUPID BIOTECH LTD.,AHMEDABAD V. THE ITO, WARD-1(1)(3), AHMEDABAD

ITA 1746/AHD/2024

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Cupid Biotech Ltd. appealed against the order of the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, which confirmed an addition of Rs. 9,84,694 as unexplained money for the Assessment Year 2012-13. The assessee contested the reopening of the assessment under section 148, claiming it was for verification purposes only and constituted fishing and roving inquiries. The Tribunal noted that the assessee had not responded to multiple notices from the CIT(A), leading to the dismissal of their appeal. The Tribunal found that the CIT(A) had not adjudicated on the merits of the case and thus remanded the matter back for a detailed examination.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 23320 (ITAT-AHMEDABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside; Reopening of assessment; Principle of natural justice; Initiation of penalty proceedings
• Section: 148

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “SMC” BENCH BEFORE: DR. BRR KUMAR, VICE PRESIDENT Cupid Biotech Ltd., 52/G, Shilpgram-3, Lapkaman, Ahmedabad-380015. PAN: AAACC6376J (Appellant) Vs The Income Tax Officer, Ward-1(1)(3), Ahmedabad. (Respondent) Assessee Represented: Shri Parin Shah, AR. Revenue Represented: Smt. Mamta Singh, Sr.D.R. Date of hearing : 26.02.2025 Date of pronouncement : 28.02.2025 आदेश/ORDER Delay Condoned This appeal is filed by the Assessee as against the appellate order dated 05.06.2024 passed by the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2012-13. 2. The assessee has raised the following grounds of appeal: ITA No.1746/Ahd/2024 Assessment Year 2012-13 I.T.A No. 1746/Ahd/2024 A.Y. 2012-13 Page No 2 1. The order passed by lower authorities is bad in law and required to be quashed. 2. The reopening of assessment u/s 148 is bad in law as same has been done for verification purpose only for making fishing and roving inquiries. 3. I.d. NFAC erred in law and on facts in dismissing appeal violating provision of section 250(6) of the Act thus appellant prays that appeal may be set aside to CIT(A) / NFAC for adjudication cm merits. 4. Ld. NFAC erred in law and on facts in confirming addition of Rs. 9,84.694/-by treating same as unexplained money ignoring fact that this section does not have applicability. 5. Ld. NFAC erred in law and on facts in confirming addition ignoring fact that the material relied on by AO was not provided and thus violated the principle of natural justice. 6. Both lower authorities erred in law and on facts in passing orders without providing statements of the persons relied on and consequential cross examination. 7. Charging of Interest u/s 234A,234B,234C & 234D are unjustified. 8. Initiation of penalty proceedings u/s 271(l)(c) is unjustifled. 3. On going through the record, I find that notices u/s.250 were issued on 31.08.2020, 29.12.2020, 23.10.2023 & 21.06.2024 requesting the assessee to submit certain details/clarification/ explanation. However, in pursuance to the same the assessee failed to submit any reply and the appeal of the assessee was dismissed by the Ld.CIT(A). The Ld. Counsel for the assessee prayed that, given an opportunity, all the details/clarification/explanation would be provided to the revenue authorities. Since the primary adjudication of the ground of appeal has not been taken by Ld.CIT (A), in the interest of justice, the matter is remanded back to the Ld.CIT(A) for adjudication of entire issue. The assessee shall comply with I.T.A No. 1746/Ahd/2024 A.Y. 2012-13 Page No 3 the notices issued by the authorities 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 28.02.2025 Sd/- Sd/-/- Sd/- (DR.BRR KUMAR) VICE PRESIDENT (True Copy)rue Copy) Ahmedabad : Dated 28.02.2025 आदेश कᳱ ᮧितिलिप अᮕेिषत / 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 अपीलीय अिधकरण, अहमदाबाद "