DHAVAL SURESHKUMAR RANA,AHMEDABAD V. THE INCOME TAX OFFICER, WARD-5(3)(4), AHMEDABAD

ITA 805/AHD/2024

AI Insights

The case involves Dhaval Sureshkumar Rana, the appellant, contesting an order from the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, which dismissed his appeal ex parte. The original assessment for the Assessment Year 2012-13 was completed by the Income-tax Officer, Ward 5(3)(4), Ahmedabad, significantly increasing the assessed income based on various additions including unaccounted income and unexplained cash deposits. The CIT(A) upheld these additions due to the appellant's non-responsiveness to multiple notices. The Tribunal found that the dismissal of the appeal without a proper hearing violated the principles of natural justice and thus remanded the case for a fresh hearing.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 24955 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 28-11-2024
• Assessment Year: 2012-2013
• Appeal Filed On: 22-04-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B.P. SRIVASTAVA
• Assessee Lawyers: ASEEM L. THAKKAR
• Keywords: Opportunity of being heard; Income from undisclosed sources; Principle of natural justice
• Section: 147; 144; 250

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. 805/Ahd/2024 (Assessment Year: 2012-13) Dhaval Sureshkumar Rana, 4-A, Indrajit Apartment, Kalyanbag Society, Baliyakaka Road, Ahmedabad-380022 PAN : AKCPR 1739 D Vs. Income-Tax Officer, Ward 5(3)(4), Ahmedabad (Appellant) .. (Respondent) Appellant by : Shri Aseem L. Thakkar, AR Respondent by: Shri B.P. Srivastava, Sr DR Date of Hearing 28.11.2024 Date of Pronouncement 29.11.2024 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT : 1. 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 26.02.2024 passed under Section 250 of the Income-tax Act, 1961 [hereinafter referred to as \"the Act\" for short], for Assessment Year (AY) 2012-13. 2. The Assessee has taken following grounds of appeal:- “1. The Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi has erred in passing an Ex Parte Order dismissing the appeal without providing reasonable opportunity of being heard to the appellant Hence the same being against the principles of natural justice and equity requires to be quashed. ITA No. 805/Ahd/2024 Dhaval Sureshkumar Rana Vs. ITO Asst. Year : 2012-13 - 2– 2. The Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi has erred in dismissing the appeal filed against the assessment order passed u/s.147 of the Act in pursuance of Notice issued u/s.148 of the Act which is illegal and bad in law hence the same should be cancelled. 3. The Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi has erred in confirming the addition of Rs. 14,68,423/- made by the Assessing Officer for transaction done in M/s. Vas Infrastructure Ltd. treating the same as alleged unaccounted income. 4 The Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi has erred in confirming the addition of Rs.24,80,039/- made by the Assessing Officer in respect of share transactions in NSE from the data gathered from CIB information 5. The Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi has erred in confirming the addition of Rs. 12,65,500/- made by the Assessing Officer for the alleged cash deposits in state Bank of India on the basis of AIR information only. 6. The Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi has erred in confirming the addition of Rs.2,31,590/- made by the Assessing Officer for the payments made for credit card bills on the basis of AIR information.” 3. The assessment in this case has been completed on 02.12.2019 for the AY 2012-13 by the Income-tax Officer, Ward 5(3)(4), Ahmedabad determining total income at Rs.56,38,940/- against the returned income of Rs.1,93,390/- vide order passed u/s 144 r.w.s. 147 of the Act. The ld. CIT(A) has affirmed the order of the Assessing Officer on the grounds that the assessee has not responded to the 7 notices issued from December 2020 to January 2024 which led to passing of an ex-parte order by the ld. CIT(A). ITA No. 805/Ahd/2024 Dhaval Sureshkumar Rana Vs. ITO Asst. Year : 2012-13 - 3– 4. During the hearing before us, the ld. Counsel for the assessee submitted that given an opportunity due compliance would be made before the ld. CIT(A) and agreed to pay cost of Rs.5000/- to the \"Prime Minister's National Relief Fund\". The ld. DR declined in principle. We find that no prejudice would be caused to the Revenue if an opportunity of being heard is given to the assessee. Hence, in the interest of justice, we remand the matter to the ld. CIT(A) to adjudicate the issue de novo, after issuing notice of hearing afresh. The assessee shall comply to the notices issued by the ld. CIT(A) without seeking unnecessary adjournments. 5. In the result, the appeal of the Assessee is allowed for statistical purposes. The order is pronounced in the open Court on 29.11.2024 Sd/- Sd/- (SIDDHARTHA NAUTIYAL) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT Ahmedabad; Dated 29/11/2024 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 "