GHANSHYAMBHAI DEVRAJBHAI DOBARIYA,SURAT V. ITO, WARD-3(2)(2), SURAT

ITA 865/SRT/2024

AI Insights

This case involves an appeal by Ghanshyambhai Devrajbhai Dobariya against the order of the Commissioner of Income-Tax (Appeals), which upheld the addition of Rs.26,23,459 to the assessee's income as unexplained under section 68 of the Income-tax Act, 1961. The addition was initially made by the Assessing Officer, who treated the capital introduced by the assessee as unexplained income. The assessee contested this, providing various documents including bank statements and agricultural land records, to substantiate the sources of the capital. The Income Tax Appellate Tribunal, after reviewing the documents, concluded that the sources were adequately explained and allowed the appeal, thereby removing the addition.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 830830 (ITAT-SURAT)
• Duration Of Justice: 1 year(s) 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: misc
• Appeal Filed On: 14-08-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHISH KUMAR
• Assessee Lawyers: P M JAGASHETH
• Section: 68

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 No.865/Srt/2024 (Assessment Year: 2012-13) Ghanshyambhai Devrajbhai Dobariya, Flat No.1101, Rajhans Swapna, Angarak Tower, Surat-395006. [PAN : ADTPD0653L] Vs. Income Tax Officer, Ward-3(2)(2), Surat. (Appellant) .. (Respondent) Appellant by : Shri PM Jagasheth, AR Respondent by: Shri Ashish Kumar, Sr. 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:- This appeal has been filed by the Assessee against the order dated 18.06.2024 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 Year 2012-13. 2. In the present case, the Assessing Officer made an addition of Rs.26,23,459/- under section 68 of the Income-tax Act, 1961, treating the capital introduced by the assessee as unexplained income. Before us, the Ld. Counsel for the assessee submitted that the said amount had been duly disclosed and offered to tax and that the sources of capital introduction were properly explained. In support, the assessee furnished the following details: Printed from counselvise.com ITA No.865/Srt/2024 Asst. Year : 2012-13 - 2– Sr.No. Particulars 1 Certificate of Import Export Certificate. 2. Bank Statement of The Varachha Co-op Bank of Ghanshyambhai Devarajbhai Dobariya from the period of 01 April 2011 to 31 March 2012 3. Bank Statement of Axis Bank of Ghanshyambhai Devarajbhai Dobariya from the period of 01 April 2011 to 31 March 2012 4. Account Copy of Bank Book of Ghanshyambhai Devarajbhai Dobariya from the period of 01 April 2011 to 31 March 2012 5. Account Copy of Cash Book of Ghanshyambhai Devarajbhai Dobariya from the period of 01 April 2011 to 31 March 2012 6. Acknowledgment ROI and Computation of income for A.Y. 2008-09 To 2012-13 and relevant page 7. 7x12 of Agriculture Land 3. On perusal of the above documents reflecting the amounts introduced into the capital account, we find that although these details were available on record, the same were not properly examined by the Assessing Officer. Upon verification of the material placed before us, we are satisfied that the source of capital introduction stands duly explained. Accordingly, no addition under section 68 of the Act is called for. 4. In the result, the appeal of the assessee is allowed. The order is pronounced in the open Court on 23.01.2026. Sd/- (SUCHITRA KAMBLE) Sd/- (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Surat; Dated 23.01.2026 Printed from counselvise.com ITA No.865/Srt/2024 Asst. Year : 2012-13 - 3– **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. Date of dictation …words processed by Hon’ble VP on his PC on 17.10.2025……………. 2. Date on which the typed draft is placed before the Dictating Member …03.11.2025…………. 3. Other Member ……06.11.2025………. 4. Date on which the 5. the order 6. Date of Dispatch of the Order…………………………………… Printed from counselvise.com "