GOVIND JAMANDAS BHARWANI,CHENNAI V. ITO, NCW-9(1), CHENNAI

ITA 3616/CHNY/2025

AI Insights

The case involves an appeal by Govind Jamandas Bharwani against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, for the assessment year 2014-15. The primary issue was the confirmation of additions made by the Assessing Officer during reassessment under section 148 of the Income Tax Act, 1961. The reassessment included various additions, one of which was the disallowance of an interest reversal amounting to 9,18,475. The Tribunal found that the assessee had not provided sufficient documentary evidence during the appellate proceedings and thus remanded the matter for fresh consideration.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 847359 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2026
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: Chennai
• Assessment Year: 2014-2015
• Appeal Filed On: 01-12-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: GOUTHAMI MANIVASAGAM
• Assessee Lawyers: S. GIRISH KUMAR
• Keywords: Condonation of delay
• Section: 148; 143(3); 142(1)

Judgement Text

"आयकर अपीलीय अिधकरण, ’बी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI ŵी इंट ूरी रामाराव, लेखा सद˟ एवं ŵी एस.एस. िवʷनेũ रिव, Ɋाियक सद˟ क े समƗ । Before Shri Inturi Rama Rao, Accountant Member & Shri S.S. Viswanethra Ravi, Judicial Member आयकर अपील सं./I.T.A. No.3616/Chny/2025 िनधाŊरण वषŊ/Assessment Year: 2014-15 Govind Jamandas Bharwani, 24, Narasingapuram Street, Anna Salai, Chennai 600 002. [PAN: AAAPB8701H] Vs. The Income Tax Officer, Non Corporate Ward 9(1), Chennai. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : Shri S. Girish Kumar, Advocate ŮȑथŎ की ओर से/Respondent by : Ms. Gouthami Manivasagam, Addl. CIT सुनवाई की तारीख/ Date of hearing : 02.03.2026 घोषणा की तारीख /Date of Pronouncement : 24.03.2026 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order dated 05.08.2025 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi for the assessment year 2014-15. 2. We find that this appeal is filed with a delay of 31 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on an examination of the said affidavit, we find the reasons stated by the assessee are bonafide, which really Printed from counselvise.com I.T.A. No.3616/Chny/25 2 prevented in filing the appeal in time. Thus, the delay is condoned and admit the appeal for adjudication. 3. The assessee raised 12 grounds amongst which the only issue emanates for our consideration as to whether the ld. CIT(A) is justified in confirming the addition made by the Assessing Officer in the facts and circumstances of the case. 4. At the outset, we note that the assessee is an individual and filed return of income declaring total income of ₹.14,00,678/- on 31.10.2014. The case of the assessee was selected for scrutiny under CASS and thereafter, the assessment was completed under section 143(3) of the Income Tax Act, 1961 [“Act” in short] vide order dated 31.05.2016 determining the income of ₹.14,00,680/-. Thereafter, the Assessing Officer issued notice under section 148 of the Act, there was no response to the notices under section 148 and under section 142(1) of the Act, the Assessing Officer completed the reassessment vide his order dated 15.03.2022 assessing total income of the assessee at ₹.22,44,917/-, inter alia making various additions. On appeal, the ld. CIT(A) confirmed the addition made by the Assessing Officer. Printed from counselvise.com I.T.A. No.3616/Chny/25 3 5. The ld. AR Shri S. Girish Kumar, Advocate submits that in the exparte assessment order, the Assessing Officer disallowed the interest reversal to the extent of ₹.9,18,475/-, but, however, added 50% of such reversal amounting to ₹.4,59,237/- to the total income of the assessee. He submits that the accrued interest on certain FDs were debited to FD interest account, but, however, from 01.04.2008 to 31.03.2014, some FDs were matured which were directly credited to FDR account with Central Bank of India account, but, the assessee should have credited the interest portion on these matured FDs to FD interest accrued account, which was not done. Further, he submits that the FDR accrued account was showing a debit balance of ₹.9,18,475/-, which was closed by the assessee by transferring it to FDR interest reversal account and claimed as an expenditure since the income was already offered to tax in the respective assessment years. Thus, the ld. AR prayed to remand the matter to the file of the Assessing Officer for fresh consideration. 6. The ld. DR Ms. Gouthami Manivasagam, Addl. CIT reported no objection. 7. Having considered the submissions of the ld. AR and ld. DR, we find that there is no assistance from the assessee before the Assessing Officer. Since the assessee could not furnish documentary evidence Printed from counselvise.com I.T.A. No.3616/Chny/25 4 during the appellate proceedings, the ld. CIT(A) confirmed the addition made by the Assessing Officer. As there is no assistance from the assessee, taking into consideration the submissions of the ld. AR, in the interest of justice, we deem it proper to remand the matter to the file of the Assessing Officer for fresh consideration and the assessee is at liberty to file evidences, if any, before the Assessing Officer for his consideration. Thus, the grounds raised by the assessee are allowed for statistical purposes. 8. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 24th March, 2026 at Chennai. Sd/- Sd/- (INTURI RAMA RAO) ACCOUNTANT MEMBER (S.S. VISWANETHRA RAVI) JUDICIAL MEMBER Chennai, Dated, 24.03.2026 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय Ůितिनिध/DR & 5. गाडŊ फाईल/GF. Printed from counselvise.com "