HITESH BHURALAL JAIN,MUMBAI V. NATIONAL FACELESS APPEAL CENTRE, DELHI

ITA 132/MUM/2025

AI Insights

The case involves Hitesh Bhuralal Jain, the Appellant, who appealed against the order of the National Faceless Appeal Centre (NFAC), which had dismissed his appeal against the Assessment Order for the Assessment Year 2019-2020. The Assessment Order included additions for unexplained investments and unexplained money, among others. The Assessee contended that he did not receive proper notice of the hearing from the CIT(A), which led to his inability to represent his case effectively. The Tribunal considered the Assessee's affidavit and the supporting documents provided during the appeal, deciding to remand the case for a fresh hearing.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 785505 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2019-2020
• Appeal Filed On: 08-01-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ASSESSEE
• Keywords: Set aside; Opportunity of being heard; Unexplained investment
• Section: 147; 69

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER ITA No.132/MUM/2025 (Assessment Year:2019-2020) Hitesh Bhuralal Jain Plot No.3 B Dindoshi Village, Western Express Highway, Goregaon East Mumbai - 400063. Maharashtra. [PAN:AABPJ0419K] …………. Appellant National Faceless Appeal Centre 245-A, North Block, New Delhi - 110001 Vs …………. Respondent Appearance For the Appellant/Assessee For the Respondent/Department : : Shri Tejas Sodha Shri Hemanshu Joshi Date Conclusion of hearing Pronouncement of order : : 09.10.2025 29.10.2025 O R D E R [ Per Rahul Chaudhary, Judicial Member: 1. The present appeal preferred by the Assessee is directed against the order, dated 20/12/2024, passed by the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘the CIT(A)’] whereby the Ld. CIT(A) had dismissed the appeal against the Assessment Order, dated 23/02/2024, passed under Section 147 read with Section 144B of the Income Tax Act, 1961 for the Assessment Year 2019-2020. 2. The Assessee has raised various ground and has grouped the same under the following heads: “Ground I(a) to (e) Unexplained investment u/s. 69 r.w.s. 115BBE of Income Tax Act.1961 of amount Rs.6,14,624/- on account of purchases of shares/securities Printed from counselvise.com ITA No. 132/Mum/2025 Assessment Year 2019-2020 2 Ground II (a) – (g) Unexplained money u/s. 69A RWS 115BBE of Income Tax Act.1961 of amount Rs.1,40,85,853/-on account of credit transactions reflected in the bank account Ground III (a) – (e) Additions in profit and gains from business and profession of amount Rs.3.83.981/-on account of sale of shares/securities” 3. When the appeal was taken up for hearing Learned Authorized Representative for the Assessee requested that the Assessee be granted another opportunity to make out a case on merits. It was submitted that the Assessee did not receive notice of hearing issued by the Ld. CIT(A) and therefore, proper representation could not be made before the Ld. CIT(A). The aforesaid submissions were supported by the affidavit of the Assessee. 4. Per contra, the Learned Departmental Representative submitted that sufficient opportunity was granted to the Assessee to make representation before the Ld. CIT(A). However, since the Assessee had failed to take benefit of the same the Ld. CIT(A) was justified in dismissing the appeal. 5. We have considered the rival submissions recorded and have perused the material on record. 6. In the sworn affidavit filed by the Assessee it has been deposed that that the notices of hearing issued by the Learned CIT(A) were sent to email-ID which was not functional at the relevant time and therefore, Assessee did not have knowledge of the appellate proceedings. On perusal of the Assessment Order, we find that following additions were made in the hands of the Assessee: (a) Addition of 614,624/- towards purchase of securities u/s. 69 RWS 115BBE of the Income-tax Act on account of Unexplained Investment. Printed from counselvise.com ITA No. 132/Mum/2025 Assessment Year 2019-2020 3 (b) Addition of Rs. 1,40,85,853 ( Rs. 4,92,000/- through Cash Deposit and Rs. 1,35,93,853/- through electronic fund transfer) proposed u/s.69A of the Income-tax Act on account of Unexplained Money. (c) Addition on account of sale of securities amounting to Rs. 3,83,981/ 7. All the above additions were confirmed by the CIT(A) since the Assessee had failed to make proper representation. Before us, the Learned Authorised Representative reiterated the averment made in the statement of facts that the relevant supporting document/details were available and if granted an opportunity the Assessee would be able to make out a case for deletion of the additions made by the Assessing Officer on merits. We note that the Assessee has also filed before us a paper-book containing the following document (a) Bank Statement highlighting Cash Deposit and Cash Withdrawals in the Financial Year 2018-2019 (b) ITR and Computation of Income for Financial Year 2018-2019 (Assessment Year 2019-2020) (c) Bank Statement highlighting loan given and received back in the Financial Year 2018-2019 and (d) Bank Statement highlighting loan received from friend and relatives in the Financial Year 2018-2019. 8. Therefore, given the facts and circumstances are noted hereinabove, we deem it appropriate to grant the Assessee another opportunity to make proper representation subject to payment of cost of INR.15,000/- to the deposited in the Prime Minister's National Relief Fund (PMNRF) within a period of 7 days of this order. Subject to deposit of cost as aforesaid, the order, dated 20/12/2024, passed by the CIT(A) is set aside, with the directions to adjudicate the appeal afresh after granting the Assessee a reasonable opportunity of being heard. The CIT(A) is directed to verify the payment of the aforesaid cost before adjudicating the appeal afresh. The Assessee is also directed to co-operate in the appellate proceedings and forthwith file Printed from counselvise.com ITA No. 132/Mum/2025 Assessment Year 2019-2020 4 details, documents & submission in support of its claims/contentions before the Ld. CIT(A). The Ld. CIT(A) would be at liberty to admit/consider the same as per law. It is, however, clarified that in case the Assessee fails to enter appearance and/or fails to file details/documents/submission in response to notice of hearing issued by the Ld. CIT(A), the Ld. CIT(A) shall be at liberty to decide the issues on merits on the basis of material on record. The Assessee is directed to be vigilant and track the appellate proceedings through Income Tax Business Application Portal. In terms of the aforesaid Ground No. I(d), II(f) and III(d) are allowed for statistical purposes while all other grounds are dismissed as infructuous in view of the fact that the impugned order has been set aside. 9. In terms of paragraph 8 above, the present appeal is treated as allowed for statistical purpose. Order pronounced on 29.10.2025. Sd/- Sd/- (Omkareshwar Chidara) Accountant Member (Rahul Chaudhary) Judicial Member म ुंबई Mumbai; दिन ुंक Dated : 29.10.2025 Milan, LDC Printed from counselvise.com ITA No. 132/Mum/2025 Assessment Year 2019-2020 5 आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त/ The CIT 4. प्रध न आयकर आय क्त / Pr.CIT 5. दिभ गीय प्रदिदनदध ,आयकर अपीलीय अदधकरण ,म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file. आिेश न स र/ BY ORDER, सत्य दपि प्रदि //True Copy// उप/सह यक पुंजीक र /(Dy./Asstt. Registrar) आयकर अपीलीय अदधकरण, म ुंबई / ITAT, Mumbai Printed from counselvise.com "