Shri Aminali Vikrambhai Jivani, Ahmedabad V. The ITO, Ward-3(2)(1), Ahmedabad

ITA 1851/AHD/2019

AI Insights

The case involves Shri Aminali Vikrambhai Jivani, who appealed against the order passed by the CIT(Appeals)-3, Ahmedabad, concerning the assessment year 2010-11. The primary contention was the addition of Rs. 1,132,720 as unexplained cash credits under Section 68 of the Income Tax Act, 1961, following a cash deposit in his bank account, which was reported through AIR information. The Assessing Officer initially made this addition under a reassessment order after the assessee failed to respond to statutory notices. The CIT(A) upheld this addition, leading to the appeal before the Tribunal. The Tribunal found merit in the assessee's request for a remand to verify the additional documentary evidences provided, which were not previously considered by the lower authorities.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 300004 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 3 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-03-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Next Hearing Date: 28-02-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 12-12-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained cash credit; Principle of natural justice; Additional evidence
• Section: 68; 144; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER I. T .A . N o .1 85 1 / Ah d/2 0 1 9 ( A s se ss m e nt Y e a r : 20 10- 11 ) Sh r i A min al i V i kr a m b h ai J iv a n i Na l S a r o v a r R o a d, Sh a h pu r , Ta l: Vir a mg a m , D is t: A h m eda ba d Vs . I T O War d - 3 ( 2) ( 1 ) , A h me da ba d [ P AN N o. A G LP J4 5 33 C ] (Appellant) .. (Respondent) Appellant by : Shri Vipul Khandhar, A.R. Respondent by: Shri Sanjay Jain, Sr. D.R. D a t e of H ea r i ng 01.03.2023 D a t e of P r o no u n ce me nt 15.03.2023 O R D E R The appeal filed by the assessee is against the order passed by the Ld. CIT(Appeals)-3, Ahmedabad on 24.10.2019 for A.Y. 2010-11. 2. The grounds of appeal raised by the assessee are as under: “1. The learned ITO erred in law and on facts in passing the order under section 143(3) of IT Act, 1961 which is requested to be quashed. 2. The learned ITO & CIT (Appeals-6) erred in law and on facts in passing the order under section 143(3) of the Income tax act, 1961 by making addition of Rs. 1132720/- being unexplained cash credits u/s 68 of the IT Act, 1961. 3. Prayer:- (i) Drop the addition of Rs. 1132720/- being unexplained cash credits u/s 68 of IT Act, 1961.” 3. The assessee is an individual and not filed return of income for A.Y. 2010-11. The department received AIR information that the assessee deposited Rs. 11,32,720/- on 31.03.2010 in ICICI Bank account in cash. The case was reopened after recording reasons and approval. In response to the statutory notices the assessee has not appeared and the Assessing Officer passed assessment order under Section 144 r.w.s. 147 of the Act thereby making addition of Rs. 11,32,720/- as unexplained cash credit under Section 68 of the Act. ITA No. 1851/Ahd/2019 Shri Aminali Vikrambhai Jivani vs. ITO Asst.Year–2010-11 - 2 – 4. Being aggrieved by the assessment order the assessee filed appeal before the CIT(A). The CIT(A) dismiss the appeal of the assessee. 5. The Ld. A.R. submitted that before the CIT(A) also sufficient opportunity was given to the assessee to furnish the documentary evidences and therefore, the Ld. A.R. seek that the matter may be remanded back to the file of the Assessing Officer for proper adjudication after taking cognizance of the documentary evidences. 6. The Ld. D.R. relied upon the assessment order and the order of the CIT(A). 7. Heard both the parties and perused all the relevant material available on record. After perusing the application for producing the addition evidences it appears that the documentary evidences though not produce before the Revenue authority or the appellate authority the same needs verification and therefore, the issue is remanded back to the file of the Assessing Officer for proper adjudication after taking cognizance of the additional evidences filed by the assessee before the Tribunal and pass appropriate order as per law. Needless to say, the assessee be given opportunity of hearing by following principle of natural justice. 8. In result, the appeal of the assessee is partly allowed for statistical purposes. This Order pronounced in Open Court on 15/03/2023 Sd/- (SUCHITRA KAMBLE) JUDICIAL MEMBER Ahmedabad; Dated 15/03/2023 TANMAY, Sr. PS TRUE COPY ITA No. 1851/Ahd/2019 Shri Aminali Vikrambhai Jivani vs. ITO Asst.Year–2010-11 - 3 – आदेश क त ल प अ े षत/Copy of the Order forwarded to : 1. अपीलाथ / The Appellant 2. यथ / The Respondent. 3. संबं धत आयकर आय ु त / Concerned CIT 4. आयकर आय ु त(अपील) / The CIT(A)- 5. वभागीय त न ध, आयकर अपील!य अ धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड' फाईल / Guard file. आदेशान ु सार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील य अ धकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation 09.03.2023 2. Date on which the type draft is placed before the Dictating Member 10.03.2023 3. Other Member..................... 4. Date on which the approved draft comes to the Sr.P.S./P.S .03.2023 5. Date on which the fair order is placed before the Dictating Member for pronouncement .03.2023 6. Date on which the fair order comes back to the Sr.P.S./P.S 15.03.2023 7. Date on which the file goes to the Bench Clerk 15.03.2023 8. Date on which the file goes to the Head Clerk.......................................... 9. The date on which the file goes to the Assistant Registrar for signature on the order.......................... 10. Date of Despatch of the Order..........................................