JAYSHREE DEVI JHUNJHUNWALA,SHILLING, MEGHALAYA V. DCIT, CENTRAL CIRCLE 2, GUWAHATI, GUWAHATI, ASSAM

ITA 292/GTY/2026

AI Insights

The case involves two appeals by Jayshree Devi Jhunjhunwala against the orders of the Commissioner of Income Tax (Appeals) for the assessment years 2016-17 and 2017-18. The primary contention in the appeals was the addition of Rs.87,59,910 for AY 2016-17 and an unexplained amount of Rs.30,63,100 for AY 2017-18, treated as unexplained credits under Section 68 of the Income Tax Act and taxed under Section 115BBE. The assessee failed to provide adequate explanations or supporting documents during the assessment and appellate proceedings, leading to the upholding of the Assessing Officer's decisions by the CIT(A). The Tribunal, after considering the totality of facts and circumstances, decided to remit the matter back to the CIT(A) to ensure a fair hearing.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 858774 (ITAT-GUWAHATI)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-07-2026
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2017-2018
• Appeal Filed On: 07-05-2026
• Laws Referred To: Section 68 of the Income Tax Act, Section 115BBE of the Income Tax Act, Section 143(3) of the Income Tax Act, Section 263 of the Income Tax Act, Section 250 of the Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Set aside; Opportunity of being heard; Unexplained cash credit; Principle of natural justice
• Section: 143(3); 68

Judgement Text

" ITA Nos. 291 & 292/GTY/2026 (A.Ys. 2016-17 & 2017-18) Jayshree Devi Jhunjhunwala 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA-GUWAHATI ‘e-COURT’, DB, KOLKATA [Hybrid Court Hearing] Before Shri Duvvuru RL Reddy, Vice-President (KZ) & Shri Laxmi Prasad Sahu, Accountant Member I.T.A. No. 291/GTY/2026 Assessment Year: 2016-2017 & I.T.A. No. 292/GTY/2026 Assessment Year: 2017-2018 Jayshree Devi Jhunjhunwala,………....…...Appellant House No. 1, S.K. Baruah Road, Jonaki Path, Rukmimigaon, Guwahati-781006, Assam [PAN:ABYPJ1862E] -Vs.- Deputy Commissioner of Income Tax,……...Respondent Central Circle-2, Guwahati, Aayakar Bhawan, G.S. Road, Guwahati-781005, Assam Appearances by: N o n e, appeared on behalf of the assessee Shri Santosh Kumar Karnani, Addl. CIT, appeared on behalf of the Revenue Date of concluding the hearing: July 15, 2026 Date of pronouncing the order: July 17, 2026 O R D E R Per Duvvuru RL Reddy, Vice-President (KZ):- The present appeal bearing ITA No. 291/GTY/2026 is directed at the instance of assessee against the order dated Printed from counselvise.com ITA Nos. 291 & 292/GTY/2026 (A.Ys. 2016-17 & 2017-18) Jayshree Devi Jhunjhunwala 2 22.08.2025 of Id. Commissioner of Income Tax (Appeals), Central NER, Guwahati passed for assessment year 2016-17. The other appeal bearing ITA No. 292/GTY/2026 is directed at the instance of assessee against the order of Id. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 25.04.2024 passed for Assessment Year 2018-18. 2. None appeared on behalf of the assessee at the time of hearing for both the appeals. Therefore, we have decided to dispose of the appeals after hearing the ld. Departmental Representative and perusing the material available on record. 3. At the time of hearing before the Tribunal, it was the submission of the ld. Departmental Representative that the assessee failed to offer any explanation/supporting documents in respect of the grounds of appeals raised by her before the ld. Assessing Officer as well as ld. CIT(Appeals). The ld. D.R. pleaded that the ld. CIT(Appeals) was of the opinion that ld. Assessing Officer was justified in making the addition of Rs.87,59,910/- (for AY 2016-17) on account of losses from partnership firms written back being treated as unexplained credit under Section 68 of the Act and taxing it under Section 115BBE of the Act since in the course of appellate proceedings, the appellant has not brought on record any documents/evidences to corroborate her contentions made in her grounds of appeal. Due to her persistent non- compliance during the entire appellate proceedings, the appellant has failed to discharge the onus of controverting the findings of the Assessing Officer in the assessment order with documentary facts Printed from counselvise.com ITA Nos. 291 & 292/GTY/2026 (A.Ys. 2016-17 & 2017-18) Jayshree Devi Jhunjhunwala 3 and evidences. Thus, the impugned amount of Rs.87,59,910/- (ITA No. 291/GAU/2026 for AY 2016-17) is considered to be unexplained credit within the meaning of Section 68 of the Act. Similarly, in AY 2017-18, the ld. Assessing Officer under section 143(3) assessed the total income of the assessee at Rs.38,15,100/- (ITR Rs.7,52,000/- + Rs.30,63,100/- treated unexplained amount), which was confirmed by the ld. CIT(Appeals) in his appellate order. The ld. D.R. also pleaded that the appellant was provided multiple opportunities of being heard during the assessment as well as appellate proceedings, in accordance with the principles of natural justice. However, no explanation or documentary evidence was furnished in support of the appellant’s arguments made in the grounds of appeals. He pleaded that for the notices under Section 250 of the Act issued to her in both the appeals, the appellant has nothing further to say/furnish/submit in this regard. Hence, the ld. CIT(Appeals) upheld the assessment orders passed by the Assessing Officer for the A.Y.2016-17 under Section 143(3) r.w.s.263 of the Act on 29.03.2022 and 26.12.2019 under section 143(3) for AY 2017-18. Therefore, he pleaded to uphold the orders passed by the revenue authorities. 4. We have heard the ld. Departmental Representative and perused the material available on record. A perusal of the impugned orders clearly shows that ld. CIT(Appeals) dismissed the appeals of assessee as the assessee failed to produce any cogent proof or explanation in support of the claim and to substantiate her case. By considering the totality of the facts and circumstances of the case, we are inclined to set aside the orders for both the Printed from counselvise.com ITA Nos. 291 & 292/GTY/2026 (A.Ys. 2016-17 & 2017-18) Jayshree Devi Jhunjhunwala 4 appeals in respect of A.Y. 2016-17 and 2017-18 passed by the ld. CIT(Appeals) and in order to meet the principle of natural justice, remit the matter back to the file of the ld. CIT(Appeals) with a direction to provide one more opportunity of being heard to the assessee. At the same breath, we also hereby caution the assessee to promptly co-operate with the proceedings before the ld. CIT(Appeals) failing which the ld. CIT(Appeals) shall be at liberty to dispose of the appeals by passing appropriate order in accordance with law and merits based on the materials available on the record. Thus, the grounds raised by the assessee in the appeals are partly allowed for statistical purposes. 5. In the result, both the appeals of the assessee stand partly allowed for statistical purposes. Order pronounced in the open Court on 17/07/2026. Sd/- Sd/- (Laxmi Prasad Sahu) (Duvvuru RL Reddy) Accountant Member Vice-President (KZ) Kolkata, the 17th day of July, 2026 Copies to :(1) Jayshree Devi Jhunjhunwala, House No. 1, S.K. Baruah Road, Jonaki Path, Rukmimigaon, Guwahati-781006, Assam (2) Deputy Commissioner of Income Tax, Central Circle-2, Guwahati, Aayakar Bhawan, G.S. Road, Guwahati-781005, Assam Printed from counselvise.com ITA Nos. 291 & 292/GTY/2026 (A.Ys. 2016-17 & 2017-18) Jayshree Devi Jhunjhunwala 5 (3) CIT(A), Central NER, Guwahati/ NFAC, Delhi; (4) CIT - ; (5) The Departmental Representative; (6) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha Printed from counselvise.com "