KESHAV KANODIA,PITAMPURA, DELHI V. INCOME TAX OFFICER, WARD 43(8), NEW DELHI

ITA 2564/DEL/2025

AI Insights

The case involves an appeal by Keshav Kanodia against the order of the National Faceless Appeal Centre (NFAC), New Delhi, which sustained an adhoc addition of Rs. 1,42,87,397 made by the Assessing Officer (AO). The additions included Rs. 32,66,000 treated as undisclosed and unaccounted cash, and Rs. 1,10,21,397 as unexplained sundry creditors. The appellant argued that these additions were made purely on estimation by the AO, based on suspicion, conjectures, and surmises. During the tribunal proceedings, no submissions or arguments were presented on behalf of the assessee, leading to the initial dismissal of the appeal. However, the tribunal, considering the totality of facts and circumstances, decided to remand the matter back to the CIT(A) for a detailed examination and to provide the assessee a final opportunity to present his case.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 834566 (ITAT-DELHI)
• Duration Of Justice: 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2017-2018
• Appeal Filed On: 21-04-2025
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR DHANESTA

Judgement Text

"1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’, NEW DELHI BEFORE SH.SUDHIR KUMAR, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No. 2564/Del/2025 Assessment Year: 2017-18 KESHAV KANODIA, D-743, 3RD FLOOR, SARASWATI VIHAR, PITAMPURA, DELHI – 110 034 [PAN No. ANCPK3546L) Vs. INCOME TAX OFFICER, WARD 43(8), NEW DELHI (APPELLANT) (RESPONDENT) Appellant by None Respondent by Sh. Rajesh Kumar Dhanesta, Sr. DR. Date of hearing: 2/2/2026 Date of Pronouncement: 4/2/2026 ORDER PER SUDHIR KUMAR, JM: This appeal by the assessee is directed against the order of the National Faceless Appeal Centre (NFAC), New Delhi vide order dated 24.02.2025 pertaining to A.Y. 2017-18. 2. The assessee raised the following grounds in appeal: 1. That the Ld. NFAC, Delhi erred on facts an in law, in sustaining the adhoc addition of Rs. Printed from counselvise.com 2 1,42,87,397/- made by the AO by arbitrary treating Rs. 32,66,000/- as undisclosed and unaccounted cash and Rs. 1,10,21,397/- as unexplained sundry creditors. That the sustained addition is erroneous, as made purely on estimation by the AO, merely based on suspicion, conjectures and surmises. 2. That the appellant crave leave to add, amend, alter or omit any of the above grounds of appeal as the circumstances may warrant or as may be necessary. 3. None appeared on behalf of the assessee. 4. After hearing the Ld. DR and perusing the records, we find that in the instant case the assessee did not file any submissions and also not made any arguments before him during the proceedings before him, therefore, in the absence of the same, the appeal of the assessee was dismissed. Considering the totality of the facts and circumstances of the case and in the interest of justice, we deem it proper to restore the issue to the file of the Ld. CIT(A) with a direction to grant one final opportunity to the assessee to substantiate its claim and decide the issue as per fact and law. The assessee is also directed to appear before the Ld. CIT(A) and co-operate in the proceedings. The grounds raised by the assessee are accordingly allowed for statistical purposes. Printed from counselvise.com 3 4. In the result the appeal of the assessee is allowed for statistical purposes. Order pronounced in the Open Court on 4.2.2026. Sd/- Sd/- (MANISH AGARWAL) (SUDHIR KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER SR BHATNAGGR Date:- 4.02.2026 Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT(Appeals) ` 5.DR: ITAT AR, ITAT NEW DELHI Printed from counselvise.com "