KESHIA JEWELS PRIVATE LIMITED,SURAT V. ASSESSMENT UNIT (NFAC), JURISDICTIONAL ASSESSING OFFICER WARD 1(1) (3), SURAT

ITA 806/SRT/2025

AI Insights

The case involves Keshia Jewels Pvt. Ltd., the appellant, contesting orders from the Commissioner of Income-Tax (Appeals), which upheld the Assessing Officer's decision regarding unexplained expenditure for the Assessment Year 2018-19. The Tribunal noted that the assessee had multiple opportunities to present necessary details and explanations but failed to comply, leading to the dismissal of their appeal as ex-parte by the CIT(A). The Tribunal, considering the request of the assessee's counsel for another opportunity to present the case, decided to set aside the CIT(A)'s orders and remand the case for a fresh examination.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 832318 (ITAT-SURAT)
• Duration Of Justice: 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 31-07-2025
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MUKESH JAIN
• Assessee Lawyers: SAPNESH SHETH
• Keywords: Set aside; Unexplained expenditure

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT Ms SUCHITRA KAMBLE, JUDICIAL MEMBER ITA Nos.805 & 806/Srt/2025 (Assessment Year: 2018-19) Keshia Jewels Pvt. Ltd. Off. No.11, H.No.6/1817, Ashish Building, Bhojabhai No.Tekro, Opp. Police Chowki, Mahidharpura, Surat-395003. [PAN : AAGCK1426M] Vs. Income Tax Officer, Ward-1(1)(3), Surat. (Appellant) .. (Respondent) Appellant by : Shri Sapnesh Sheth, AR Respondent by: Shri Mukesh Jain, CIT. DR Date of Hearing 20.01.2026 Date of Pronouncement 22.01.2026 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- The captioned two appeal have been filed by the Assessee against the separate order dated 10.07.2025 &15.07.2025 passed by the Ld. Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“the CIT(A) in short), under Section 250 of the Income-tax Act, 1961 (“the Act”), relating to the Assessment Year 2018-19. 2. On perusal of the records, it is observed that the assessee was afforded several opportunities of hearing on 01.05.2024, 20.05.2025, 02.06.2025 & 27.06.2025 to furnish details, clarifications, and explanations to substantiate the source of unexplained expenditure. However, despite being granted multiple opportunities, the assessee remained non- compliant and failed to furnish the requisite details or explanations before Printed from counselvise.com ITA Nos. 805-806/Srt/2025 Asst. Year : 2018-19 - 2– the Ld. CIT(A). Consequently, the Ld. CIT(A), based on the material available on record, upheld the action of the Assessing Officer and dismissed the appeal of the assessee as ex-parte. Before us, the Ld. Counsel for the assessee prayed that, given an opportunity, all necessary details, clarifications, and explanations would be furnished to the Revenue authorities. Hence, in the interest of justice, we set aside the orders to the file of the Ld.CIT(A) for de novo adjudication. The assessee shall submit all the relevant bank statement/evidence/document before the Ld.CIT(A) and comply with the notices issued by the revenue authorities without seeking any unnecessary adjournments. 3. In the result, both the appeal of the assessee are allowed for statistical purposes. The order is pronounced in the open Court on 22.01.2026. Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Surat; Dated 22.01.2026 **mv आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to : 1. अपीलाथŎ / The Appellant 2. ŮȑथŎ / The Respondent. 3. संबंिधत आयकर आयुƅ / Concerned CIT 4. आयकर आयुƅ ) अपील ( / The CIT(A)- 5. िवभागीय Ůितिनिध , आयकर अपीलीय अिधकरण , /DR,ITAT, Surat, 6. गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, TRUE COPY सहायक पंजीकार (Asstt. Registrar) आयकर अपीलीय अिधकरण ITAT, Surat ate on which the typed draft is placed before the Dictating Member …03.11.2025…………. 1. Other Member ……06.11.2025………. Printed from counselvise.com "