MAHESHBHAI NAGJIBHAI DESAI,AHMEDABAD V. THE ITO, WARD-3(2)(10), AHMEDABAD

ITA 1275/AHD/2024

AI Insights

The case involves Maheshbhai Nagjibhai Desai, the appellant, who appealed against the order of the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre, Delhi, which confirmed the addition of Rs. 28,50,000 as unexplained investment under Section 69 of the Income-tax Act, 1961. The original assessment by the Income Tax Officer (ITO) had increased the total income of the appellant significantly due to non-furnishing of documents related to property acquisition. The CIT(A) upheld the ITO's decision, leading to the current appeal. The Tribunal decided to remand the case back to the ITO for a fresh assessment, allowing the appellant to present additional documents and arguments.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 473705 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 26-11-2024
• Assessment Year: 2012-2013
• Appeal Filed On: 25-06-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEEJU GUPTA
• Assessee Lawyers: TEJ SHAH
• Keywords: Opportunity of being heard; Unexplained investment
• Section: 147; 250; 69

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT I.T.A. No. 1275/Ahd/2024 (Assessment Year: 2012-13) Maheshbhai Nagjibhai Desai, 68, Juni Rabari Vasahat, Jashoda Nagar, Ahmedabad-382445 PAN: AMZPD 3677 K Vs. Income-Tax Officer, Ward 3(2)(10), Ahmedabad (Appellant) .. (Respondent) Appellant by : Shri Tej Shah, Advocate Respondent by: Ms. Neeju Gupta, Sr DR Date of Hearing 26.11.2024 Date of Pronouncement 29.11.2024 O R D E R This appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as \"CIT(A)\" for short), dated 23.04.2024 passed under Section 250 of the Income-tax Act, 1961 [hereinafter referred to as \"the Act\" for short], for Assessment Year (AY) 2012-13. 2. The Assessee has taken following grounds of appeal:- “1. The CIT(A) erred in law and in the facts of the case in reopening the case of the appellant u/s 147 of the act. 2. The CIT(A) erred in law and in the facts of the case in confirming the order of the AO in confirming addition of Rs. 28,50,000/- being unexplained investment u/s 69 of the Act.” ITA No. 1275/Ahd/2024 Maheshbhai Nagjibhai Desai Vs. ITO Asst. Year : 2012-13 - 2– 3. In this case, the assessment order has been passed by the ITO, Ward 3(2)(10), Ahmedabad on 24.12.2019 determining total income of Rs.42,40,590/- against the returned income of Rs.1,50,820/- on account of investment involved in acquisition of property owing to non-furnishing of supported documents. . The ld. CIT(A) affirmed the order of the Assessing Officer disregarding the details filed before him on the grounds that the same were not claimed before the Assessing Officer. 4. Aggrieved with the order of the ld. CIT(A) confirming the addition made by the Assessing Officer, the assessee has filed an appeal before the Tribunal. 5. Before us, it was submitted that given an opportunity these details would be furnished before the Assessing Officer. We find that no prejudice would be caused to the Revenue if an opportunity of being heard is given to the assessee. The ld. DR fairly accepted the proposal. Hence, the matter is remanded to the Assessing Officer with directions to pass an order de novo, after considering the submissions filed by the assessee. 6. In the result, the appeal of the Assessee is allowed for statistical purposes. The order is pronounced in the open Court on 29.11.2024 Sd/- (DR. B.R.R. KUMAR) VICE-PRESIDENT Ahmedabad; Dated 29/11/2024 btk ITA No. 1275/Ahd/2024 Maheshbhai Nagjibhai Desai Vs. ITO Asst. Year : 2012-13 - 3– आदेश की \u0007ितिलिप अ\rेिषत/Copy of the Order forwarded to : 1. अपीलाथ\u0007 / The Appellant 2. \b\tथ\u0007 / The Respondent. 3. संबंिधत आयकर आयु\u0015 / Concerned CIT 4. आयकर आयु\u0015(अपील) / The CIT(A)- 5. िवभागीय \bितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड\u001f फाईल / Guard file. आदेशानुसार/ BY ORDER, True Copy उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation …28.11.2024….. 2. Date on which the typed draft is placed before the Dictating Member …28.11.2024 3. Other Member………………… 4. Date on which the approved draft comes to the Sr.P.S./P.S ……28.11.2024………. 5. Date on which the fair order is placed before the Dictating Member for pronouncement …29.11.24.. 6. Date on which the fair order comes back to the Sr.P.S./P.S …29.11.2024………………. 7. Date on which the file goes to the Bench Clerk ……29.11.2024….…. 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 Dispatch of the Order…………………………………… "