MIRSABMIYA DIVANMIYA SAIYAD,MEHSANA V. THE ITO, WARD-5, MEHSANA

ITA 23/AHD/2025

AI Insights

The case involves Mirsabmiya Divanmiya Saiyad, who appealed against the order of the National Faceless Appeal Centre (NFAC), Delhi, which confirmed the addition of Rs. 29,77,105 to his income for the Assessment Year 2015-16. This addition was based on the perceived difference between the purchase amount stated in the sale deed and the market value of a property purchased jointly with others. The Assessing Officer had initially made an ex-parte order, assessing the property at a higher market value and adding the difference to the assessee's income. The Tribunal found that the assessee was not given a proper opportunity to present his case and thus set aside the CIT(A)'s order, remanding the case back to the Assessing Officer for a fresh assessment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 470078 (ITAT-AHMEDABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHOK KUMAR SUTHAR
• Assessee Lawyers: ANIL KSHTRIYA
• Section: 144

Judgement Text

"THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “SMC” BENCH Before Shri Sanjay Garg, Judicial Member Mirsabmiya Divanmiya Saiyad, At Nandasan, PO Nandasan, Tal. Kadi, Dist. Mehsana-382715 PAN: DJDPS0942G (Appellant) Vs The Income Tax Officer, Ward-5, Mehsana (Respondent) Assessee by: Shri Anil Kshtriya, A.R. Revenue by: Shri Ashok Kumar Suthar, Sr. D.R. Date of hearing : 06-03-2025 Date of pronouncement : 20-03-2025 आदेश/ORDER The present appeal has been filed by the Assessee against the order passed by the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “CIT(A)’] dated 07.11.2024 arising out of the assessment order passed u/s.147 r.w.s 144 of the Income Tax Act, 1961 (here-in-after referred to as “the Act”) relevant to the Assessment Year 2015-16. ITA No. 23/Ahd/2025 Assessment Year 2015-16 I.T.A No. 23/Ahd/2025 Mirsabmiya Divanmiya Saiyad, A.Y. 2015-16 2 2. The assessee in this appeal is aggrieved by the action of the lower authorities in making/confirming the addition of Rs. 29,77,105/-. 3. The brief facts of the case are that the assessee along with the four other persons purchased a property in joint name for a total consideration of Rs. 50 lakhs. The assessee was having 1/5 share in the property and contributed Rs. 10 lakhs. The Assessing Officer observed that the market value of the property was of Rs. 1,48,85,524/-. He took the value of the property @ 1,48,85,524/- and calculated the share of the assessee at Rs. 29,77,105/- instead of Rs. 10 lakhs as mentioned in the sale deed. He show caused the assessee to produce the source of the purchase amount. However, the assessee did not furnish any details. The Assessing Officer, thereafter, passed ex-parte order/best judgment assessment order and made the addition of the purchase value of the property of the assessee to the extent of the share of the assessee in the said property taking value of the property and made the impugned addition to Rs. 29,77,105/-. The ld. CIT(A) confirmed the addition so made by the Assessing Officer. 4. The ld. counsel for the assessee has submitted that the assessee has not paid any amount more than that was mentioned in the sale deed. He has further submitted that I.T.A No. 23/Ahd/2025 Mirsabmiya Divanmiya Saiyad, A.Y. 2015-16 3 assessee should be given an opportunity to present his case before the Assessing Officer. 5. After considering the rival submissions, I am of the view that interests of justice will be taken care of, if an opportunity is given to the assessee to present his case before the Assessing Officer. The impugned order of the ld. CIT(A) is set aside and the matter is restored to the file of Assessing Officer with a direction to decide the matter afresh after giving due opportunity of hearing to the assessee. 6. In the result, the appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the open court on 20-03-2025 Sd/- (Sanjay Garg) Judicial Member Ahmedabad : Dated 20/03/2025 आदेश क\u0006 \u0007\bत ल\fप अ\u000fे\fषत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, I.T.A No. 23/Ahd/2025 Mirsabmiya Divanmiya Saiyad, A.Y. 2015-16 4 उप/सहायक पंजीकार आयकर अपील\u0012य अ\u0013धकरण, अहमदाबाद "