MS TAPULAL AMARSINH THAKKAR AND CO.,VALSAD V. ITO, WARD 4, VALSAD, VALSAD

ITA 407/SRT/2025

AI Insights

The case involves M/s Tapulal Amarsinh Thakkar And Company appealing against the order of the Ld. Commissioner of Income-Tax (Appeals), which confirmed the addition of Rs.1,01,60,000 under Section 69A of the Income-tax Act, 1961, pertaining to unexplained cash withdrawals. The Tribunal noted that the assessee had multiple opportunities to present necessary details and explanations but failed to do so at the earlier stages. In the interest of justice, the Tribunal decided to set aside the previous order and remand the case back to the Assessing Officer for a fresh examination, allowing the assessee another opportunity to substantiate their claims.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 830821 (ITAT-SURAT)
• Duration Of Justice: 9 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 04-04-2025
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT MS. SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No. 407/SRT/2025 (Assessment Year: 2018-19) M/s Tapulal Amarsinh Thakkar And Company, Tapulal Amarsinh Thakkar, Tiskari, Dharampur, Valsad, Gujarat-396050 [PAN : AALFM 4584 C] Vs. Income Tax Officer, Ward 4, Valsad (Appellant) .. (Respondent) Appellant represented by : Shri Suresh K. Kabra, CA Respondent represented by: Shri Ajay Uke, Sr. DR Date of Hearing 23.01.2026 Date of Pronouncement 23.01.2026 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- This appeal has been filed by the assessee against the order dated 26.01.2025 passed by the Ld. Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as the “Ld. CIT(A)”), under Section 250 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) for Assessment Year 2018-19. 2. The assessee has raised following grounds :- “The Ld. CIT, NFAC has erred and was not just and proper on the facts of the case and in law in confirming the addition of Rs.1,01,60,000/- u/s 69A of the Income-tax Act, being withdrawals from Bank. 3. On perusal of the records, it is observed that the assessee was afforded five opportunities of hearing to furnish details, clarifications, and explanations with regard to the impugned cash withdrawals. However, despite being granted Printed from counselvise.com ITA No. 407/SRT/2025 M/s Tapulal Amarsinh Thakkar and Co. Vs. ITO Asst. Year : 2018-19 - 2– multiple opportunities, the assessee failed to furnish the requisite details or explanations before 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. We also find that the assessee remained non- compliant before the Assessing Officer and failed to furnish any documentary evidence in support of the impugned cash withdrawals. 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 order of the Ld. CIT(A) and restore the matter to the file of the Assessing Officer for de novo adjudication. The assessee shall submit all the relevant bank statement/submission/document before the Assessing Officer and comply with the notices issued by the revenue authorities without seeking any unnecessary adjournments. 4. In the result, the appeal of the assessee is allowed for statistical purposes. This order is pronounced in the open Court on 23.01.2026 Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT Surat; Dated 23/01/2026 btk 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 , अिधकरण अपीलीय आयकर , /DR,ITAT, Surat, 6. गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, TRUE COPY सहायक पंजीकार (Asstt. Registrar) आयकर अपीलीय अिधकरण ITAT, Surat Printed from counselvise.com "