NIHIR SURESHCHANDRA SHAH,SABARKANTHA V. THE ITO, WARD-1 PREVIOUSLY SK WARD-2, HIMATNAGAR

ITA 1161/AHD/2025

AI Insights

This case involves an appeal by Nihir Sureshchandra Shah against the order of the Commissioner of Income-Tax (Appeals), which pertained to the Assessment Year 2016-17. The primary issue in the appeal was the addition made under Section 68 of the Income-tax Act, 1961, concerning unexplained cash deposits amounting to Rs. 17.21 lakhs in the assessee's bank account. The assessee had not filed a return of income for the year in question, and the deposits were taxed under Section 68 by the Revenue Authorities. The Tribunal decided to remand the case to the Assessing Officer for a detailed examination of the deposits and withdrawals before any further action could be taken.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 771844 (ITAT-AHMEDABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-08-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2012-2013
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRATIK SHARMA
• Assessee Lawyers: VIPUL KHANDHAR
• Section: 68

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER ITA No.1161/Ahd/2025 (Assessment Year: 2012-13) Nihir Sureshchandra Shah, 4, Shantinath Society, Railway Station Road, Pratij, Sabarkantha, Gujarat-383001 [PAN : AJQPS 4186 G] Vs. The Income Tax Officer, Ward-1, Himatnagar Previously ITO, SK Ward- 2, Himatnagar (Appellant) .. (Respondent) Appellant by : Shri Vipul Khandhar, AR Respondent by: Shri Pratik Sharma, Sr. DR Date of Hearing 07.08.2025 Date of Pronouncement 25.08.2025 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- This appeal is filed by the Assessee against the order dated 11.03.2025 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 2016-17. 2. The only grievance raised by the assessee in the appeal is against the addition made by the authorities u/s 68 of the Act. 3. The assessee has not filed his return of income for the year under consideration. As per the information available with the Department, the assessee had cash deposits of Rs.17.21 lakhs in his bank account Printed from counselvise.com ITA No. 1161/Ahd/2025 Nihir Sureshchandra Shah Vs. ITO Asst. Year : 2012-13 - 2– maintained with HDFC Bank Ltd. account No. 4051530012945 which have been brought to tax u/s 68 of the Act by the Revenue Authorities. Before us, the assessee has given details of cash deposits and withdrawals. Since these details have not been submitted to Revenue Authorities hitherto, we remand the matter to the Assessing Officer to examine the deposits and withdrawals before extending any benefit to the cash deposits. 4. In the result, appeal of the assessee is allowed for statistical purposes. The order is pronounced in the open Court on 25.08.2025 Sd/- Sd/- (SIDDHARTHA NAUTIYAL) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT Ahmedabad; Dated 25.08.2025 आदेश की \bितिलिप अ\u000eेिषत/Copy of the Order forwarded to : 1. अपीलाथ\u0007 / The Appellant 2. \b थ\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 फाईल / Guard file. आदेशानुसार/ BY ORDER, True Copy सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad Printed from counselvise.com "