NITENDRA SINGH RATHORE HUF ,SAGAR V. ITO-1, SAGAR

ITA 157/JAB/2024

AI Insights

The case involves Nitendra Singh Rathore HUF, the appellant, who contested an addition of Rs.3,00,000 to his income for the assessment year 2012-13. The addition was made by the Assessing Officer under section 69 of the Income Tax Act, 1961, claiming that the shares purchased from M/s. Conart Traders Ltd were part of a bogus accommodation entry. The appellant's appeal to the CIT(A) was dismissed, leading to the current appeal before the Income Tax Appellate Tribunal. The Tribunal, after reviewing the materials and hearing the Departmental Representative, upheld the CIT(A)'s decision and dismissed the appeal.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 837694 (ITAT-JABALPUR)
• Duration Of Justice: 1 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2026
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 05-10-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: REVENUE WAS HEARD; N. M. PRASAD
• Keywords: Bogus

Judgement Text

"I.T.A. No.157/JAB/2024 Assessment Year:2012-13 1 IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH “SMC”, JABALPUR BEFORE SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER I.T.A. No.157/JAB/2024 Assessment Year:2012-13 Nitendra Singh Rathore HUF Bugalow No.1, Sadar Bazar, Jhansi Road, Sagar, Madhya Pradesh-470002. PAN:AAFHN0477H Vs. Income Tax Officer-1 Sagar, Madhya Pradesh-470002. (Appellant) (Respondent) O R D E R (A) This appeal vide I.T.A. No.157/JAB/2024 has been filed by the assessee for assessment year 2012-13 against impugned appellate order dated 09.08.2024 (DIN & Order No.ITBA/APL/S/250/2024- 25/1067476749(1) of Ld. Addl/JCIT Commissioner of Income Tax (Appeals)- 2, Gurugram, the Ld. First Appellate Authority. Grounds of appeal are as under: “1. That on the facts and circumstances of the case Ld. AO has erred in making and Ld. Addl/JCIT(A) in an ex-parte manner in confirming the addition of Rs.3,00,000/- u/s 69 of Income Tax Act, 1961 by alleging that purchase of shares of M/s. Conart Traders Ltd by appellant is a bogus accommodation entry. 2. That the impugned ex-parte order so passed is illegal and wrong. 3. That the assessee craves leave to add, amend, alter or delete any of the grounds of appeal and all the grounds are without prejudice to each other.” Appellant by None Respondent by Shri N. M. Prasad, Sr. DR-1 Printed from counselvise.com I.T.A. No.157/JAB/2024 Assessment Year:2012-13 2 (B) The facts of the case, in brief, are that the assessee is a HUF. The assessee filed its return of income on 17.10.2012 for A.Y. 2012-13, declaring total income of Rs.4,67,970/-. The Assessing Officer completed the assessment u/s 148/143(3) of Income Tax Act, 1961 (“Act”, for short) vide assessment order dated 26.07.2017 at a total income assessed at Rs.7,67,970/- as against returned income of Rs.4,67,970/-. Aggrieved, the assessee went in appeal before the learned CIT(A). The learned CIT(A) dismissed the assessee’s appeal observing as under: Printed from counselvise.com I.T.A. No.157/JAB/2024 Assessment Year:2012-13 3 (C) During the course of hearing, none was present on behalf of the assessee. In the absence of any representation from the side of the assessee, learned Departmental Representative for Revenue was heard, who relied on the orders of the authorities below. On careful perusal of the impugned order of the learned CIT(A), and other materials on record, no infirmity is found in it. No material has been presented from either side to justify any interference with or modification of the impugned order of learned CIT(A). Therefore, the impugned order of learned CIT(A) is upheld and the appeal is dismissed. (D) In the result, the appeal of the assessee is dismissed. (Order pronounced in the open court on 19/02/2026) Sd/. (ANADEE NATH MISSHRA) Accountant Member Dated:19/02/2026 Vijay Pal Singh, (Sr. PS) Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. D.R., I.T.A.T., 5. CIT(A) Printed from counselvise.com "