PAKSH DEVELOPERS PRIVATE LIMITED,AHMEDABAD V. THE ACIT, CIRCLE-3(1)(2), AHMEDABAD

ITA 1472/AHD/2025

AI Insights

The case involves Paksh Developers Private Limited, which appealed against the order of the Commissioner of Income Tax (Appeals) concerning the Assessment Year 2016-17. The primary issue in the appeal was the non-consideration of additional evidences submitted by the assessee to substantiate their claim regarding unsecured loans from various parties. The Tribunal noted that the assessee had not established the identity, genuineness, and creditworthiness of the creditors concerning the unsecured loans, both before the Assessing Officer and the CIT(A). In the interest of natural justice, the Tribunal decided to set aside the CIT(A)'s order and remand the case back to the Assessing Officer for a fresh assessment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 779377 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 22-07-2025
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUDHAKAR VERMA
• Assessee Lawyers: S N DIVETIA
• Keywords: Set aside; Additional evidence; Corroborative evidences; Principle of natural justice

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No.1472/Ahd/2025 (Assessment Year: 2016-17) Paksh Developers Private Limited, C/o Krutesh patel and Associates, B-310, Gopal Palace, Above Hotel Mann Residency, Jhansi Ki Rani BRTS, Ahmedabad-380015. [PAN : AAECS0872 M] Vs. The Assistant Commissioner of Income Tax, Circle-3(1)(2), Ahmedabad. (Appellant) .. (Respondent) Appellant by : Shri SN Divetia, with Shri Samir Vora, AR Respondent by: Shri Sudhakar Verma, Sr. DR Date of Hearing 07.10.2025 Date of Pronouncement 14.10.2025 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- Delay Condoned The captioned appeal has been filed by the assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), /National Faceless Appeal Centre, Delhi, vide order dated 04.05.2023 relevant to the Assessment Year 2016-17. 3. On perusal of the records, it is observed that notice of hearing was duly served upon the assessee to furnish the requisite details, Printed from counselvise.com ITA No. 1472/Ahd/2025 Asst. Year : 2016-17 - 2– clarifications, and explanations in support of the claim pertaining to unsecured loans taken from various parties. In response, assessee has submitted additional evidences to substantiate its claim but the same was not considered by the Ld.CIT(A) and appeal of the assessee was consequently dismissed. Therefore, the Ld. Counsel for the assessee prayed that, given an opportunity, the assessee would produce all necessary details, clarifications, and documentary evidence before the Revenue authorities in support of her claim. We also find that the assessee failed to establish the identity, genuineness, and creditworthiness of the creditors in respect of the unsecured loans even before the Assessing Officer. In view of the above and in the interest of natural justice, we set aside the order of the Ld. CIT(A) and restore the matter to the file of the Assessing Officer for a de novo assessment, with a direction to verify the documentary evidence to be furnished by the assessee and decide the matter in accordance with law. The assessee shall submit all relevant bank statements, documents, and supporting evidence, and to cooperate fully with the Revenue authorities without seeking unnecessary adjournments. 4. In the result, the appeal of the assessee is allowed for statistical purposes. The order is pronounced in the open Court on 14.10.2025. Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) (True Copy) Ahmedabad; Dated 14.10.2025 MV Printed from counselvise.com ITA No. 1472/Ahd/2025 Asst. Year : 2016-17 - 3– 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, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, True Copy सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad Printed from counselvise.com "