ROHITBHAI KANTILAL CHOKSHI,VADODARA V. THE INCOME TAX OFFICER, WARD-3(1)(4), VADODARA

ITA 1344/AHD/2024

AI Insights

The case involves Rohitbhai Kantilal Chokshi, the appellant, contesting decisions made by the Income Tax Officer, Ward-3(1)(4), Vadodara, regarding the Assessment Year 2012-13. The appeals were against the orders of the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, which included issues such as the non-discussion of grounds on merits, non-condonation of delay in filing, confirmation of re-assessment proceedings, and confirmation of additions to income regarding bank deposits and credit card payments. The Tribunal found that the assessee had not complied with procedural requirements, leading to the remand of the case for a fresh assessment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 473685 (ITAT-AHMEDABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MAMTA SINGH
• Assessee Lawyers: HASTI VYAS
• Keywords: Business income

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE DR.BRR KUMAR, VICE PRESIDENT I.T.A. Nos.1344-1345/Ahd/2024 (Assessment Year 2012-13) Rohitbhai Kantilal Chokshi, 3rd Floor, Old Post Office Building, Opp. quick dry cleaner laundry, Jambu Bet, Dandia Bazar, Vadodara-390001. Vs. The Income Tax Officer, Ward-3(1)(4), Vadodara. [PAN No. AECPC1761J] (Appellant) .. (Respondent) Appellant by : Ms. Hasti Vyas, AR Respondent by: Smt. Mamta Singh, Sr. DR Date of Hearing 26.02.2025 Date of Pronouncement 28.02.2025 O R D E R These captioned appeals have been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax (Appeal)/National Faceless Appeal Centre, Delhi vide order dated 24.05.2024 for the Assessment Year 2012-13, involving quantum appeal and levy of penalty. ITA No.1344/Ahd/2024 for AY 2012-13 2. The Assessee has taken the following grounds of appeal:- 1. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in passing order without discussing grounds on merits. ITA Nos. 1344-1345/Ahd/2024 Asst.Year 2012-13 - 2– 2. On the facts and circumstances of the case as well as law on the subject, the learned CIT(Appeals) has erred in not condoning the delay in filing of appeal. 3. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming initiation of re- assessment proceedings. 4. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming the addition of Rs.11,66,683/- on account of credit entries and cash deposited in bank account without considering that the same was out of business income and earlier cash withdrawals. 5. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming the addition of Rs. 1,30,857/- on account of payment made to ING Vysa credit card. 6. Without prejudice, on the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming the addition of entire Rs. 11,66,683/- on account of credit entries and cash deposited in bank account without considering that only profit element can be taxed. 7. It is therefore prayed that the above addition/disallowance made by the assessing officer may please be deleted. 3. On going through the record, I find that notices of hearing were issued on several occasions, but the assessee failed to comply with the notices and also there was a delay in filing the appeal before the Ld.CIT(A). Hence, the Ld.CIT(A) dismissed the appeal of the assessee. The Ld. Counsel for the assessee prayed that, given an opportunity, all the details/clarification/explanation would be provided to the revenue authorities. I find that assessee has not even complied before the Assessing Officer, hence in the interest of justice the matter is remanded to the Assessing Officer for conducting assessment de-novo The assessee shall comply ITA Nos. 1344-1345/Ahd/2024 Asst.Year 2012-13 - 3– with the notices issued by the Assessing Officer and should not seek unnecessary adjournments. ITA No.1345/Ahd/2024 for AY 2012-13 4. Since the quantum appeal stands set-aside to the Assessing Officer for framing assessment de-novo, the penalty levied u/s.271(1)(c) of the Act is hereby deleted. The Assessing Officer is at liberty to initiate the penalty based on the outcome of the assessment order passed in consequences to this order. The assessee shall comply to all the notices issued by the Assessing Officer from time to time failing which, the AO shall initiate penalty proceedings as per the provisions of the Act. 5. In the combined result, the appeal of the assessee in ITA No.1344/Ahd/2024 is allowed for statistical purpose whereas the penalty of the assessee in ITA No.1345/Ahd/2024 for AY 2012-13 is dismissed as infructuous. This Order pronounced in Open Court on 28.02.2025 Sd/- (DR. BRR KUMAR) VICE PRESIDENT (True Copy) Ahmedabad; Dated 28.02.2025 Manish, Sr. PS COPY ITA Nos. 1344-1345/Ahd/2024 Asst.Year 2012-13 - 4– आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant 2. ᮧ᭜यथᱮ / The Respondent. 3. संबंिधत आयकर आयुᲦ / Concerned CIT 4. आयकर आयुᲦ(अपील) / The CIT(A)- 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाडᭅ फाईल / Guard file. आदेशानुसार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad "