SHAILESH NARSINHBHAI SATHWARA,AHMEDABAD V. THE ITO, WARD-3(2)(10), AHMEDABAD

ITA 241/AHD/2026

AI Insights

This case involves an appeal by Shailesh Narsinhbhai Sathwara against the order of the Commissioner of Income Tax (Appeals) at the National Faceless Appeal Centre, Delhi, concerning the Assessment Year 2012-13. The appellant contested several issues including the adequacy of opportunities provided for hearing, the reopening of assessment under section 147, and confirmations of additions as Long Term Capital Gain under section 45 and section 50C of the Income Tax Act, 1961. The tribunal noted the appellant's non-compliance in previous hearings and decided to remand the case for a de novo assessment, emphasizing the need for the appellant to provide necessary documentation and comply with procedural requirements.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 847916 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Ahmedabad
• Assessment Year: 2012-2013
• Appeal Filed On: 29-01-2026
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARVIND KUMBHARE
• Assessee Lawyers: BANDISH SOPARKAR
• Keywords: Corroborative evidences; Sale consideration of property below Jantri Value; Reopening of assessment; Non compliance
• Section: 147; 50C

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT ITA No.241/Ahd/2026 (Assessment Year: 2012-13) Shailesh Narsinhbhai Sathwara 70, Ranna Park Society, Opp. Centre ware House, Isanpur Vatva Road, Isanpur, Ahmedabad - 382443 [PAN : CIJPS9386J] Vs. Income Tax Officer Ward 3(2)(10), Ahmedabad. (Appellant) .. (Respondent) Appellant by : Shri Bandish Soparkar, A.R. Respondent by: Shri Arvind Kumbhare, Sr. DR Date of Hearing 19.03.2026 Date of Pronouncement 24.03.2026 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- Delay Condoned This appeal is filed by the Assessee against the appellate order dated 14.05.2024 passed by the Commissioner of Income Tax (Appeals) National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2012-13. 2. The assessee has raised the following grounds of appeal: 1. The Learned CIT (A) at National Faceless Appeal Centre (NFAC) has erred in law and in facts in passing the order u/s 250 of the Income Tax Act. 1961 (hereinafter referred to as \"the Act\".) without providing adequate opportunities to the Appellant. Printed from counselvise.com ITA No. 241/Ahd/2026 Asst. Year : 2012-13 - 2– 2. The Learned CIT (A) at National Faceless Appeal Centre (NFAC) has erred in law and in facts in upholding the reopening of assessment u/s 147 of the Act. 3. The Learned CIT (A) at National Faceless Appeal Centre (NFAC) has erred in law and in facts in confirming the addition of Rs. 8,50,000/- as Long Term Capital Gain u/s 45 of the Act. 4. The Learned CIT (A) at National Faceless Appeal Centre (NFAC) has erred in law and in facts in confirming the addition of Rs. 19,88,868/- u/s 50C of the Act. 5. The appellant further reserves its right to add, alter, amend or modify any of the aforesaid grounds before or at the time of hearing of an appeal. 3. On perusal of the records, it is observed that the Assessee was afforded opportunities of hearing on 28.01.2021, 14.11.2022, 1405.2023, 30.06.2023 & 01.05.2024 to furnish details, clarifications, and explanations in support of its grounds of appeal. However, assessee remained non compliant and failed to furnish substantial 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 ex parte. We find that the assessee failed to submit substantial supporting evidences even before the Assessing Officer. During the course of hearing before us, the Ld. Counsel for the assessee prayed that, given an opportunity, due compliance will be made and would furnish all the necessary details, clarifications and explanations before the revenue authorities. Considering the totality of the facts and in the interest of justice, we deem it appropriate to remand the matter to the file of the Assessing Officer for conducting the assessment de novo. The assessee is directed to furnish all relevant documents, evidences, and bank details Printed from counselvise.com ITA No. 241/Ahd/2026 Asst. Year : 2012-13 - 3– before the Revenue authorities and to comply with the notices issued by the Assessing Officer 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 24.03.2026. Sd/- Sd/- Sd/- Sd/- (TR SENTHIL KUMAR) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Ahmedabad; Dated 24.03.2026 MV 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 "