SHREENATH CORPORATION,AHMEDABAD V. THE INCOME TAX OFFICER, WARD-2(1)(2), AHMEDABAD

ITA 1209/AHD/2024

AI Insights

The case involves Shreenath Corporation appealing against the order of the Ld. Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, which upheld the validity of the order passed by the Ld. Assessing Officer (AO). The primary contention was the absence of a notice under section 143(2) of the Income Tax Act, and the legality of the order under section 144, which was challenged for not considering the filed return of income and responses to notices under section 142(1). The additions made by the AO, including a significant cash deposit, were also contested. The Income Tax Appellate Tribunal (ITAT) noted the repeated adjournments and lack of substantial documents from the assessee, leading to the decision to remand the case for a fresh assessment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 474038 (ITAT-AHMEDABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2017-2018
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B.P SRIVASTAVA
• Section: 144; 142(1); 143(2); 69A

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, AHMEDABAD BEFORE DR.BRR KUMAR, VICE PRESIDENT & Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No.1209/Ahd/2024 (Assessment Year: 2017-18) Shreenath Corporation, C/O. M/s. Chhajed & Co. C.A, “Kamal Shanti” Nr. Sardar Patel Statue, Ahmedabad-380014. Vs. The Income Tax Officer, Ward-2(1)(2), Ahmedabad. [PAN No.ACFFS4232D] Appellant by : None Respondent by: Shri B.P Srivastava, Sr. DR Date of Hearing 10.03.2025 Date of Pronouncement 12.03.2025 O R D E R PER: DR. BRR KUMAR, VICE PRESIDENT: The captioned appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax (Appeal)/National Faceless Appeal Centre (NFAC), Delhi Ahmedabad, vide order dated 23.08.2024 for Assessment Year 2017-18. 2. The Assessee has taken the following grounds of appeal:- (अपीलाथᱮ /Appellant ( ᮧ᭜यथᱮ /Respondent) ITA No.1209/Ahd/2024 Asst.Year –2017-18 - 2– 1. The order passed by the Ld. CIT (A) is against law, equity & justice. 2. The Ld. CIT (A) has erred in law and on facts in upholding the validity of order passed by the L.d. AO though it is void & illegal as no notice u/s. 143(2) of the act was issued. 3. The Ld. CIT (A) has erred in law and on facts in upholding validity o1 of order passed by the Ld. AO U/S 144 of the Act as it is bad and illegal by not considering the filed return of income and response to notice U7S 142(1) of the Act provided by appellant. 4. The Ld. C(T(A) has erred in law and on facts in upholding addition made by the Ld. A.O. of Rs. 85,68,500/- as cash deposited. 5. The Ld.CIT(A) has erred in law and on facts in upholding addition made by the Ld. A.O. of Rs..3,00, 17,200/- u/s. 69A of the Act. 6. The appellant Craves liberty to add, amend, alter or modify all or any grounds of appeal before final appeal. 3. On going through the record, we find that Ld. CIT(A) has awarded five opportunities of hearing to the assessee. In pursuance to the same, the assessee failed to submit any substantial documents and repeatedly sought adjournments. Hence, the Ld.CIT(A) dismissed the appeal of the assessee. Since the primary adjudication of ground of appeal has not been taken by Ld. CIT(A), in the interest of justice, the matter is remanded back to the Ld.CIT(A) for conducting assessment de-novo. The assessee shall submit all the submission/documents and comply with the notices issued by the authorities without seeking any unnecessary adjournments. ITA No.1209/Ahd/2024 Asst.Year –2017-18 - 3– 4. In the result, the appeal of the assessee is allowed for statistical purposes. This Order pronounced in Open Court on 12.03.2025. Sd/- Sd/- (SUCHITRA KAMBLE) (DR. BRR KUMAR) JUDICIAL MEMBER VICE PRESIDENT (True Copy) Ahmedabad; Dated 12.03.2025 Manish, Sr. PS TRUE COPY 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 "