SURYAM DEVELOPERS,SURAT V. ITO, NFAC, DELHI ; CURRENT JURISDICTION ITO, WARD 2 (3)(4), SURAT, SURAT

ITA 235/SRT/2025

AI Insights

The case involves Suryam Developers, the appellant, contesting an order from the Commissioner of Income-Tax (Appeals), which confirmed the addition of Rs.1,93,43,100 as partner capital introduced by a partner firm. The appellant provided a bank statement during the tribunal proceedings to evidence the source of the capital, which was allegedly not considered by the revenue authorities. The tribunal decided to restore the matter to the Jurisdictional Assessing Officer for verification of the bank deposits and further proceedings.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 831727 (ITAT-SURAT)
• Duration Of Justice: 10 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 25-02-2025
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MUKESH JAIN
• Assessee Lawyers: RASESH SHAH

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT Ms SUCHITRA KAMBLE, JUDICIAL MEMBER ITA No.235/Srt/2025 (Assessment Year: 2018-19) Suryam Developers, Block No.110/B/1 Palnpor, Bhesan Taluka, Choryasi Surat-395009. [PAN : ADMFS1272R] Vs. NAFC, Current Jurisdiction, ITO, Ward 2(3)(4), Surat. (Appellant) .. (Respondent) Appellant by : Shri Rasesh Shah, AR Respondent by: Shri Mukesh Jain, Sr. DR Date of Hearing 21.01.2026 Date of Pronouncement 23.01.2026 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- This appeal has been filed by the Assessee against the order dated 23.12.2024 passed by the Ld. Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“the CIT(A) in short), under Section 250 of the Income-tax Act, 1961 (“the Act”), relating to the Assessment Year 2018-19. 2. The Ld. CIT(A) confirmed the addition of Rs.1,93,43,100/- on account of amount introduced by the partner firm as partner capital. Before us, the Ld. Counsel submitted the bank statement evidencing the source of capital introduced by the partner and contended that although these details were filed before the Revenue authorities, the same were not duly considered. We have carefully examined the details furnished by the assessee and perused the bank statement placed on record. We find that the sources of capital are duly reflected therein. Accordingly, the matter is restored to the file of the Jurisdictional Assessing Officer for the limited purpose of verification of the deposits reflected Printed from counselvise.com ITA No. 235/Srt/2025 Asst. Year : 2018-19 - 2– in the bank statement and to pass an order in accordance with law after due consideration. 3. In the result, the appeal of the assessee is allowed for statistical purposes. The order is pronounced in the open Court on 23.01.2026. Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Surat; Dated 23.01.2026 **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 , /DR,ITAT, Surat, 6. गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, TRUE COPY सहायक पंजीकार (Asstt. Registrar) आयकर अपीलीय अिधकरण ITAT, Surat 1. Date of dictation …words processed by Hon’ble VP on his PC on 17.10.2025……………. 2. Date on which the typed draft is Printed from counselvise.com "