THE GHODIYAL DUDH UTPADAKSAHKARI MANDLI LIMITED,BANASKANTHA V. THE ITO, WARD-1 (PREVIOUSLY ACIT, GANDHINAGAR), PALANPUR

ITA 1310/AHD/2025

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The case involves The Ghodiyal Dudh Utpadaksahkari Mandli Ltd., the appellant, contesting an order from the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, which confirmed the Assessing Officer's decision to reopen the assessment under section 147 of the Income Tax Act and make an addition of Rs. 1,27,98,179 under section 69A of the Act for the Assessment Year 2015-16. The primary contention was the source of cash deposits, which the assessee failed to substantiate at both the assessment and appellate stages. The Tribunal, considering the circumstances and the request for an opportunity to present the necessary details, decided to remand the matter back to the Assessing Officer for a fresh assessment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 779316 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 11-06-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: UDAY KISHANRAO KAKEN
• Assessee Lawyers: TEJ SHAH
• Keywords: Corroborative evidences
• Section: 147

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No.1310/Ahd/2025 (Assessment Year: 2015-16) The Ghodiyal Dudh Utpadaksahkari Mandli Ltd., At & PO, Ghodiyal, Vadgam, Banaskantha, Gujarat-385001 [PAN : AAABT0090M] Vs. Income Tax Officer, Ward-1, Palanpur (Previously ACIT, Gandhinagar) (Appellant) .. (Respondent) Appellant by : Shri Tej Shah, AR Respondent by: Shri Uday Kishanrao Kaken, Sr. DR Date of Hearing 08.10.2025 Date of Pronouncement 13.10.2025 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 29.06.2024 relevant to the Assessment Year 2015-16. 2. The assessee has raised the following grounds of appeal: 1. That the Ld. CIT(A) erred in law and in the facts of the case in confirming the order of the AO in reopening assessment u/s 147 of the act. 2. That the Ld. CIT(A) erred in law and in the facts of the case in confirming the order of the AO in making addition of Rs. 1,27,98,179/- u/s 69A of the act. Printed from counselvise.com ITA No. 1310/Ahd/2025 Asst. Year : 2015-16 - 2– 3. On going through the record, we find that notices under section 250 of the Act were issued on 09.04.2024, 23.04.2024, and 28.05.2024 requesting the assessee to furnish requisite details/clarifications/explanations regarding the source of cash deposits. In pursuance thereof, the assessee failed to submit any submissions/documents. Accordingly, the Ld. CIT(A) confirmed the action of the Assessing Officer, and the appeal of the assessee was dismissed. We also find that the assessee even failed to submit any details/supporting evidence to prove the source of the cash deposits even before the Assessing Officer. The Ld. Counsel for the assessee prayed that, given an opportunity, all the details/clarifications/explanations would be furnished before the revenue authorities. Hence, in the interest of justice, the matter is remanded to the Assessing Officer for conducting the assessment de novo. The assessee is directed to submit all relevant bank statements/submissions/documents before the Assessing Officer and comply with the notices issued by the revenue authorities without seeking any unnecessary adjournments. 4. In the result, the appeal filed by the assessee is allowed for statistical purposes. The order is pronounced in the open Court on 13.10.2025. Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Ahmedabad; Dated 13.10.2025 MV Printed from counselvise.com ITA No. 1310/Ahd/2025 Asst. Year : 2015-16 - 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 "