VANDANA DIPAKBHAI PARMAR,VADODARA V. THE ACIT, CIRCLE INTL. TAXN., VADODARA

ITA 1712/AHD/2024

AI Insights

This case involves an appeal by Vandana Dipakbhai Parmar against the order of the Commissioner of Income-tax (Appeals), Ahmedabad-13, which confirmed the additions made by the Assessing Officer under Section 69 of the Income-tax Act, 1961. The additions pertained to unexplained investments in immovable property and shares totaling Rs.18,19,630 for the Assessment Year 2018-19. The assessee had not filed her return of income, and the subsequent assessment order determined her total income by adding these unexplained investments. The Tribunal found that the CIT(A) had affirmed the addition due to the absence of any evidence provided by the assessee and allowed the appeal for statistical purposes, instructing further examination of the investments.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 473829 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-12-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 03-12-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 26-09-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained investment
• Section: 147; 250

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT MS. SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No. 1712/Ahd/2024 (Assessment Year: 2018-19) Vandana Dipakbhai Parmar, D-27, Vrajvihar Duplex, Infront Gujarat Tractor, Near Vishwamitri Road, Vadodara-390011 [PAN : ASDPP 2310 B] Vs. Assistant Commissioner of Income-tax, Vadodara (Appellant) .. (Respondent) Date of Hearing 03.12.2024 Date of Pronouncement 06.12.2024 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- This appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income-tax (Appeals), Ahmedabad-13 (hereinafter referred to as \"CIT(A)\" for short), dated 30.07.2024 passed under Section 250 of the Income-tax Act, 1961 [hereinafter referred to as \"the Act\" for short], for Assessment Year (AY) 2018-19. 2. The Assessee has taken following grounds of appeal:- “1. Addition of Rs.18,19,630/- made u/s 69 of the Act: 1.01 On the facts and circumstances of your appellant’s case and in law, the ld. AO erred in making additions made to the total income of your appellant without appreciating the fact that source of investment in ITA No. 1712/Ahd/2024 Vandana Dipakbhai Parmar Vs. ACIT Asst. Year : 2018-19 - 2– land and shares is very well explainable along with relevant documents and as such can’t be considered as unexplained investments. 1.02 Your appellant prays your Honour to hold so now and direct the ld. AO to delete additions made.” 3. In this case, the assessee has not filed her return of income for the year under consideration. The assessment order has been passed by the ACIT, Circle Int. Tax, Vadodara on 22.07.2023 under Section 147 r.w.s. 144C(3) of the Act, determining total income of the assessee at Rs.18,19,630/-, making additions on account of (i) unexplained investment in immovable property amounting to Rs.13,17,955/- and (ii) unexplained investment in shares amounting to Rs.5,01,672/. 4. Aggrieved, the assessee filed appeal before the ld. CIT(A) who confirmed the order of the Assessing Officer as the assessee could not produce the proof of source of investment in land and shares before him. 5. Aggrieved with the order of the ld. CIT(A) confirming the addition made by the Assessing Officer, the assessee has filed an appeal before the Tribunal. 6. We have gone through the records before us and find that the ld. CIT(A) has affirmed the addition owing to absence of any evidences filed before him. The issue involves examination of investment in properties and shares which can be examined by the AO after issue of a valid notice to the assessee to file the details. The assessing authorities shall invoke the powers vested in them in case of non-compliance of notices issued by them. ITA No. 1712/Ahd/2024 Vandana Dipakbhai Parmar Vs. ACIT Asst. Year : 2018-19 - 3– The assessee shall furnish all the evidences before the AO without seeking unnecessary adjournments. 7. In the result, the appeal of the assessee is allowed for statistical purposes. The order is pronounced in the open Court on 06.12.2024 Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT Ahmedabad; Dated 06/12/2024 btk आदेश की \u0007ितिलिप अ\rेिषत/Copy of the Order forwarded to : 1. अपीलाथ\u0007 / The Appellant 2. \b\tथ\u0007 / The Respondent. 3. संबंिधत आयकर आयु\u0015 / Concerned CIT 4. आयकर आयु\u0015(अपील) / The CIT(A)- 5. िवभागीय \bितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड\u001f फाईल / Guard file. आदेशानुसार/ BY ORDER, True Copy उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation …05.12.2024….. 2. Date on which the typed draft is placed before the Dictating Member …05 12.2024 3. Other Member… 05.12.2024……………… 4. Date on which the approved draft comes to the Sr.P.S./P.S … 05.12.2024…………. 5. Date on which the fair order is placed before the Dictating Member for pronouncement 06.12.2024. 6. Date on which the fair order comes back to the Sr.P.S./P.S …06.12.2024……………. 7. Date on which the file goes to the Bench Clerk 06.12.2024……….…. 8. Date on which the file goes to the Head Clerk…………………………………... 9. The date on which the file goes to the Assistant Registrar for signature on the order 10. Date of Dispatch of the Order…………………………………… "