VIMALKUMAR BANSILAL THAKKAR,VADODARA V. ITO WARD 4(1)(3) VADODARA, VADODARA

ITA 2622/AHD/2025

AI Insights

The case involves two appeals filed by Vimalkumar Bansilal Thakkar against the orders passed by the CIT(A) for the assessment years 2012-13 and 2013-14, which added certain payments as unexplained investments to the assessee's income. The assessee, an NRI, claimed unawareness of the show cause notices due to his location in Dubai, leading to an ex-parte assessment. The tribunal found that the assessee had a genuine reason for non-compliance and remanded the case back to the Assessing Officer for a thorough examination of the submitted evidences and proper adjudication.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 837902 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2026
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 26-12-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SURESH CHAND MEENA
• Assessee Lawyers: RAJESH H. SODHA
• Keywords: Unexplained investment; Principle of natural justice; Competent authority
• Section: 148; 144

Judgement Text

"THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “SMC” BENCH, AHMEDABAD Before Ms. Suchitra Kamble, Judicial Member Vimalkumar Bansilal Thakkar, 302, Parshva Flats, 3rd Floor, Near Sita Baug Garba Ground, Manjalpur, Vadodara PAN: AATPT4051B (Appellant) Vs The Income Tax Officer, Ward-4(1)(3), Vadodara (Respondent) Assessee by: Shri Rajesh H. Sodha, A.R. Revenue by: Shri Suresh Chand Meena, Sr. D.R. Date of hearing : 16-02-2026 Date of pronouncement : 17-02-2026 आदेश/ORDER These two appeals are filed against the order dated 16- 10-2025 passed by ADDL/JCIT(A)-2, Jaipur for assessment year 2012-13 & 2013-14. 2. The grounds of appeals are as under:- ITA No. 2621/Ahd/2025 A.Y. 2012-13 “Payments of Rs. 6,31,000 made to M/s Angel Brokers Ltd and Payments of Rs. 4,69,176 made to M/s Vadodara Exchange Ltd were considered as unexplained investments and accordingly added to income. As the assessee is NRI and was completely unaware of show cause notices, he could not respond to notices. Ex-parte assessment was framed and hence this appeal. Submissions alongwith Form 35 was not considered by CIT(A), ITA Nos. 2621 & 2622/Ahd/2025 Assessment Year 2012-13 & 2013-14 Printed from counselvise.com I.T.A Nos. 2621 & 2622/Ahd/2025 Vimalkumar Bansilal Thakkar, A.Y. 2012-13 & 2013-14 2 which should have been considered as material available on record.” ITA No. 2622/Ahd/2025 A.Y. 2013-14 “Payments of Rs. 2,65,000 made to M/s Angel Brokers Ltd and Payments of Rs. 2,09,109 made to M/s Vadodara Exchange Ltd were considered as unexplained investments and accordingly added to income. As the assessee is NRI and was completely unaware of show cause notices, he could not respond to notices. Ex-parte assessment was framed and hence this appeal. Submissions alongwith Form 35 was not considered by CIT(A), which should have been considered as material available on record.” 3. Both the appeals are identical, therefore taking the facts of ITA No. 2621/Ahd/2025. The assessee did not file original return of income. The case was reopened after recordings the reasons for reopening and obtaining necessary prior approval of the competent authority. Notice u/s. 148 of the Income Tax Act was issued on 28-03-2019. The assessee did not file return of income in compliance to the notice u/s. 148 of the Act. Since the assessee has not replied statutory notices, the assessment proceedings was completed on 07-12-2019 u/s. 144 r.w.s.147 of the Act determining total income at Rs. 11,00,180/- assessment year 2012-13. The Assessing Officer made addition of Rs. 11,00,176/- as unexplained investment. 4. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. The ld. A.R. submitted that assessment order as well as the order of the CIT(A) are ex-parte, therefore, the matter Printed from counselvise.com I.T.A Nos. 2621 & 2622/Ahd/2025 Vimalkumar Bansilal Thakkar, A.Y. 2012-13 & 2013-14 3 may be remanded back to the file of the Assessing Officer of proper adjudication of the issues and the assessee may be allowed to file evidences before the revenue authorities. 6. The ld. D.R. relied upon the assessment order and the order of the CIT(A). 7. Heard both the parties and perused all the relevant materials on record. It is found that before the CIT(A), the assessee could not submit evidences as the assessee was in Dubai at particular period. Thus, the assessee has genuine reason for non-compliance of the notices issued by the CIT(A). From the perusal of the records, it can be seen that the assessee has not filed any evidences, therefore the assessee is directed to file the evidences before the Assessing Officer. The matter is remanded back to the file of the Assessing Officer for proper verification of the evidences and adjudicate the matter as per Income Tax Act. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice. The assessee is also directed to fully co-operate the proceedings before the Assessing Officer and if the delay is caused due to the assessee’s non-cooperation, the Assessing Officer will proceed as per Income Tax Statute. Thus, ITA No. 2621/Ahd/2025 for assessment year 2012-13 is partly allowed for statistical purpose. Printed from counselvise.com I.T.A Nos. 2621 & 2622/Ahd/2025 Vimalkumar Bansilal Thakkar, A.Y. 2012-13 & 2013-14 4 8. As relates to ITA No. 2622/Ahd/2025, the fact remains similar to that of assessment year 2012-13, thus, for assessment year 2013-14 as well, the matter is remanded back to file of the Assessing Officer with the similar directions as given hereinabove. 9. In the result, both the appeals are partly allowed for statistical purpose. Order pronounced in the open court on 17-02-2026 Sd/- (Suchitra Kamble) Judicial Member a.k. Ahmedabad : Dated 17/02/2026 आदेश क\u0006 \u0007\bत ल प अ\u000fे षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपील\u0012य अ\u0013धकरण, अहमदाबाद Printed from counselvise.com "