VIPIN DWIVEDI ,LUCKNOW V. ASSESSING OFFICER, , NFAC

ITA 241/LKW/2025

AI Insights

This case involves an appeal by Vipin Dwivedi against the order of the National Faceless Appeal Centre (NFAC), which had dismissed his appeal due to non-compliance. The original assessment for the year 2016-17 was reopened by the Assessing Officer (AO) under section 147 of the Income Tax Act, 1961, following information about a property purchase worth Rs.6,50,00,000. The AO made additions to the assessee's income under sections 69 and 68 of the Act, citing unexplained investments and credits. The assessee's subsequent appeals were dismissed due to non-compliance, leading to the current appeal before the Tribunal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 705770 (ITAT-LUCKNOW)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Assessment Year: 2016-2017
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R.K. AGARWAL
• Keywords: Opportunity of being heard; Revised return; Unexplained cash credit; Unexplained investment; Principle of natural justice
• Section: 147; 148; 143(3); 271(1)(c); 68; 69

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH “A”, LUCKNOW BEFORE SHRI. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI NIKHIL CHOUDHARY, ACCOUNTANT MEMBER ITA No.241/LKW/2025 Assessment Year: 2016-17 Vipin Dwivedi C-272, Nirala Nagar Lucknow v. The Assessing Officer NFAC TAN/PAN:AIAPD4894M (Appellant) (Respondent) Appellant by: None Respondent by: Shri R. K. Agarwal, CIT(DR) Date of hearing: 10 06 2025 Date of pronouncement: 30 06 2025 O R D E R PER SUDHANSHU SRIVASTAVA, J.M.: This appeal has been preferred by the assessee against the order dated 05.02.2025, passed by the National Faceless appeal Centre (NFAC), Delhi for Assessment Year 2016-17. 2. The brief facts of the case are that the assessee filed his return of income for the year under consideration on 02.06.2016, declaring a total income of Rs.38,20,100/-. Thereafter, the assessee revised his return of income on 21.10.2016, declaring a total income of Rs.49,32,490/-. As the Income Tax Department was in possession of information that the assessee had purchased an immovable property valued at Rs.6,50,00,000/-, ITA No.241/LKW/2025 Page 2 of 5 the Assessing Officer (AO) reopened the case of the assessee under section 147 of the Income Tax Act, 1961 (hereinafter called “the Act’) after issuing notice under section 148 of the Act to the assessee. In response to the notice under section 148 of the Act, the assessee filed his return of income on 01.11.2022, declaring the same income as declared in the revised return of income filed on 21.10.2016, i.e., Rs.49,32,490/-. The AO also issued statutory notices to the assessee requiring the assessee to furnish requisite details. In response, the assessee filed written submissions and submitted the computation of income, copy of purchase deed, loan account details of Syndicate Bank, receipt of sale of gold, Bank Statement and confirmations from unsecured loan providers. After considering the written submissions filed by the assessee and other materials placed before him, the AO completed the assessment under section 143(3) read with sections 147 and 144B of the Act, computing the income of the assessee as under: Income as per ITR dt. 02.06.2016 : Rs.38,20,100/- Income as per revised ITR dt. 21.10.2016 : Rs.49,32,490/- Income as per ITR dt. 01.11.2022 : Rs.49,32,490/- Addition u/s. 69 of the Act : Rs.3,12,23,018/- Addition u/s. 68 of the Act : Rs.22,00,000/- Total income : Rs.3,83,55,508/- ITA No.241/LKW/2025 Page 3 of 5 2.1 The AO also invoked the provisions of section 115BBE of the Act and initiated penalty proceedings under sections 271(1)(b) and 271(1)(c) of the Act, separately. 3. Aggrieved, the Assessee preferred an appeal before the ld. First Appellate Authority. However, the appeal before the Ld. First Appellate Authority/NFAC came to be dismissed for the reason of non-compliance by the assessee. 4. Now, the assessee has approached this Tribunal challenging the order of the NFAC by raising the following grounds of appeal: 1. The Ld. Commissioner of Income-tax (Appeal) has erred in law and on facts in passing the order, which is unlawful, unjustified and against the principles of natural justice. 2. The Ld. Commissioner of Income-tax (Appeals) has erred in law and on facts and made addition of Rs.31223018/- (Rs.23693700/- as unsecured loan taken from parties, Gold sale of Rs.5409946, Past saving and income of Rs.2119372/-)for purchasing of immovable property as unexplained Investment u/s 69 of the Act without giving the reasonable opportunity of being heard. 3. The Ld. Commissioner of Income-tax (Appeals) has erred in law and on facts and made addition of Rs.2200000/-, Loan given and received in same year as ITA No.241/LKW/2025 Page 4 of 5 unexplained credit u/s 68 of income tax act 1961 without giving the reasonable opportunity of being heard. 4. The Ld. Commissioner of Income-tax (Appeals) has erred in imposing interest under section 234A, B, C of the Act. 5. The appellant craves leave to add, amend, alter or withdraw any ground of appeal or raise any new ground of appeal during the pendency of appeal. 5. None was present on behalf of the assessee when the appeal was called out for hearing nor was any adjournment application received in this regard. However, looking into the facts of the case, we proceed to adjudicate the appeal ex-parte qua the assessee. 6. The Ld. CIT (D.R.) had no objection to the appeal being restored to the AO. 7. We have heard the Ld. CIT (D.R.) and have also perused the material on record. Looking into the facts of this case, we are of the considered view that the Assessee deserves one more opportunity to present his case and, therefore, we restore this file to the Office of the Assessing Officer with the direction to provide one more opportunity to the Assessee to present his case and produce the necessary evidences in support of his case. We also caution the Assessee to fully comply with the directions of the ITA No.241/LKW/2025 Page 5 of 5 Assessing Officer in the set-aside proceedings when called upon to do so, failing which, the Assessing Officer would be at complete liberty to pass the order in accordance with law, based on the material available on record even if it is ex-parte qua the assessee. 8. In the result, the appeal of the assessee stands allowed for statistical purposes. Order pronounced in the open Court on 30/06/2025. Sd/- Sd/- [NIKHIL CHOUDHARY] [SUDHANSHU SRIVASTAVA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED:30/06/2025 JJ: Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. DR By order Assistant Registrar/DDO "