VIJAY GIRJASHANKAR TRIVEDI,MUMBAI vs. ITO WARD-3(4), KALYAN
What did the Tribunal hold?
The Tribunal found that the CIT(A)'s order did not provide details of hearing notices served to the assessee. Therefore, to ensure justice and decide on merits, the case was restored to the CIT(A) for a fresh decision after providing an opportunity of hearing.
What were the facts?
The assessee's income was reopened based on information that purchases were made from parties providing accommodation entries. The Assessing Officer disallowed 100% of these purchases, and the CIT(A) partly allowed the appeal by restricting the disallowance to 20%.
What were the issues?
Whether the CIT(A) erred by dismissing the appeal without granting sufficient opportunity of hearing and whether the disallowance of purchases was justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
आदेश / O R D E R Per Amarjit Singh (AM): This appeal filed by the assesse is directed against the order passed by the NFAC dated 30.05.2023 for A.Y. 2009-10. The assessee has raised the following grounds before us:
“1. The Ld. CIT(A) has erred in law and in facts in passing the order and dismissing the appeal without granting sufficient opportunity of hearing to the appellant. 2. The Ld. CIT(A) has erred in law and in facts in confirming the addition made by Ld. A.O. of Rs.23,82,756/- being 100% of alleged to be bogus. 3. The Ld. CIT(A) has erred in law and in facts in confirming the addition upto 20% made by Ld. A.O. of Rs.41 500/- as indirect expenses claimed by appellant.
P a g e | Vijay Girjashankar Trivedi Vs. ITO Ward 3(4) 4. The appellant craves leave to add to, amend, alter or delete all or any of the foregoing grounds of appeal.”
Fact in brief is that the return of income declaring total income of Rs.123,720/- was filed on 29.09.2009. The case of the assessee was reopened u/s 147 of the Act by issuing of notice u/s 148 on 30.03.2016 on the basis of information received from Sale Tax Department that assessee has obtained accommodation entries of purchases made from the following parties: Hawala Tin Hawala Name F.Y. Amount (Rs.) 27020229342V Universal 2008-09 8,05,804/- Enterprise 27110574467V Apex Steel 2008-09 3,90,936/- 27230613104V Arihant Traders 2008-09 4,00,624/- 27940631968v Varah Laxmi Sales 2008-09 7,85,392/- Agency Total 23,82,756/-
During the course of assessment the assessing officer stated that assesse has failed to prove the genuineness of the purchases made from the aforesaid parties, therefore, 100% of such purchases was disallowed and added to the total income of the assesse.
The assessee filed the appeal before the ld. CIT(A). The ld. CIT(A) stated that inspite of issuing a number of notices the assessee had not made any compliance, therefore, in the ex-parte order passed u/s 250 of the Act, the ld. CIT(A) has partly allowed, by restricting the disallowance to the extent of 20% of such bogus transactions. 5. Heard the ld. D.R. and perused the material on record. The assessee pleaded as per ground no. 1 of appeal filed that sufficient opportunity of hearing was not granted by the ld. CIT(A). We find that in the order u/s 250 of the Act passed by the ld. CIT(A), the detail of issuing any service of notices of hearing to assessee were not provided. Therefore, in the interest of justice to decide the issue in appeal on P a g e | Vijay Girjashankar Trivedi Vs. ITO Ward 3(4) merits we consider it appropriate to restore this case to the file of the ld. CIT(A) for deciding denovo after providing opportunity of hearing to the assessee. The assessee is directed to make the compliance before the ld. CIT(A) without any failure. Therefore, appeal of the assessee is allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 20.10.2023
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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