SANDIP CHHAGANLAL AMBALIA,AHMEDABAD vs. ITO, WARD 3(3)(5), AHMEDABAD, ITO VEJALPUR, AHMEDABAD

ITA 377/AHD/2026Status: DisposedITAT Ahmedabad22 September 2026AY 2018-194 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the addition under Section 69C was not sustainable as there was no evidence of actual commission payment. The addition under Section 68 was deleted as the short-term capital gain from the share sale was already disclosed and taxed.

What were the facts?

The assessee challenged reassessment proceedings and additions made under Sections 69C and 68 of the Income Tax Act. The additions pertained to alleged commission expenditure and sale proceeds of shares in Sunstar Realty Development Ltd.

What were the issues?

The validity of reassessment proceedings and the correctness of additions made for alleged commission expenditure and sale proceeds of shares without sufficient evidence.

Which sections of the Income-tax Act were involved?

Section 143(2),Section 148,Section 147,Section 144B,Section 69C,Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Before: DR. B.R.R. KUMAR, VICE- & SHRI RAHUL CHAUDHARY

For Appellant: Shri P D Shah, AR
For Respondent: Shri Deependra Kumar, Sr. DR
Hearing: 15.07.2026Pronounced: 22.09.2026

PER DR. B.R.R. KUMAR, VICE-PRESIDENT:

- 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 (NFAC), Delhi (in short “Ld. CIT(A)”), vide order dated 07.01.2026, under section 250 of Income-tax Act, 1962 (in short “the Act”), relevant to Assessment Year 2018-19. 2. The assessee has raised the following grounds of appeal: “Ground No.1

That the Ld. National Faceless Appeal Centre, has erred in law and facts by not quashing the notice issued under section 143(2) as the notice issued under section 143(2) of the Act is not in the f

The order continues below.

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