UMAR FARUK SULEMAN ASMAL,SURAT vs. ITO, WARD 2(2)(4), SURAT

ITA 268/SRT/2026Status: DisposedITAT Surat10 September 2026AY 2014-154 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the additional evidence filed by the assessee before the CIT(A) should have been admitted. The CIT(A) was directed to admit these evidences and adjudicate the issues on merit after giving the assessee an opportunity of hearing.

What were the facts?

The assessee purchased shares in property for Rs. 36,22,960/-. The Assessing Officer treated this as unexplained investment under Section 69. The assessee claimed the source was own capital and loans, but was unable to provide complete evidence due to election campaign.

What were the issues?

Whether the CIT(A) erred in rejecting additional evidence and whether the addition made under Section 69 was justified without proper verification of loan sources.

Which sections of the Income-tax Act were involved?

Section 69,Section 133(6),Section 143(2),Section 115BBE

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: MS. SUCHITRA KAMBLE & SHRI B.M. BIYANI

For Appellant: Shri Gautam Simedia, CA
For Respondent: Shri Ashish Kumar, Sr. DR
Hearing: 24.06.2026Pronounced: 10.09.2026

PER : SUCHITRA KAMBLE, J M:

The appeal filed by the assessee is against the order passed by the Commissioner of Income Tax, Appeals, ADDL/JCIT(A)-1, Gurugram [in short “CIT(A)”] dated 26.12.2025 for the Assessment Year (in short “AY”) 2014-15. 2. The assessee has raised the following grounds of appeal:

“1. On fact and circumstances of case as well as law on subject, Id CIT erred in upholding the order of AO in making addition of Rs. 36,22,960/- u/s 69 of Act.

2.

On fact and circumstances of case as well as law on subject, Id CIT erred in Rejection of Additional Evidence Rule 46A.

3.

On fact and circumstances of case as well as law on subject, Id CIT erred in not considering Loan Repa

The order continues below.

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