KARANAJEE SURESHKUMAR,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, MUMBAI

None appeared on behalf of the assessee when the appeal was called for hearing despite repeated calls. The records reveal that notice of hearing was issued by the Registry through Speed Post as well as email at the address furnished by the assessee in Form No. 36. As sufficient time has elapsed since the issuance of the notice, service is presumed to have been duly effected in terms of the provisions of the General Clauses Act. Accordingly, I proceed to dispose of the appeal ex parte qua the assessee after hearing the learned Departmental Representative (Ld. DR) and perusing the material available on record.

I have considered the submissions of the Ld. DR and perused the orders of the authorities below as well as the material placed on record. The grievance of the assessee relates to the additions made by the Assessing Officer on account of unexplained investment and cash deposits. It is noticed from the record that reliance has been placed by the assessee on the decisions of the Coordinate Bench of the Tribunal in the case of Lilaram, Mumbai vs. DCIT, CC-4(2), Mumbai (order dated 12.11.2025) and Joita Ram Nanji Ram Purohit in ITA Nos. 8355, 8356 & 8357/Mum/2025.

Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the additions, I am of the considered view that the matter requires fresh examination by the Assessing Officer in the light of the aforesaid decisions relied upon by the assessee. Accordingly, in the interest of justice, the impugned order is set aside and the matter is restored to the file of the Assessing Officer for de novo adjudication in accordance with law after affording reasonable opportunity of being heard to the assessee.

The restoration of the matter is, however, subject to the assessee depositing a cost of Rs. 2,000/- in the Prime Minister National Relief Fund and furnishing a copy of the receipt before the Assessing Officer within 30 days from the date of receipt of this order. The assessee is also directed to extend full cooperation in the remand proceedings and shall not seek unnecessary adjournments.

It is clarified that the above directions shall not be construed as any expression of opinion on the merits of the issues involved, and the Assessing Officer shall decide the matter independently in accordance with law.

In the result, the appeal of the assessee is allowed for statistical purposes.