HANVI ENTERPRISE,AHMEDABAD,GUJARAT vs. ITO,WARD-1(2)(3), AHMEDABAD , GUJARAT
What did the Tribunal hold?
The Tribunal held that the CIT(A) had dismissed the appeal without proper adjudication and directed the CIT(A) to provide one more opportunity to the assessee to make compliance, subject to payment of a cost. The CIT(A) is to then adjudicate the grounds on merits.
What were the facts?
The Assessing Officer (AO) reopened the assessee's case based on information suggesting accommodation entries/loans. The AO added Rs. 55,00,000/- to the assessee's income as unexplained. The CIT(A) dismissed the assessee's appeal without providing a reasonable opportunity to be heard.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal ex parte without providing a reasonable opportunity of being heard, and whether the reopening and additions were valid.
Which sections of the Income-tax Act were involved?
Section 147,Section 144B,Section 148,Section 68,Section 115BBE
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD
Before: SHRI SIDDHARTHA NAUTIYAL & SHRI NARENDRA PRASAD SINHA
PER NARENDRA PRASAD SINHA, ACCOUNTANT MEMBER:
This appeal is filed by the assessee against the order of National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “CIT(A)”] dated 30.12.2025 for the Assessment Year (A.Y.) 2019-20 in the proceeding u/s 147 r.w.s. 144B of the Income Tax Act [hereinafter referred as “The Act”].
The brief facts of the case are that the assessee had filed its return of income for A.Y. 2019-20 on 27.07.2019 declaring income of Rs.31,800/-. The AO had reopened the case u/s. 148 of the Act on the
ITA No.398/Ahd/2026 Hanvi Enterprise Vs ITO, AY- 2019-20 2 basis of information received from Investigation Wing, that it had obtained accommodation entry/loan of Rs. 55,00,000/- from M/s. Hubtown Limited along with Shri Mahavir Chund Dugger. In the course of assessment, the AO was not satisfied with the explanation of the assessee and the sum of Rs. 55,00,000/- credited to the books of account was held as unexplained and added to income. The assessment was completed u/s. 147 r.w.s. 144B of the Act, on 23.11.2023 at total income of Rs. 55,31,800/-.
Aggrieved with the order of the AO, the assessee had filed an appeal before the first appellate authority, which was decided by the learned CIT(A) vide the impugned order and the appeal of the assessee was dismissed. Th
Now the assessee is in second appeal before us. The following grounds have been taken in this appeal:
The learned Commissioner of Income tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi has erred in passing an Ex parte order dismissing the appeal without providing reasonable opportunity of being heard to the appellant. Hence the same being against the principles of natural justice and equity requires to be quashed. 2 The learned Commissioner of Income tax (Appeals) National Faceless Appeal Centre (NFAC), Delhi has erred in confirming the action of the Assessing in issuing notice u/s.148 of the IT Act, 1961 which is illegal and bad in law hence the same should be quashed. 3. The learned Commissioner of Income tax (Appeals) National Faceless Appeal Centre (NFAC), Delhi has erred in confirming action of the Assessing Officer in issuing notice for reopening the assessment only on the basis of information uploaded on insight portal by DDIT Unit -1(1), Ahmedabad and the search u/s. 132 carried out on 30.07.2019 in case of third parties namely M/s.Hubtown Limited along with premises of Sh. Mahavir Chand Duggar involved in providing accommodation entries
ITA No.398/Ahd/2026 Hanvi Enterprise Vs ITO, AY- 2019-20 3
and holding the assesse as one of the beneficiaries for the year under appeal
The learned Commissioner of Income tax (Appeals) National Faceless Appeal Centre (NFAC), Delhi has erred in confirming the action of the Assessing Officer in passing an Ex parte order without providing reasonable opportunity of being heard to the appellant. Hence the same being against the principles of natural justice and equity requires to be cancelled. 5. The learned Commissioner of Income tax (Appeals) National Faceless Appeal Centre (NFAC). Delhi has erred in confirming the addition of Rs.55,00,000/- made by Assessing Officer treating the unsecured loans as alleged accommodation entries u/s 68 of the I.T.Act, 1961 and taxing the same applying the provisions of Sec. 115BBE of the Act 6. The learned Commissioner of Income tax (Appeals) National Faceless Appeal Centre (NFAC), Delhi has erred in confirming the action of the Assessing Officer in completing the assessment making additions under Sec. 68 of the Act without providing the copy of the search materials, documents etc. found and seized from the premises of third parties searched entities /persons and without providing the copy of the statements recorded of such parties /persons. Hence the assessment so made being against the principles of natural justice and equity requires to be cancelled 7. The learned Commissioner of Income tax (Appeals) National Faceless Appeal Centre (NFAC), Delhi has erred in confirming the action of the Assessing Officer in not granting an opportunity to cross examine the parties whose statements has been recorded during search and relied upon for reopening the assessment and making additions 8. The Appellant craves leave to add, alter, amend or modify any of the grounds of appeal on or before the date of hearing of appeal.
Shri Aseem Thakkar, the Ld. AR of the assessee submitted at the outset that the no compliance could be made by the assessee before the Ld. CIT(A) and, therefore, he had dismissed the appeal of the assessee without adjudicating the grounds taken on merits. He, therefore, requested
ITA No.398/Ahd/2026 Hanvi Enterprise Vs ITO, AY- 2019-20 4 that the assessee may be allowed another opportunity of being heard by setting aside the matter to the file of the Ld. Ld.CIT(A).
Per Contra, Shri Abhijit, the Ld. SR-DR supported the order of ld. CIT(A). However, he had no objection if the matter was set aside to the file of the Ld. CIT(A) for allowing another opportunity to the assessee.
We have considered the request of the assessee. It is found that the Ld. CIT(A) had allowed six opportunities, out of which the assessee had sought adjournment on three occasions and no compliance was made on the other three occasions. The assessee was thus aware of the on-going proceeding before the Ld. CIT(A) and the notices issued by the Ld. CIT(A) were also duly received. The assessee had not given any explanation for the non-compliance before the Ld. CIT(A). We, therefore, deem it proper to impose a cost of Rs. 10,000/- on the assessee which should be paid to Prime Minister National Relief Fund within a period of two weeks from the date of receipt of this order. Subject to the payment of cost, the Ld. CIT(A) is directed to allow one more opportunity to the assessee to make compliance and thereafter adjudicate the grounds taken by the assessee on merits. The assessee is also directed to make compliance before the Ld. CIT(A) in the course of set aside proceeding. The assessee will be free to resubmit the evidences already filed earlier or any other fresh material in support of the grounds taken by him before the Ld. CIT(A) and will also comply to the directions of the Ld. CIT(A). If deemed necessary, the Ld. CIT(A) may also call for a remand report of the AO on the additional evidences brought on record before him and, thereafter, re-adjudicate the grounds taken by the assessee on merits.
ITA No.398/Ahd/2026 Hanvi Enterprise Vs ITO, AY- 2019-20 5
In the result, the appeal of the assessee is allowed for statistical purpose.
Order pronounced in the Court on 06/07/2026 at Ahmedabad.
Sd/- Sd/- (SIDDHARTHA NAUTIYAL) (NARENDRA PRASAD SINHA) Judicial Member Accountant Member Dated – 06th July, 2026 Neelesh, Sr. PS (True Copy) आदेश आदेश क� आदेश आदेश क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत/Copy of the Order forwarded to : अ�ेिषत 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबंिधत आयकर आयु� / Concerned CIT 4. आयकर आयु�(अपील) / The CIT(A) 5. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण / DR, ITAT, 6. गाड� फाईल /Guard file. आदेशानुसार/BY ORDER, आदेशानुसार आदेशानुसार आदेशानुसार पंजीकार (Dy./Asstt.Registrar) उप उप/सहायक उप उप सहायक सहायक पंजीकार सहायक पंजीकार पंजीकार आयकर आयकर अपीलीय आयकर आयकर अपीलीय अपीलीय अिधकरण अपीलीय अिधकरण अिधकरण, अहमदाबाद अिधकरण अहमदाबाद अहमदाबाद / ITAT, Ahmedabad अहमदाबाद
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