VICKY VIJAY SURYWANSHI,KOLKATA vs. A.C.I.T., CC - 3(2), KOLKATA

IN THE INCOMETAXAPPELLATE TRIBUNAL “D” BENCH, KOLKATA Before ShriRajesh Kumar, Accountant Member and Shri Pradip Kumar Choubey, Judicial Member ITA No.277/KOL/2026 Assessment Year: 2024-25 Vicky Vijay Surywanshi, ,.................................................................................Appellant 15, Syakra Para Lane, Bowbazar, Kolkata- 700012 [PAN No. FWJPS6471M] Vs. A.C.I.T., CC – 3(2), ..…………..…………………....……….Respondent Aayakar Bhawan Poorva, 110, Shanti Pally, E.M. Bypass, Kolkata- 700107. Appearances by: Sri Rajeev Kumar, Advappeared on behalf of the Appellant. Sri. S.B. Chakraborthy, Addl. CIT, Sr. DR ,appeared on behalf of the Respondent. Date of concluding the hearing : April 21, 2026 Date of pronouncing the order : April 24 ,2026 ORDER Per Pradip Kumar Choubey, Judicial Member: This appeal filed by the assessee is directed against the order dated 29.12.2025 of the Office of the Commissioner Of Income Tax, passed under Section 143(3) of the Assessment Year 2024-25 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”). 2. The brief facts of the case of the assessee is that Return of income was filed under section 139(1) of the Income Tax Act, 1961 on 27.07.2024 declaring total income of Rs.69,55,720/- The said return was processed u/s 143(1) of the Act at the returned income.

A Search & Seizure Operation u/s. 132 of the Income Tax Act, 1961 was carried out in the case of Bullion Groups on 04.10.2023 & subsequent dates. The assessee was also covered in the said search.

ITA No.277/Kol/2026 Assessment Year- 2024-25 Therefore, the case was selected for scrutiny. During the course of Search & Seizure Operation at the premise of M/s. Vicky Jewellery Works Pvt. Ltd. and others at 202-D, Bipin Behari Ganguly Street, Bowbazar, Kolkata -700012, some incriminating documents vide ID Mark-VJR/01 to VJR/06 were found and seized. In the course of assessment proceedings, the AO alleged that as per page no. 73 to 83 of the documents seized vide ID Mark-VJR-04, the assessee made transactions of Rs.50,00,000/- through online application which were nothing but "Dabba trading". The assessee explained that he was not engaged in any "Dabba trading and the transactions found during the course of search and seizure operation pertained to a demo account wherein a sum of Rs.9,47,958/- was shown as loss and Rs.40,52,041/- as credit balance. The AO, however, didn't agree with the contention of the assessee and made assessment under section 143(3) of the Income Tax Act, 1961 vide order dated 02.05.2025 determining total income of Rs. 1,19,55,720/- inter-alia making addition a sum of Rs.50,00,000/- a unexplained investment under section 69 of the Income Tax Act, 1961. Aggrieved by the said order, assessee preferred appeal before the CITA wherein appeal of the assessee has been dismissed. Being aggrieved by and dissatisfied the assessee preferred appeal before us. 4. The Ld. AR instead of arguing into the merit of the case has only prayed that the appeal of the assessee be remitted back to the file of the CIT(A) as the order passed by the CIT(A) is an ex-parte order. His submission is that for the interest of justice appeal of the assessee be restored to file of the CIT(A) for passing a fresh order on merit by affording an opportunity to the assessee to place his case.

ITA No.277/Kol/2026 Assessment Year- 2024-25 Ld. DR did not raise any objection in emitting the appeal before the CIT(A). 5. Upon hearing the submission of the counsel of the respective parties and on perusal of the impugned order, we find that assessee was complete non-responsive before the CIT(A). CIT(A) has passed an ex-parte order when assessee failed to respond of multiple notices. The CIT(A) in its order has held that since the assessee failed to respond, hence, we constrained to pass order on merit in absence of assessee. It is a fact that the order has not been passed after the hearing of assessee. The prayer of the assessee is that for the interest of justice, assessee has to give a one more opportunity to place his case before the CIT(A). Going over the order passed by the CITA and considering the submission made by the AR, we restore the appeal of the assessee to the file of the CIT(A) for fresh consideration by giving an opportunity to the assessee to place his case. The order passed by the CIT(A) is hereby set aside, the appeal as remitted back to the file of the CIT(A) for fresh adjudication. As a result, the appeal of the assessee is allowed for statistical purpose.

Kolkata, the April 24th , 2026.

Sd/- Sd/- [Rajesh Kumar] [Pradip Kumar Choubey] Accountant Member Judicial Member

DC Dated:. 24 .04.2026.

ITA No.277/Kol/2026 Assessment Year- 2024-25

Copy of the order forwarded to: 1. Appellant - 2. Respondent - 3. CIT(A)- 4. CIT- 5. CIT(DR)

//True copy// By order Assistant Registrar, Kolkata Benches