MUKESH ARJANDAS RAIMALANI,MUMBAI,MAHARASHTRA vs. ITO-42(1)(3), MUMBAI,MAHARASHTRA

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “J(SMC)”, MUMBAI BEFORE SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER AND SHRI ANIKESH BANERJEE, JUDICIAL MEMBER ITA No.2745/Mum/2026 (Assessment year: 2011-12)

Mukesh Arjandas Raimalani vs ITO Ward 42(1)(3), Mumbai A-401, Dheeraj Regency, C41-43, Avenue 3, G Block BKC, Siddharth Nagar, Borivali East, Gilban Area, BKC, Bandra East, Mumbai-400066 Mumbai-400051 PAN: ADLPR1304C APPELLANT RESPONDENT Assessee by : Shri Anil Thakrar, CA (Virtually Present) Revenue by : Shri Mukesh Thakwani (Sr. DR) Date of hearing : 18/06/2026 Date of pronouncement : 23/06/2026 O R D E R Per:Anikesh Banerjee (JM): The instant appeal of the assessee filed against the order of the Ld. Commissioner of Income Tax-(Appeals) ADDL/JCIT-1-Chennai [for brevity the “Ld. CIT(A)”], order passed under section 250 of the Income Tax Act 1961 (for brevity ‘the Act’) for Assessment Year 2011-12, date of order 06.02.2026. The impugned order emanated from the order of the Ld. Income Tax Officer-32(2)(3), Mumbai

2 ITA No.2745/Mum/2026 Mukesh Arjandas Raimalani (for brevity the ‘Ld. AO’) order passed under section 143(3) r.w.s. 147 of the Act date of order 29.01.2016. 2. The brief facts of the case is that the assessee filed the original return by declaring total income Rs.5,75,450/-. The information received from DGIT (Inv.) Mumbai that a search and seizure action u/sec. 132 of the Act has been carried out on the group cases of Shri Bhanwar Lal Jain who is engaged in the business of providing accommodation entries in various forms. According to the information received the assessee has obtained the purchased from M/s. Mohit Enterprises which is entity managed and operated and controlled by Sri Bhanwarlal Jain. On basis of the information the Ld. AO initiated the reopening u/sec. 147 of the Act. Finally the assessment was completed and the addition was confirmed Rs.13,83,746/- related to the purchase made by the assessee from M/s. Mohit Enterprises. The assessee is running the proprietary concern under the name and style of M/s. Mansha Jewellery which is engaged in business of manufacturing and trading in diamond and gold jewellery. The addition was confirmed u/sec. 69C amount to Rs.13,83,746/-. The aggrieved assessee filed an appeal before the Ld. CIT(A). The Ld. CIT(A) passed an order exparte and uphold the impugned assessment order. Being aggrieved assessee filedan appeal before us. 3. The Ld. AR argued filed a paper book comprising pages 1 to 66 which has been placed on record. The Ld. AR contended that during the assessment proceeding the assessee submitted all the relevant documents that is partywise details of purchase address and PAN, copy of confirmations of account of M/s. Mohit Enterprises, stock summary, item stock ledger and registers for impugned financial years which are submitted before the bench and are also annexed in the APB and page No.02 to 29. But the assessee was unable to submit the evidence

3 ITA No.2745/Mum/2026 Mukesh Arjandas Raimalani before the Ld. CIT(A). So, the reasonable opportunity for hearing for the assessee was duly denied. The Ld. AR prayed to restore the matter to the file of Ld. CIT(A). 4. The Ld. DR argued and contended that the assessee had effected purchases from M/s. Mohit Enterprises, which was merely an accommodation entry provider. It was submitted that the payments made by the assessee were routed through banking channels only to give colour of genuineness to the transactions. The Ld. DR further submitted that it is an admitted position that Shri Bhanwarlal Jain, through his network of entities, was engaged in providing accommodation entries to various parties. The Ld. DR also contended that the Ld. AR was unable to furnish any satisfactory explanation for the assessee’s non-compliance before the Ld. CIT(A). Accordingly, it was prayed that the appeal filed by the assessee be dismissed. The Ld. DR strongly relied upon and supported the orders passed by the revenue authorities.

4 ITA No.2745/Mum/2026 Mukesh Arjandas Raimalani was unable to satisfactorily explain the reasons for such non-compliance during the appellate proceedings. The Ld. DR objected to the assessee’s plea and submitted that the reasons for non-appearance had not been properly substantiated or supported by any cogent material. Therefore, in the interest of substantial justice and principles of natural justice, we are of the considered view that the assessee deserves one more opportunity to present its case before the Ld. CIT(A). During the course of hearing, the Ld. AR suo motu offered to bear reasonable costs for the delay in filing the appeal before the Ld. CIT(A), and the said proposal was fairly accepted by the Ld. DR. Accordingly, we impose a cost of Rs.2,500/- (Rupees Two Thousand Five hundred only) upon the assessee, which shall be deposited under the “Other Head” of the Income Tax Department within one month from the date of receipt of this order. Subject to verification of payment of the aforesaid cost by the Ld. CIT(A), all the issues are restored to the file of the Ld. CIT(A) for adjudication afresh on merits in accordance with law. We make it clear that we have not expressed any opinion on the merits of the case so as to ensure that the appellate proceedings before the Ld. CIT(A) remain uninfluenced. Needless to say, the assessee shall be afforded a reasonable opportunity of being heard and shall also extend full cooperation for expeditious disposal of the appeal proceedings. 6. In the result, the appeal of the assessee bearing ITA No.2745/Mum/2026 is allowed for statistical purpose. Order pronounced in the open court on 23rd day of June 2026. Sd/- Sd/- (OM PRAKASH KANT) (ANIKESH BANERJEE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai,िदनांक/Dated: 23/06/2026

5 ITA No.2745/Mum/2026 Mukesh Arjandas Raimalani SAUMYASr.PS Copy of the Order forwarded to: 1. अपीलाथ�/The Appellant , 2. �ितवादी/ The Respondent. 3. आयकरआयु� CIT 4. िवभागीय�ितिनिध, आय.अपी.अिध., मुंबई/DR, ITAT, Mumbai 5. गाड�फाइल/Guard file. BY ORDER, //True Copy// (Asstt. Registrar), ITAT, MUMBAI