MR. ANKIT NIGAM,BARABANKI vs. ASSESSMENT UNIT, NFAC

ITA 172/LKW/2026Status: DisposedITAT Lucknow31 August 2026AY 2022-236 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal restored the matter to the Assessing Officer for fresh adjudication, granting the assessee one last opportunity to present their case with necessary evidence. The assessee was cautioned to fully comply with the AO's directions in the set-aside proceedings.

What were the facts?

The assessee's case was selected for scrutiny due to high liabilities compared to low income and substantial payments to unregistered entities. The Assessing Officer added an unsecured loan of Rs. 1,17,30,000/- as unexplained cash credit as the assessee failed to provide evidence of creditworthiness and genuineness of transactions. The National Faceless Appeal Centre (NFAC) dismissed the assessee's appeal ex-parte.

What were the issues?

Whether the addition of unsecured loans as unexplained cash credit was justified without providing the assessee a proper opportunity to be heard and present evidence. The issue also involves the validity of ex-parte orders passed by lower authorities.

Which sections of the Income-tax Act were involved?

Section 68,Section 144,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH “B”, LUCKNOW

Before: SHRI. SUDHANSHU SRIVASTAVA & SHRI NIKHIL CHOUDHARY

For Appellant: Shri Rakesh Mishra, Advocate

PER SUDHANSHU SRIVASTAVA, J.M.:

This appeal has been preferred by the Assessee against the order dated 24.12.2025, passed by the National Faceless Appeal Centre, Delhi (NFAC) for Assessment Year 2022-23. 2.0 The brief facts of the case are that the assessee was doing the business as a Business Correspondent with State Bank of India. The assessee filed his return of income for the year under consideration on 18.10.2022 declaring a total income of Rs.46,19,620/-. Subsequently, the assessee filed his revised return of income on 14.03.2022, declaring a total income of Rs.45,30,600/-. The case of the assessee was selected for scrutiny under Computer-Assisted Scrutiny Selection (CASS) for ITA No.448/LKW/2020 the reason of “High liabilities as compared to low income and substantial

The order continues below.

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