UMESH KUMAR VAISHY,BARABANKI vs. INCOME TAX OFFICER-5(4), BARABANKI

ITA 410/LKW/2026Status: DisposedITAT Lucknow02 July 2026AY 2017-184 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issues in dispute regarding additions back to the Assessing Officer. The Assessing Officer was directed to pass a denovo order after providing the assessee with a reasonable opportunity to be heard.

What were the facts?

The assessee appealed against an order confirming additions made by the Assessing Officer, including a net profit addition and an addition for unexplained cash credit. The assessee argued that the assessment order and the CIT(A) order were passed without providing a reasonable opportunity to be heard.

What were the issues?

Whether the assessment and appellate orders were passed without providing adequate opportunity of being heard to the assessee, and if so, whether the matter should be remanded for a denovo assessment.

Which sections of the Income-tax Act were involved?

Section 68,Section 44AB,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH ‘SMC’, LUCKNOW

Before: SHRI ANADEE NATH MISSHRA

For Appellant: Ms. Gurneet Kaur, Advocate

PER ANADEE NATH MISSHRA:A.M. (A) This appeal has been filed by the assessee against the impugned appellate order of learned Commissioner of Income Tax (Appeals)/ADDL/JCIT(A)-1, Badodara vide order dated 05.03.2026 for the AY 2017-18. The assessee has raised the following grounds of appeal:

1.

Because on the facts and in the circumstance of the case, the Ld. CIT(Appeals) has erred in law and on facts in confirming the addition of Rs. 27,92,270/- as the AO wrongly computed the net profit at the rate of 8% of Turnover and addition of unexplained Cash Credit under section 68 of Assessment Year: 2017-18 2

Income Tax

The order continues below.

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