FARDEEN HUSSAIN,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, KANPUR
What did the Tribunal hold?
The Tribunal found that the assessee was not granted an adequate opportunity of being heard and that the authorities below did not provide specific findings on the explanations offered. Therefore, the impugned order was set aside.
What were the facts?
The assessee's appeal against the CIT(A)'s ex parte order for AY 2023-24 was heard. The AO had made additions on account of unexplained investment, cash credit, and unexplained expenditure. The CIT(A) dismissed the appeal without a proper hearing.
What were the issues?
Whether the assessee was denied a reasonable opportunity of being heard and whether the additions were made without proper verification and specific findings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW BENCH “A”, LUCKNOW
Before: SHRI KUL BHARAT & SHRI ANADEE NATH MISSHRA
PER KUL BHARAT, VICE PRESIDENT.:
This appeal, by the assessee, is directed against the order of the Learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 06.10.2025 pertaining to the assessment year 2023-24. The assessee has raised the following grounds of appeal: -
“1. The Ld. CIT Appeals erred in law as well as on facts in sustaining an addition without considering the fact that the unsecured loan was received from the wife of the appellant, the said loan was received through regular banking channels, lender is a regular income tax assessee, the said loan is recorded in the Books of the lender. The assessee was never allowed a reasonable opportu
The order continues below.
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