ISHANT NIRMAL CHANCHLANI,AMBERNATH vs. ITO OFFICER WARD 2(2) KALYAN, KALYAN

आदेश / ORDER PER BEENA PILLAI, JUDICIAL MEMBER:

Present appeal filed by assesse arises out of the order passed by NFAC, Delhi [hereinafter referred to as “Ld.CIT(A)”] dated 25/11/2025, for A.Y. 2016-17, on the following grounds of appeal:- “1) The Assessee is an individual carrying on business as a proprietor under the name Ishant Nirmal Chanchalni, The Assessee is engaged in the business of Trading in Cash Crops agriculture . The Return of Income for A.Y. 2016-2017 was adfiled on 13/01/2022 declaring total taxable income of Rs. 452760/-. The case was selected for online Assessment, in response to the notices duly served on the assessee. Shri Balchandra Talreja, Authorised representative of assessee appeared before the learned assessing officer and submitted the requisite information from time to time

2) The earlier Tax consultant show gross income of Rs 683550/- as per return of income. The deduction erroneously claimed rs 109781/- instead of 60410/- and amount of Rs 170928/- towards housing loan claimed in advertently remains to claim. The assesse submits that explanation given to the assessee officer was at the instant of earlier tax consultant which also appears erroneously hence it just necessary to grant permission for filing true and correct income by way of revised return. It is submitted that while passing order 147 read with section 144B of income tax act for the ay 2016-2017 in assessment order 27/05/2022. The learned assassas officar has show salary income Rs. 5,73,770/-instead of 450320/- And also erroneously addition u/s 69A of act Rs 3727247. which is infect at turnover and that too actualturnover of Rs 29,15,270/- and the learned assessing officer bought have taken turnover 2915270 as per book under provision 44AD on which approximately income calculated at Rs 2,33,230

3) 1. The assessee is regular tax payer and had no intentions of evading the taxes on whatsoever incomes. The assessee having acted bona fide and there being no mens rea, no liability is attracted at all.

4) 2. The assessee is regular tax payer and had no intentions of evading the taxes on whatsoever incomes. The assessee having acted bona fide and there being no mens rea, no liability to penalty is attracted at all.

5) 3. We pray to DR0P the penalty levied under section”

Accordingly, the delay in filing the present appeal is condoned and the appeal is admitted for adjudication on merits.

3.1. Before us, the Ld. AR submitted that the assessee is in possession of relevant evidences and supporting documents to explain the nature and source of the impugned cash deposits and that the assessee has a strong case on merits. It was, therefore, prayed that one more opportunity may be granted to substantiate the claim before the lower authorities.

3.2. Considering the entirety of facts and circumstances of the case, and in the interest of substantial justice, we deem it appropriate to restore this issue to the file of the Ld. CIT(A) for de novo adjudication. The assessee shall be at liberty to file all supporting documents, evidences and explanations in support of the claim that the cash deposits represent business receipts. The Ld. CIT(A) shall examine the same and decide the issue afresh in accordance with law after providing reasonable opportunity of being heard to the assessee.

The assessee is also directed to extend full cooperation and furnish all requisite details and evidences without seeking unnecessary adjournments. Accordingly, the impugned order on this issue is set aside and the matter is restored to the file of the Ld.CIT(A) for fresh adjudication.

Accordingly, the grounds raised by assessee are allowed for statistical purposes.

In the result, appeal filed by the assessee stands allowed for statistical purposes.

Order pronounced in the open court on 25/06/2026.

Sd/- Sd/- JAGADISH BEENA PILLAI ACCOUNTANT MEMBER JUDICIAL MEMBER

Mumbai Dated: 25/06/2026 SC, Sr. P.S.

Copy to: ISHANT NIRMAL CHANCHLANI, 21 5TH FLOOR SHIV DARSHAN TOWER SHIV MANDIR ROAD PARANJPE 1 CHAWAL AMBERNATH EAST, THANE-421501, MAHARASHTRA ITO OFFICER WARD 2(2) KALYAN, WAYLE NAGAR SWANAND COLONY 2 MOHAN PALAZA KHADAK PLAZA WARD 2(2) KALYAN WEST, THANE-421301, MAHARASHTRA 3 THE PCIT / CIT, 4 THE D.R., ITAT, MUMBAI BENCH 5 GUARD FILE