MAHENDRA RAMAKANT LIKHITE ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , KALYAN

This appeal is filed by the assessee against the order dated 24.12.2025 passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, for A.Y. 2023-24 arising out of the assessment order passed under section 143(3) of the Income Tax Act, 1961.

Briefly stated, the assessee filed its return of income declaring total income of Rs.8,42,03,420/-. The case was selected for scrutiny and assessment was completed under section 143(3) of the Act determining total income at Rs.12,83,98,480/- after making various additions aggregating to Rs.4,41,95,060/-.

Aggrieved by the assessment order, the assessee preferred appeal before the Ld. CIT(A). The Ld. CIT(A) confirmed the additions made by the Assessing Officer observing that the assessee had not furnished any explanation or supporting documentary evidences in support of its claim.

Before us, the Ld. Authorised Representative submitted that the assessee could not effectively place the requisite submissions and evidences before the lower authorities. It was submitted that the assessee is now in possession of complete explanations and documentary evidences relevant to the issues involved in appeal and is willing to furnish the same before the appellate authority. The Ld. Authorised Representative therefore prayed that one more opportunity may be granted to the assessee to substantiate its case on merits.

The Ld. Departmental Representative, on the other hand, relied upon the orders of the lower authorities and submitted that sufficient opportunities had already been granted during the course of assessment and appellate proceedings.

We have heard the rival submissions and perused the material available on record. We find that the additions made by the Assessing Officer have been sustained by the Ld. CIT(A) primarily on the ground that the assessee failed to furnish explanations and supporting documentary evidences. Before us, the assessee has submitted that it possesses complete

Considering the facts and circumstances of the case and in order to advance the cause of substantial justice, we are of the considered opinion that one more opportunity deserves to be granted to the assessee to substantiate its case on merits. Since the issues have not been examined by the Ld. CIT(A) on the basis of the evidences which the assessee now proposes to furnish, we deem it appropriate to set aside the impugned order and restore the matter to the file of the Ld. CIT(A) for fresh adjudication.

The Ld. CIT(A) shall examine the explanations and documentary evidences that may be furnished by the assessee and decide the issues afresh in accordance with law after providing reasonable opportunity of being heard. The assessee is directed to promptly comply with the notices issued by the Ld. CIT(A) and furnish all supporting evidences without seeking unnecessary adjournments. In case of any non-compliance, the Ld. CIT(A) shall be at liberty to dispose of the appeal in accordance with law on the basis of material available on record.

In the result, the appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open court on 24/06/2026.