SUNIL KANAYALAL KHUBCHANDANI,ULHASNAGAR, THANE vs. ITO WARD 2(2), KALYAN

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ITA 3209/MUM/2026Status: DisposedITAT Mumbai18 June 2026AY 2071-182 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal accepted the assessee's prayer for adjudication on merits, setting aside the lower authorities' orders. The AO is directed to frame a fresh assessment, and the assessee must prove the sources of bank credits.

What were the facts?

The assessee's appeal to the CIT(A) was dismissed in limine due to a delay of 267 days. The AO had made an addition of Rs. 71.50 Lacs on account of bank credits.

What were the issues?

Whether the delay in filing the appeal before the CIT(A) should be condoned to allow adjudication on merits, and the validity of bank credits.

Which sections of the Income-tax Act were involved?

Section 147,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

Before: HON’BLE SHRI PAWAN SINGH, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI PHYSICAL HEARING BEFORE HON’BLE SHRI PAWAN SINGH, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ ITA No.3209/MUM/2026 (निर्धारणवर्ा / Assessment Year: 2017-18) Shri Sunil Kanayalal Khubchandani ITO Ward 2(2) Flat no. 9, Tiloomal C.H.S. Mohan Plaza, Wayale Nagar बिधम/ Vs. Ulhasnagar, Thane Kalyan, Maharashtra, 421306 Maharashtra 421002 स्थायीलेखासं./जीआइआरसं./PAN/GIR No. AFJPK-0029-H (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant by : Sh. Ishwar Gurnani – Ld. AR प्रत्यथीकीओरसे/Respondent by : Sh. Sajit V.Nair (Addl. CIT) - Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 16-06-2026 घोषणाकीतारीख /Date of Pronouncement 18-06-2026 : आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of an order of learned Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 23.01.2026 in the matter of an assessment framed by learned Assessing Officer (AO) u/s147 r.w.s. 144B of the Act on 22.05.2023.In the assessment order, Ld. AO made addition of Rs.71.50 Lacs on account of bank credits. The Ld. CIT(A)

dismissed the appeal of the assessee in limine for want of condonation of delay of 267 days. Aggrieved, the assessee is in further appeal before us. The only prayer of Ld. AR is adjudication of appeal on merits. The Ld. AR stated that there was reasonable cause and the delay was not willful. It has been urged that the assessee is in a position to substantiate its case before lower authorities. The Ld. Sr. DR pleaded for dismissal of the appeal. 2. Keeping in mind the principles of natural justice and considering the background of the assessee, we accept the prayer of Ld. AR. Accordingly, the impugned orders are set aside and Ld. AO is directed to frame fresh assessment with a direction to the assessee to plead and prove the sources of bank credits. No other ground has been urged in the appeal. 3. The appeal stand allowed for statistical purposes. Order pronounced on 18th June, 2026 Sd/- Sd/- (PAWAN SINGH) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER ANKIT, PS Dated: 18-06-2026 आदेश की प्रनिनलनप अग्रेनर्ि /Copy of the Order forwarded to : 1. अपीलाथी/Appellant 2. प्रत्यथी/Respondent 3. आयकरआयुक्त/CIT 4. ववभागीयप्रवतवनवि/DR 5. गार्डफाईल/GF ASSISTANT REGISTRAR

ITAT MUMBAI

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