ASHOKKUMAR A BANTHIA,MUMBAI vs. DCIT CENTRAL CIRCLE -27, DELHI

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ITSSA 5342/DEL/2025Status: DisposedITAT Delhi06 February 2026AY 2017-183 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal noted that the assessee had requested admission of additional evidence, and the CIT(A)'s decision was based on consequent remand proceedings. However, the impugned order of the CIT(A) did not indicate any remand report. The Tribunal found that the observations of the AO and their application to the facts were not duly discussed, and the conclusions drawn by the CIT(A) regarding the cash credit of Rs. 20,85,000/- were not based on demonstrative evidence. Consequently, the Tribunal deemed it appropriate to remit the matter to the CIT(A) for re-adjudication de novo in accordance with law, after providing the assessee with a due opportunity of being heard. The assessee was directed to comply with statutory notices from the CIT(A). The appeal was allowed for statistical purposes.

What were the facts?

The assessee, Asokkumar A Banthia, filed an appeal before the Income Tax Appellate Tribunal (ITAT) challenging the order dated 25.01.2025 passed by the National Faceless Appeal Centre/learned Commissioner of Income Tax (Appeals) (NFAC/CIT(A)). The NFAC/CIT(A)'s order arose from an assessment order dated 23.12.2017 passed by the Assessing Officer (AO) under section 144 read with section 147 of the Income Tax Act, 1961, for Assessment Year 2010-11. The assessee was noted as absent during the proceedings before the ITAT. The revenue was represented by Ms. Amish S Gupt, CIT-DR. The appeal was heard and pronounced on 21.01.2026.

What were the issues?

1. Whether the order passed under section 153A of the Act is illegal and bad in law, given that no incriminating documents/papers/materials were found pursuant to a search action under section 132 of the Act, and the reasons assigned are incorrect and contrary to the Act and Rules. (Assessee's contention). The revenue relied on the orders of the lower authorities and an order passed by the ITAT in the case of the assessee's wife, Smt. Sangita Ashok Banthia, for AY 2017-18 and 2018-19, where the matter was remanded. (Revenue's contention). 2. Whether the addition of Rs. 20,85,000/- made by the AO to the returned income, in respect of unsecured loans from family members, is sustainable as unexplained cash credit under section 68 of the Act, without valid reasons and contrary to the Act and Rules. (Assessee's contention). The revenue relied on the orders of the lower authorities. (Revenue's contention).

Which sections of the Income-tax Act were involved?

Section 144,Section 147,Section 132,Section 153A,Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH, ‘E’: NEW DELHI

Before: SHRI SATBEER SINGH GODARA

For Respondent: Ms. Amish S Gupt, CIT-DR
Hearing: 21.01.2026Pronounced: 21.01.2026

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘E’: NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTNAT MEMBER

IT(SS)A No.5342/DEL/2025 [Assessment Year: 2017-18]

Asokkumar A Banthia, DCIT, 601/602, Giri Residency, J.B. Central Cirlce-27, Nagar, Andheri (East), Mumbai, Vs Jhandewalan Extn. Maharshtra-400059 Delhi-110055 PAN-ARCPC3441Q Assessee Revenue

Assessee by None Revenue by Ms. Amish S Gupt, CIT-DR

Date of Hearing 21.01.2026 Date of Pronouncement 21.01.2026

ORDER PER AMITABH SHUKLA, AM,

This appeal filed by the assessee is against order dated 25.01.2025 of National Faceless Appeal Centre/learned Commissioner of Income Tax (Appeals), New Delhi, [hereinafter referred to as ‘ld. CIT(A)] arising out of

assessment order dated 23.12.2017 passed u/s 144 r.w.s. 147 of the Income Tax Act, 1961 pertaining to Assessment Year 2010-11. The word ‘Act’ herein this order would mean Income Tax Act, 1961.

2.

The assessee has raised following grounds of appeal:-

IT(SS)A No.5342/Del/2025

1.

On the facts and in the circumstances of the case and in law the Hon'ble CIT(A) erred in not treating the order passed under section 153A of the Act as illegal and bad in law as pursuant to search action u/s 132 of the Act no such incriminating documents/papers/materials were found and the reason assigned for doing so are wrong and contrary to the provisions of Income Tax Act and Rules made there under. 2. On the facts and in the circumstances of the case and in law, the Hon'ble CIT(A) erred in confirming the addition of Rs. 20,85,000/- made to the returned income by the Ld. AO in respect of unsecured loan availed from family members by treating it as unexplained cash credit u/s 68 of the IT Act 1961 without assigning valid reason and the reasons assigned for doing so are wrong and contrary to the Provisions of Income Tax Act and rules made there under. 3. The assessee was called absent in this case. 4. The ld. Sr. DR took us through the factual matrix of the case and placed

reliance upon the order of the lower authorities. The ld. DR also referred to an

order passed by this Tribunal in the case of the assessee’s wife Smt. Sangita

Ashok Banthia, in IT(SS)A Nos.5312 & 5313/DEL/2025 for AY 2017-18 And

2018-19, vide order dated 15.01.2026, wherein, the matter was remanded to ld.

CIT(A) for re-adjudication.

5.

We have heard ld. DR and perused the material available on records. We have noted that in the present case, the assessee had requested for admission of

additional evidences and the decision of ld. CIT(A) is based upon consequent

remand proceedings. We have however noted that there is no indication of the

remand report in the impugned order. The observations of the AO and their

application with the facts of the case, have not been duly discussed. The

conclusions drawn by the ld. First Appellate Authority qua Shri Pranav Banthia Page 2 of 4

IT(SS)A No.5342/Del/2025

while confirming the cash credit of Rs.20,85,0000/- has not been based upon

any demonstrative evidences. Consequently, we deem it appropriate to remit

this matter to ld. CIT(A) for re-adjudication de novo in accordance with law,

after giving due opportunity of being heard to the assessee. It shall be bounden

upon the assessee to comply with statutory notices issued by the ld. First

Appellate Authority.

6.

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

Order pronounced in the open court on 21ST January, 2026.

Sd/- Sd/- [SATBEER SINGH GODARA] [AMITABH SHUKLA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 06.02.2026 f{x~{tÜ f{x~{tÜ f{x~{tÜ f{x~{tÜ Copy forwarded to: 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi,

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