NIRMALKUMAR HEERALAL JAIN,MUMBAI vs. DUPUTY COMMISSIONER OF INCOME TAX 27(2), NAVI MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI OMKARESHWAR CHIDARAAssessment Year: 2013-14
Per : Narender Kumar Choudhry, Judicial Member:
This appeal has been preferred by the Assessee against the order dated 07.12.2023, impugned herein, passed by the National
Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax
(Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax
Act, 1961 (in short ‘the Act’) for the A.Y. 2013-14. Mr. Nirmalkumar Heeralal Jain
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2. In the instant case, the Assessing Officer (AO) vide assessment order dated 31.03.2022 u/s 147 r.w.s. 144 r.w.s. 144B of the Act, has made the addition of Rs.1,95,55,618/- being unexplained cash credit u/s 68 r.w.s. 115BBE of the Act, on account of sale consideration received on sale of shares of M/s. Aricent Infra
Ltd.
The Assessee, being aggrieved, challenged the said addition by filing first appeal before the Ld. Commissioner, however, could not get any relief, as the Ld. Commissioner dismissed the appeal of the Assessee without giving independent findings but in cryptic manner. During the appellate proceedings before the Ld. Commissioner has raised various issues including the legality of the reassessment proceedings and issuance of notice u/s 148 of the Act, and it is not a case of complete non-compliance, as it appears from para no.5.1 of the impugned order, wherein it is mentioned that on two occasions, the Assessee made submissions. Thus on the aforesaid peculiar facts and circumstances, we are inclined to remand the instant case to the file of the Ld. Commissioner for decision afresh, suffice to say by affording reasonable opportunity of being heard to the Assessee.
We clarify that the Assessee would be at liberty to raise all legal grounds as emanates from the proceedings carried or orders passed by the authorities below.
Thus, the case is accordingly remanded to the file Ld. commissioner for decision afresh, in the aforesaid terms. Mr. Nirmalkumar Heeralal Jain
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6. In the result, the Assessee’s appeal stands allowed for statistical purposes.
.
Order pronounced in the open court on 10.07.2025. (OMKARESHWAR CHIDARA) (NARENDER KUMAR CHOUDHRY)
ACCOUNTANT MEMBER JUDICIAL MEMBER
* Kishore, Sr. P.S.
Copy to: The Appellant
The Respondent
The CIT, Concerned, Mumbai
The DR Concerned Bench
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By Order
Dy/Asstt.