Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY, HONBLE & SHRI NARENDRA KUMAR BILLAIYA, HONBLE
PER NARENDRA KUMAR BILLAIYA, AM: This appeal by the assessee is preferred against the order of the ld. CIT(A) – 52, Mumbai (hereinafter “the ld. CIT(A)"] dt. 16/10/2024 pertaining to AY 2018-19. 2. The grievance of the assessee reads as under:- “1. The CIT(A) erred in law and on facts in upholding an addition of Rs 37,10,286/- u/s 69A made by AO as unexplained investment in jewellery seized at the time of search, though the sources of the entire jewellery found at the time of search including the seized jewellery was duly explained with evidence in the assessment proceedings. The impugned addition made without considering the submission of appellant must be deleted.
The CIT(A) erred in law and on facts in confirming the action of AO who made an addition of Rs 29,00,000/- u/s 69A of the Act in respect of cash seized at the time of search from the premises of the appellant ignoring the submission and evidence placed on record that the said cash was withdrawn by the appellant from his partnership firm (Sabari Developers LLP) and is duly recorded in the audited books of account of the firm, submitted before the Income tax Department. Thus, the addition should be deleted.
The impugned appellate order is bad in law because due to illness, the appellant could not appear before CIT(A) on the last dates.
The appellant craves the leave to add, substitute, modify, alter, delete or amend all or any ground of appeal either before or at the time of hearing."
At the very outset, referring to the documentary evidence filed in the paper book, the ld. Counsel for the assessee fairly conceded that the proceedings before the ld. CIT(A) were not attended which prompted the ld. CIT(A) to dismiss the appeal for want of documentary evidence. The ld. Counsel for the assessee prayed for another opportunity before the ld. CIT(A).
We are of the considered view that the assessee should get one more opportunity to defend its case and present/furnish all the necessary documentary evidence in support of its defense. Therefore, in the interest of justice and fairplay, we remit the matter to the file of the ld. CIT(A). The assessee directed to attend the appellate proceedings. The ld. CIT(A) may decide the issues on merits of the case and on facts available before him.
In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the Court on 18th June, 2025 at Mumbai. (SAKTIJIT DEY) VICE PRESIDENT (NARENDRA KUMAR BILLAIYA) ACCOUNTANT MEMBER Mumbai, Dated 18/06/2025 आयकर अपीलीय अधिकरण INCOME TAX APPELLATE TRIBUNAL 3 आदेश की प्रतिलिपि अग्रेषित/