PRAKASH DARJI,AHMEDABAD vs. THE ITO, WARD-1(3)(1), AHMEDABAD

That on facts, and in law, the learned CIT(A) NFAC has grievously erred in dismissing of appeal and confirming the assessment order with addition of Rs.93,91,500/-

Having regard to the facts and circumstances of the case of your appellant, the relief claimed in Ground No.1 is allowed. Asst. Year : 2022-23 - 2–

Your appellant craves leave to add/alter or amend any of the grounds till the appeal is finally heard and decided.

On perusal of the records, it is observed that the assessee was afforded several opportunities of hearing on 01.01.2025, 04.04.2025, 20.05.2025, 24.06.2025 & 10.07.2025 to furnish details, clarifications, and explanations to substantiate the source of cash payment of Rs.93,91,500/-. However, despite being granted multiple opportunities, the assessee failed to furnish the requisite details or explanations before the Ld. CIT(A). Consequently, the Ld. CIT(A), based on the material available on record, upheld the action of the Assessing Officer and dismissed the appeal of the assessee. Before us, the Ld. Counsel for the assessee prayed that, given an opportunity, all necessary details, clarifications, and explanations would be furnished to the Revenue authorities. Hence, in the interest of justice, we set aside the order of the Ld. CIT(A) and restore the matter to the file of the Ld.CIT(A) for de novo adjudication. The assessee shall submit all the relevant bank statement/evidence/document before the Ld.CIT(A) and comply with the notices issued by the revenue authorities without seeking any unnecessary adjournments.

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

अपीलाथŎ / The Appellant 2. ŮȑथŎ / The Respondent. 3. संबंिधतआयकरआयुƅ / Concerned CIT 4. आयकर आयुƅ(अपील) / The CIT(A)- 5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाडŊ फाईल / Guard file.