JEETENDRA LAXMANBHAI PATEL,AHMEDABAD vs. THE ITO, WARD-6(1)(1), AHMEDABAD
Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD
Before: DR. B.R.R. KUMAR, VICE-Ms SUCHITRA KAMBLEJeetendra Laxmanbhai Patel, 15/C, Sarda Shopping Centre, Rabari Colony, Amraiwadi, Ahmedabad-380026. [PAN :AOCPP0793 B]
PER DR. B.R.R. KUMAR, VICE-PRESIDENT:-
Delay Condoned
This appeal is filed by the Assessee against the appellate order dated 16.07.2024 passed by the Commissioner of Income Tax
(Appeals)/National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2014-15. 2. The assessee has raised the following grounds of appeal:
The Ld. CIT(A) has erred, both in law and on facts, in passing ex-parte order and that too in gross violation of section 250(6) of the Act.
In the facts of the present case, Ld. AO was not justified in reopening the assessment under section 147 of the Act. Asst. Year : 2014-15 - 2–
The Ld. CIT(A) has erred, both in law and on facts, in confirming the addition of Rs.2,28,09,625/-made by Ld. AO u/s 69 of the Act in respect of alleged undisclosed investment in an immovable property.
In the facts of the present case, Ld. AO was not justified in invoking provisions of section 115BBE of the Act in relation to addition of Rs.2,28,09,625/-made u/s 69 of the Act.
Both, AO & CIT(A), have erred in passing the impugned orders without properly appreciating facts of the case, submissions of the assessee and documentary evidences available on record in the correct perspective. Such an act is in gross violation of the principles of natural justice.
The Ld. CIT(A) has erred in law and on facts of the case in confirming levy of interest u/s. 234A/B/C/D of the Act.
The Ld. CIT(A) has erred in confirming action of initiation of penalty proceedings under section 271(1)(c) of the Act.
The appellant craves leave to add, amend, alter, edit, delete, modify or change all or any of the grounds of appeal at the time of or before the hearing of the appeal.
On perusal of the records, it is observed that the assessee was afforded several opportunities of hearing on 15.11.2022, 08.12.2023, 28.12.2023, 05.04.2024, 17.05.2024 and 01.07.2024 to furnish details, clarifications and explanations to substantiate the source of unexplained investment under section 69 of the Act. However, despite being granted multiple opportunities, the assessee remained non- compliant, sought adjournments, and failed to furnish the requisite details or explanations before the Ld. CIT(A). Consequently, the Ld. Asst. Year : 2014-15 - 3–
supporting evidence to establish the source of unexplained investment even before the Assessing Officer. During the course of hearing before us, the Ld. Counsel for the assessee prayed that, if one more opportunity is granted, the assessee would furnish all the necessary details, clarifications and explanations before the revenue authorities. Considering the totality of the facts and in the interest of justice, we deem it appropriate to remand the matter to the file of the Assessing Officer for conducting the assessment de novo. However, it would be appropriate to impose a cost of Rs.5,000/- on the assessee which shall be deposited into the “Prime Minister’s Relief Fund”. The receipt of the same shall be submitted before the Juri ictional
Assessing Officer, who shall take it on record before passing the order giving effect to this order of the Tribunal. The assessee is directed to submit all relevant bank statements, documents and explanations before the Assessing Officer and to strictly comply with the notices issued by the revenue authorities without seeking any unnecessary adjournments.
4. In the result, the appeal of the assessee is allowed for statistical purposes.
The order is pronounced in the open Court on 18.12.2025. (SUCHITRA KAMBLE)
VICE-PRESIDENT
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Ahmedabad; Dated 18.12.2025
Asst. Year : 2014-15
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आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to :
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.
आदेशानुसार/ BY ORDER,सहायक पंजीकार (Dy./Asstt.