RADHIKA ABHISHEK FAMILY TRUST,AHMEDABAD vs. THE ITO, WARD 1(3)(1), AHMEDABAD

Assessment Year : 2020-21 Radhika Abhishek Family Trust The ITO, Ward-1(3)(1) Akshay, 1st Floor, Shrimali Vs Ahmedabad. Society, Navrangpura Ahmedabad. PAN : AADTR 8375 G (Applicant) (Responent) Assessee by : Shri Deepak R. Shah, AR : Revenue by Shri Ravindra, ld.SR.DR सुनवाई क� तारीख/Date of Hearing : 18/12/2025 घोषणा क� तारीख /Date of Pronouncement: 18/12/2025 आदेश/O R D E R आदेश आदेश आदेश

The above appeal has been preferred by the assessee against order passed by the Ld.Commissioner of Income-Tax(Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “ld.CIT(A)] dated 25.09.2025 under section 250 of the Income Tax Act, 1961 ("the Act" for short) for the assessment year 2020-21.

1. The ld.CIT(A) erred in law and in the facts of the case in upholding the order of the AO in making an addition of Rs.9,64,603/- under section 69A of the Act.”

3. Short issue involved in this appeal, as raised by the ld.counsel for the assessee during the course of hearing is that the ld.AO has made an addition of Rs.9.64 lakhs despite the fact that the assessee has already offered the said amount for taxation in his return of income.

2 4. The ld.AR has demonstrated from the assessment order, itself, that the AO had got the information that the assessee had received an interest amount of Rs.9.64 lakhs from ‘Avishkar Trading Company’ as per the TDS statement. The AO, therefore, reopened the assessment of the assessee under section 147 of the Act and asked the assessee as to why tax has not been paid on the aforesaid interest amount received by the assessee. In response, the assessee filed return of income, and further demonstrated to the AO that the assessee had received an amount of Rs.1.40 crores from Shri Chirag Ashokbhai Sheth and that the amount was further given to M/s.Aavishkar Trding Company as loan during the year under consideration. The assessee paid interest of Rs.7,62,520/- to Shri Chirag Ashokbhai Sheth, and received interest of Rs.9,64,603/- from M/s.Aavishkar Trading Company. The assessee, however, offered income of Rs.1,84,500/- for taxation in the return filed in pursuance to the notice under section 147 of the Act.

The ld.DR could not rebut the aforesaid factual aspects of the case.