PRABHATBHAI KHODABHAI DESAI,AHMEDABAD vs. THE ITO, WARD-7(2)(1) EARLIER WARD-7(1)(4), AHMEDABAD
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: DR. B.R.R. KUMAR, VICE-SHRI SIDDHARTHA NAUTIYALPrabhatbhai Khodabhai Desai, A/101, Royal Orchid, Near Prahlad Nagar Garden, Satellite, Ahmedabad-380015. [PAN :ACBPD3340 F]
PER DR. B.R.R. KUMAR, VICE-PRESIDENT:-
Delay Condoned
This appeal is filed by the Assessee against the appellate order dated 16.01.2023 passed by the Commissioner of Income Tax (Appeals)
Mumbai/National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2016-17. 2. The assessee has raised the following grounds of appeals:
(1) The learned CIT(A) has erred in confirming the addition of Rs.13,00,000/- based solely on Form 26AS, without considering the exempt nature of gratuity and leave encashment.
Asst. Year : 2016-17
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(2) The learned CIT(A) has erred in confirming the arbitrary addition of Rs.10,84,160/- estimated at 0.01% of total securities transactions, without any substantive verification or inquiry.
On going through the record, we find that the notices u/s.250 were issued on 28.01.2020, 29.12.2020, 29.03.2022, 25.10.2022 & 02.11.2022, requesting the assessee to submit certain details/clarification/ explanation to substantiate its claims. Despite several opportunities and notices issued by the Ld.CIT(A), the assessee failed to furnish the requisite submissions/documents. Accordingly, the Ld. CIT(A) confirmed the action of the Assessing Officer by dismissing the appeal of the assessee. We also find that the assessee failed to comply even before the Assessing Officer. The Ld. Counsel for the assessee prayed that, given an opportunity, due compliances will be made and all the details/clarification/explanation would be provided to the revenue authorities. Hence, in the interest of justice, we set aside the order of the Ld.CIT(A) and restore the matter back to the Assessing Officer for conducting assessment de-novo. The assessee shall submit all the relevant bank statement/submission/document before the Assessing Officer 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.
The order is pronounced in the open Court on 25.08.2025. (SIDDHARTHA NAUTIYAL)
VICE-PRESIDENT
()
Ahmedabad; Dated 25.08.2025
Asst. Year : 2016-17
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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.