MADHURIKA DILIPKUMAR SHAH,NADIAD vs. THE ITO, WARD-1, NADIAD

The Appellate order passed by the Learned CIT (Appeals) is without giving adequate opportunity of being heard and against the principal of natural justice.

The Appellate order passed by the Learned CIT (Appeals) is one sided with the pre-conceive mind set for the revenue. Asst. Year : 2012-13 - 2–

The Learned CIT (Appeals) has erred in law and facts by making an addition of Rs.51.76 lacs as unexplained money deposited under Section 69A of the act without knowing the real facts and sources of the deposit of cash by the appellant.

The Learned CIT (Appeals) has erred in law and facts by making an addition of Rs.76 lacs as Unexplained Investments under section 69 on account of purchase of immovable property which is actually bought from sales proceeds of immovable property and cash deposited in the bank account during the year under review.

The Learned CIT (Appeals) has erred in erred in law and facts by making an addition of Rs.30 lacs on account of undisclosed long-term capital gain which is in reality is a capital loss and not gain.

On going through the record, we find that notices u/s.250 of the Act were issued on 04.01.2021, 09.01.2024, 25.01.2024, 28.03.2024 & 11.06.2024 by the Ld. CIT(A), requesting assessee to furnish a detailed submission to substantiate its claim. Despite sufficient time given, the assessee failed to respond to the above notices and not even submit any substantial documents with regard to the unexplained money. Hence, the Ld.CIT(A) confirmed the action of the Assessing officer. We also find that the assessee has failed to furnish reply and supporting evidence even before the Assessing Officer. Before us the Ld. Counsel for the assessee filed an adjournment application and consequently prayed that, given an opportunity, all the details/clarification/explanation would be provided to the revenue authorities. Having gone through the fact, we hold that the no prejudice will be caused to the revenue if the Assessing Officer is allowed to examine the details/explanation submitted by the assessee. Hence, the matter is remanded to the Assessing Officer for conducting assessment de- novo. The assessee shall comply with the notices issued by the authorities without seeking any unnecessary adjournments. Asst. Year : 2012-13 - 3–

In the result, the appeal filed by 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.