OMKARA IMPEX AND MERCHANDISE LLP,AHMEDABAD vs. THE ACIT, CIRCLE-3(3)(2), AHMEDABAD
What did the Tribunal hold?
The Tribunal noted that the CIT(A) passed an ex-parte order without adjudicating on the merits. The assessee had submitted additional evidence to substantiate the genuineness of purchases, which was not considered by the lower authorities. Citing the principle that justice should not be denied due to procedural lapses and that an adequate opportunity of being heard is essential, the Tribunal decided to set aside the order of the CIT(A) and restore the matter to the file of the AO for fresh adjudication. This decision was also supported by Rule 29 of the ITAT Rules, 1963, regarding the admission of additional evidence for rendering complete justice, to which the Revenue did not object. However, acknowledging the assessee's repeated non-compliance, the Tribunal imposed a cost of Rs.5,000/- on the assessee. The AO was directed to examine the additional evidence, verify the purchases, provide a reasonable opportunity of hearing, and the assessee was directed to cooperate and deposit the cost. The issue of penalty under Section 271(1)(c) and interest under Sections 234A/B/C/D were implicitly left for fresh adjudication by the AO.
What were the facts?
The assessee, Omkara Impex and Merchandise LLP, is engaged in trading. For Assessment Year 2014-15, the Assessing Officer (AO) reopened the assessment under Section 147 of the Income Tax Act, 1961, based on information regarding alleged accommodation entries of Rs.69,18,469/- from M/s. Aryan Trading Co. The assessee did not file a return in response to the notice under Section 148. Despite multiple notices under Sections 142(1) and 143(2), the assessee failed to provide supporting documents. Consequently, the AO passed a best judgment assessment under Section 144, adding Rs.69,18,469/- as bogus purchases and initiating penalty proceedings under Section 271(1)(c). The Commissioner of Income Tax (Appeals) [CIT(A)] confirmed the AO's order, dismissing the assessee's appeal ex-parte due to non-compliance.
What were the issues?
1. Whether the reopening of assessment under Section 147 of the Income Tax Act, 1961, was without jurisdiction and bad in law, as contended by the assessee? 2. Whether the CIT(A) erred in confirming the ex-parte assessment order under Section 144, despite the assessee seeking time for submissions, thereby violating principles of natural justice, as argued by the assessee? 3. Whether the CIT(A) erred in disposing of the appeal without stating points for determination and reasons for the decision, violating Section 250(6) of the Act, as claimed by the assessee? 4. Whether the CIT(A) erred in confirming the addition of Rs.69,18,469/- as alleged accommodation entry of purchases, as disputed by the assessee? 5. Alternatively, whether any disallowance should be restricted to the profit element embedded in the alleged bogus purchases, as argued by the assessee? 6. Whether the lower authorities erred in ignoring submissions and information provided by the assessee, breaching natural justice, as contended by the assessee? 7. Whether the CIT(A) erred in confirming the levy of interest under Sections 234A/B/C/D, as argued by the assessee? 8. Whether the CIT(A) erred in confirming the initiation of penalty proceedings under Section 271(1)(c), as contended by the assessee? Assessee's Contentions: The assessee argued that the reopening was without jurisdiction. It contended that the CIT(A) passed an ex-parte order without adequately considering its request for time and violating natural justice. The assessee also claimed the CIT(A) failed to follow Section 250(6) and ignored its submissions. The addition of Rs.69,18,469/- was disputed, with an alternative plea to restrict disallowance to the profit element. The assessee also contested the interest and penalty levies. During the ITAT hearing, the assessee submitted additional evidence to prove the genuineness of purchases and reiterated the violation of natural justice by the CIT(A). Revenue's Contentions: The Revenue argued that the assessee had been non-compliant throughout the assessment and appellate proceedings. The Revenue did not raise any specific objection to the matter being restored to the AO for fresh adjudication.
Which sections of the Income-tax Act were involved?
Section 147,Section 144,Section 148,Section 151,Section 142(1),Section 143(2),Section 271(1)(c),Section 250(6),Section 234A,Section 234B,Section 234C,Section 234D
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD
Before: SHRI T.R. SENTHIL KUMAR & SHRI MAKARAND V. MAHADEOKAR
ORDER \nPER MAKARAND V. MAHADEOKAR, AM:\nThis appeal by the assessee is directed against the order dated\n14/03/2024, passed by the Commissioner of Income Tax (Appeals), National\nFaceless Appeal Centre (NFAC), Delhi (hereinafter referred to as “CIT(A)"],\nconfirming the order of the Assessing Officer [hereinafter referred to as\n“AO"] under Section 147 r.w.s.144 of the Income Tax Act, 1961 [hereinafter\nreferred to as “the Act”] for the assessment year (AY) 2014-15.\nITA No.809/Ahd/2024\nOmkara Impex and Merchandise LLP vs. ACIT\nAsst. Year: 2014-15\n2\nFacts of the Case:\n2. The assessee is engaged in the business of trading. The assessment was\nreopened under Section 147 of the Act based on information received that the\nassessee had obtained accommodation entries of Rs.69,18,469/- from M/s.\nAryan Trading Co. in Financial Year (FY) 2013-14. Accordingly, a notice\nunder Section 148 of the Act was issued on 31/03/2021, after obtaining\napproval under Section 151. The assessee did not file its return of income in\nresponse to the notice under Section 148 of the Act. The AO issued multiple\nnotices under Sections 142(1) and 143(2) of the act, calling for details.\nHowever, the assessee remained non-compliant and failed to furnish\nsupporting documents to substantiate the purchases. The AO passed a best\njudgment assessment under Section 144 on 31/03/2022, making an addition\nof Rs.69,18,469/- to the assessee's income, treating the amount as bogus\npurchases/accommodation entry. The AO also initiated penalty proceedings\nunder Section 271(1)(c) of the Act for furnishing inaccurate particulars of\nincome.\n3. Aggrieved by the order of the AO, the assessee filed an appeal before\nthe CIT(A), NFAC, Delhi. Before the CIT(A), the assessee challenged the\nreopening of assessment under Section 147 of the Act, contending that it was\nwithout jurisdiction and bad in law. The assessee also objected to the best\njudgment assessment under Section 144 of the Act, arguing that it had sought\ntime for making submissions, which was not adequately considered. Further,\nthe assessee disputed the addition of Rs.69,18,469/-, claimed as alleged\naccommodation entry of purchases, and alternatively argued that if at all any\ndisallowance was warranted, it should be restricted to the profit element\nITA No.809/Ahd/2024\nOmkara Impex and Merchandise LLP vs. ACIT\nAsst. Year: 2014-15\n3\nembedded in the purchases. The assessee also contested the consequential\nlevy of interest and the initiation of penalty.\n4. During the appellate proceedings before the CIT(A), multiple notices\nwere issued to the assessee for compliance. However, the assessee failed to\nrespond on several occasions. As per the record, the CIT(A) sent notices on\n09/11/2022, 27/09/2023, 17/11/2023, and 29/12/2023, but the assessee did\nnot submit any reply. The only action taken by the assessee was a request for\nadjournment on 13/12/2023, which was granted, but no further submissions\nwere made. Consequently, the CIT(A) proceeded to decide the appeal ex-\nparte, solely based on the material available on record, without considering\nthe merits of the case. The appeal was dismissed, and the addition of\nRs.69,18,469/- was confirmed, along with the levy of interest and initiation of\npenalty proceedings.\n5. The assessee preferred an appeal before us with following grounds of\nappeal:\n1. The Ld. AO has erred in law and on facts of the case reopening the assessment\nu/s.147 of the Act. Under the facts and circumstances of the case, the action of\nreopening is without jurisdiction and in not permissible either in law or on facts.\n2. The Ld. CIT(A) has erred in law and on the facts in confirming Ex-parte\nassessment order framed by the Assessing Officer u/s.144 of the Act in spite of\nthe fact that the Appellant had sought time to make submissions.\n3. The Ld. CIT(A) has erred in disposing the impugned assessment order without\nstating the points for determination, the decision arrived at by the Ld. AO as well\nas the reasons for the decision, thereby violating section 250(6) of the Act.\n4. The Ld. CIT(A) has erred in law and on facts in confirming the addition of\nRs.69,18,469/- as alleged accommodation entry of purchases.\nITA No.809/Ahd/2024\nOmkara Impex and Merchandise LLP vs. ACIT\nAsst. Year: 2014-15\n4\n5. Alternatively, and without prejudice the addition may be restricted to the profit\nembedded in alleged bogus purchases.\n6. Both the lower authorities have passed the orders without properly appreciating\nthe facts and they further erred in grossly ignoring various submissions,\nexplanations and information submitted by the appellant from time to time which\nought to have been considered before passing the impugned order. The action of\nthe lower authorities is in clear breach of law and Principles of Natural Justice\nand therefore deserves to be quashed.\n7. The Ld. CIT(A) has erred in law and on facts of the case in confirming action of\nthe Id. AO in levying interest u/s.234A/B/C/D of the Act.\n8. The Ld. CIT(A) has erred in law and on facts of the case in confirming action of\nthe Id. AO in initiating penalty u/s.271(1)(c) of the Act.\n9. The Appellant craves leave to add, amend, alter, edit, delete, modify or change all\nor any of the grounds of appeal at the time of or before the hearing of the appeal.\n6. During the course of hearing before us, the learned Authorized\nRepresentative (AR) submitted that the assessee has now filed additional\nevidence to substantiate that the alleged accommodation entry of\nRs.69,18,469/- was a genuine purchase and that the transaction was duly\nrecorded in the books of accounts. The AR also contended that during the\nappellate proceedings before CIT(A), the assessee had sought an\nadjournment, but after granting only one adjournment, the CIT(A) passed the\norder without giving the assessee a further opportunity to present its case.\nThe AR argued that natural justice was violated, and the case was not\nadjudicated on merits.\n7. The learned Departmental Representative (DR) opposed the appeal,\nstating that the assessee had been non-compliant throughout the assessment\nand appellate proceedings. However, the DR did not raise any specific\nITA No.809/Ahd/2024\nOmkara Impex and Merchandise LLP vs. ACIT\nAsst. Year: 2014-15\n5\nobjection to the matter being restored to the file of the AO for fresh\nadjudication.\n8. We have carefully considered the submissions of both parties and\nperused the material available on record. It is evident that the CIT(A) passed\nan ex-parte order without adjudicating on the merits of the case. The record\nalso shows that the assessee has now submitted additional evidence to\nsubstantiate the genuineness of the purchases, which was not considered by\nthe AO or CIT(A). It is a settled legal position that justice should not be\ndenied due to procedural lapses, provided the assessee demonstrates a bona\nfide reason for earlier non-compliance. Many courts have held that when an\nassessee has not been granted an adequate opportunity of being heard, the\nmatter should be restored for fresh adjudication.\n8.
1. Further, as per Rule 29 of the ITAT Rules, 1963, additional evidence\nmay be admitted at the appellate stage if it is necessary for rendering\ncomplete justice. The DR has not raised any objection in admitting such\nadditional evidence. Since the additional evidence now produced by the\nassessee may have a bearing on the correct assessment of taxable income, we\ndeem it fit to set aside the order of CIT(A) and restore the matter back to the\nfile of the AO for fresh adjudication.\n8.
However, we also take note of the fact that the assessee has been\nrepeatedly non-compliant, leading to prolonged litigation and wastage of\njudicial time. To ensure that such non-compliance does not recur, we impose\na cost of Rs.5,000/- on the assessee as a deterrent measure.\n Impex and Merchandise LLP vs. ACIT\nAsst. Year: 2014-15\n6\n8.
In view of the above, we set aside the order of CIT(A) and restore the\nmatter to the file of the AO with the following directions:\n• The AO shall examine the additional evidence filed by the assessee and\nverify the genuineness of purchases in accordance with law.\n• The assessee shall cooperate in the fresh proceedings and furnish all\nnecessary documents before the AO.\n• The AO shall provide a reasonable opportunity of being heard to the\nassessee before passing a fresh order.\n• The assessee shall deposit the cost of Rs.5,000/- before the\ncommencement of fresh proceedings.\n8.
Thus, the order of the CIT(A) is set aside, and the matter is restored to\nthe file of AO for fresh adjudication, subject to payment of a cost of Rs.5,000/-\nby the assessee.\n9. In the result, the appeal of the assessee is allowed for statistical\npurposes.\npronounced in the Open Court on 27th February, 2025 at Ahmedabad.\nSd/-\n(T.R. SENTHIL KUMAR)\nJUDICIAL MEMBER\nSd/-\n(MAKARAND V. MAHADEOKAR)\nACCOUNTANT MEMBER\nअहमदाबाद/Ahmedabad, दिनांक/Dated 27/02/2025\nटी. सी. नायर, व.नि. स. / T.C. NAIR, Sr. PS\n Impex and Merchandise LLP vs. ACIT\nAsst. Year: 2014-15\n7\nआदेश की प्रतिलिपि अग्रेषित/
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Suryansh Chawda vs. The State Of Madhya PradeshMadhya Pradesh · 26 Oct 2026
- Yash Shilawat vs. State Bank Of INDIAMadhya Pradesh · 26 Oct 2026
- Pushpa Devi Verma vs. State Bank Of INDIA Through Its Chief ManagerMadhya Pradesh · 26 Oct 2026
- Ayan Khan vs. Bandhan BankMadhya Pradesh · 26 Oct 2026
- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026