JIGAR PATEL,AHMEDABAD vs. THE ITO, WARD-5(3)(1), AHMEDABAD

The Learned CIT(A) NFAC has erred in not properly appreciating the facts, various submissions, explanations and information submitted by the appellant during the assessment proceedings which ought to have Assessment Year: 2020-21 been considered in proper perspective before passing the impugned order on ex-parte basis.

The order passed by the Learned CIT(A) NFAC is invalid and bad in law. It be so held now.”

The assessee filed return of income for the Assessment Year (A.Y.) 2020-21 on 10.01.201 declaring total income of Rs.4,750/-. The assessee claimed exemption income of Rs.1,21,19,751/- being agricultural income. The assessee vide submission dated 05.03.2022 submitted that the assessee is engaged in agricultural activities and is having agricultural income and rent income. The assessee is also Director in Kanhai Investment & Trading Private Limited, Jigar Contractors Private Limited, Rajiv Properties Private Limited and Jigar Communication Private Limited. The case was selected for limited scrutiny assessment on account of agricultural income (non- business ITR) and large cash deposit compared to returned income. Accordingly, notices were issued. The assessee filed the details as mentioned on page no.4 of the Assessment Order. The Assessing Officer made addition of Rs.1,77,16,980/- as unexplained cash credit under Section 68 of the Income Tax Act, 1961. 4. Being aggrieved by the Assessment Order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. The Ld. AR submitted that the Assessing Officer as well as the CIT(A) has not considered the evidences filed by the assessee, more specifically mentioned on page no.4 of the Assessment Order, and overlooking the same, has made the addition. The Ld. AR also relied upon the order of the Tribunal in assessee’s own case for A.Y. 2017- 18 being ITA No.148/Ahd/2024, order dated 22.11.2024, wherein the matter was remanded back to the file of the CIT(A). 6. The Ld. DR relied upon the Assessment Oder and the order of the CIT(A). 7. We have heard both the parties and perused all the relevant material available on record. It is pertinent to note that the Assessing Officer as well as the CIT(A) has not at all considered the evidences filed by the assessee including that of agricultural income and the receipts given by the assessee while earning the agricultural income. Therefore, this issue needs verification in consonance with the evidences filed by the assessee before the Assessing Officer. Therefore, the matter is remanded to the file Assessment Year: 2020-21 PBN/* Copies to: (1) The appellant (2) The respondent