AKASH NARESHBHAI PANCHAL,AHMEDABAD vs. ITO WARD 1(2)(1), AHMEDABAD, AHMEDABAD

Shri Sulabh Padshah, A.R. Appellant by : Respondent by: Adjournment Application Filed Date of Hearing 13.01.2025 24.01.2025 Date of Pronouncement O R D E R PER: DR. BRR KUMAR, VICE PRESIDENT:

This appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax (Appeal)/National Faceless Appeal Centre (NFAC), Delhi, vide order dated 25.01.2024 for the Assessment Year 2017-18. 2. The Assessee has taken the following grounds of appeal:- Your appellant being aggrieved by the order passed by the learned Ld. Commissioner of Income-tax (Appeals) (herein after referred to as Ld. CIT (Appeals). Income tax Department, National Faceless Appeal Centre (NFAC) presents this appeal against the same on the following amongst other grounds 1. The Learned CIT (Appeals) has erred in passing an Ex-parte order and dismissing the appeal of the Appellant without appreciating the facts and circumstances of the case. It is submitted that the Appellant could not responded to the notice issued by CIT Appeal, as the notice was issued on wrong email address and not on email Asst.Year 2017-18 - 2– address stated in Form

35. In view of this, the matter please be set aside to lower authorities with a directions to hear the appellant again on merits and the additions made of Rs 7,88,01,702/- be deleted after fresh verification of details and evidences. The same please be held accordingly.

3. The Ld. Assessing Officer has erred in making the addition of Rs 7,88,01,702/- treating the cash deposits and credit entries reflected in bank accounts as Unexplained money u/s 69A or alternatively Unexplained cash credit u/s 68 of the Act. It is submitted that the complete details and documentary evidences explaining the source of cash deposits and credit entries totaling to Rs 7,88,01,702/- were available at that time and are also available now with Appellant. On the facts and circumstances of the case, there is no question of treating cash deposits and credit entries either unexplained money or Unexplained cash credit. On the facts and circumstances of the case, the huge addition made of Rs 7,88,01,702/-treating the same as Unexplained money u/s 69A of the Act is incorrect and it is therefore prayed before your honour that the matter may please be set aside to Ld.CIT(A)/to Ld.AO for the verification of details and impugned addition made please be deleted in the interest of justice.