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Facts
The assessment was completed under section 147 r.w.s. 144 of the Income Tax Act, 1961, with an addition of Rs. 69,70,475/- due to the assessee's failure to provide information regarding inward remittances. The CIT(A) subsequently set aside the assessment order and directed the AO to conduct a denovo assessment.
Held
The Tribunal found no reason to interfere with the CIT(A)'s order as the assessee would be provided with an opportunity to present necessary submissions and documentation before the AO during the denovo assessment proceedings.
Key Issues
Whether the ITAT should interfere with the CIT(A)'s order for denovo assessment, thereby allowing the assessee an opportunity to present submissions.
Sections Cited
147, 144, 143(3)
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Income Tax Appellate Tribunal, MUMBAI “D” BENCH : MUMBAI
Before: SHRI VIKRAM SINGH YADAV & MS. KAVITHA RAJAGOPAL
Assessment Year : 2016-17 Ravi Bansilal Darira, Deputy Commissioner of 10th Floor, Income Tax, Supreme Serenity, vs. Circle-15(3)(1), 16th Road, Aayakar Bhavan, Khar Delivery S.O. Mumbai-400020. Mumbai-400052. PAN : AAHPD2499M (Appellant) (Respondent) For Assessee : Shri Vijay Jadhav For Revenue : Shri Annavaran Kosuri Date of Hearing : 22-01-2026 Date of Pronouncement : 28-01-2026 O R D E R PER VIKRAM SINGH YADAV, A.M :
This is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), Delhi [„Ld.CIT(A)‟], dated 18-09-2025, pertaining to Assessment Year (AY) 2016-17.
Briefly, the facts of the case are that the assessment in this case was completed u/s. 147 r.w.s. 144 of the Income Tax Act, 1961 („the Act‟), vide order dt. 05-02-2024, wherein the AO has brought to tax an amount of Rs. 69,70,475/- in absence of the requisite information submitted by the assessee, explaining the source of inward remittance in its bank account and assessed income was determined at Rs. 1,17,09,015/-.
The assessee thereafter carried the matter in appeal before the Ld.CIT(A). Considering the submissions filed by the assessee, the Ld.CIT(A) has set aside the assessment order and the AO has been directed to conduct denovo assessment, after providing reasonable opportunity to the assessee as evident from para No. 5 of the impugned order.
Heard both the parties and perused the material available on record. In his appeal, the assessee has taken various grounds of appeal in terms of non-consideration of written submissions filed before the Ld.CIT(A) as well as on the merits of the addition made by the AO. Given the fact that originally, the matter has been decided ex-parte qua the assessee by the AO and the matter has since been set aside by the ld CIT(A) to the file of the AO for denovo adjudication, we do not find any legal and justifiable basis to interfere with the findings of the Ld.CIT(A) as assessee will have the requisite opportunity before the AO to file necessary submissions/documentation and make necessary representation, which the AO will consider as per law.