VIKUL PANCHAL,AHMEDABAD, GUJARAT vs. ITO, WARD 3(2)(10), AHMEDABAD, AHMEDABAD, GUJARAT

These two appeals are filed by the assessee as against separate appellate orders dated 26/08/2025 and 22/09/2025 passed by the Ld.Commissioner of Income Tax (Appeals), [CIT(A) in short] National Faceless Appeal Centre, arising out of the reassessment order passed u/s.147 r.w.s.144 of the Income Tax Act, 1961(hereinafter referred to as "the Act") and penalty u/s.271(1)(c) of the Act, relating to the Assessment Year (AY) 2013-14.

The Registry has noted that the delay of 13 days in filing the appeal in . The assessee explained that being ex-parte orders before the lower authorities, he was in search of new Tax Consultant, which has caused a delay of 13 days for filing the appeal, thereby requested to condone the delay.

The DR has no serious objection in condoning the delay of 13 days and we hereby condone the delay.

The brief facts of the case are that the assessee is an individual filed his return of income for AY 2013-14 on 30/11/2013 declaring total income of Rs.12,95,510/-. The return was processed u/s.143(1) of the Act, then based on the Investigation Wing report, that the assessee entered into financial transaction with foreign entities and received a sum of Rs.39,99,642/- which is not offered for taxation. Therefore, the assessment was reopened by issuing a notice u/s.148 of the Act on 28/03/2019. The assessee has neither replied nor filed Return of Income in response to the notice u/s.148 of the Act, which was resulted in passing ex-parte re-assessment order making addition of Rs.39,99,642/-.

Against the order of the Ld. CIT(A), assessee is in appeal before us with the following grounds of appeal:

The Ld. Counsel appearing for the assessee submitted that one more opportunity may be given to the assessee, so that all necessary details can be filed before the authorities-concerned and the assessee has prepared to co-operate with the Department.

Recording the above statement of the Ld. Counsel for the assessee, the orders passed by the lower authorities are hereby set aside to the file of the Jurisdictional Assessing Officer (JAO) and direct to pass an order on merits by giving one more opportunity of hearing to the assessee. Needless to state that the & 2340/Ahd/2025 Vikul Panchal vs. ITO Asst.Year - 2013-14 - 4 - assessee should make use of this final opportunity and file all the relevant material/documents before the JAO to pass order on merits.

This appeal of the assessee is against the penalty levied u/s.271(1)(c) of the Act. Since the quantum appeal in JAO, the penalty levied in this appeal is hereby cancelled. However, liberty is given to the JAO to proceed with fresh penalty proceedings in accordance with the provisions of law. Thus, this appeal is allowed.